WITH effect from April 9, 2009, the UK Border Agency has suspended the fee for Certificate of Approval for marriage applications. This means that individuals making an application for a Certificate of Approval on or after this date will not be required to pay the fee.
The fee has been suspended in order to comply with the House of Lords judgment in the case of Baiai v the Secretary of State for the Home Department.
The UK Border Agency is carefully considering the implications for those who have already paid a fee and will shortly announce its policy in this respect.
The rest of this note deals with the background to the changes in the certificate of approval scheme. This note has previously been posted in the New Zimbabwe Newspaper, but it is surprising how many people still do not know that they can get married. Having a marriage certificate is important for many reasons and many Zimbabweans in this country are living without a formal marriage because of ignorance.
Not everyone will want to get married in order to regularise one’s status in the United Kingdom but people may want to get married for a variety of reasons, including religious and moral ones.
Under the rules introduced in 2005, non-EEA nationals with limited leave to remain have to show a fiancé visa, or have the Home Office’s permission to marry, before being married in a legally recognised ceremony in the UK.
Under the original rules, the Home Office could refuse people with less than six months valid leave to remain the certificate of approval needed to demonstrate permission to marry to a registrar.
The rules effectively treated those with less than six months valid leave as seeking to enter marriages of convenience even where they were able to demonstrate, if given a chance, that they had no such intention. The only exemption is for people who marry in the Church of England.
Campaigners have said the law was discriminatory because it effectively labelled some immigrants as fraudsters. The law was challenged on the basis that it was discriminatory. The Court of Appeal ruled that the scheme was disproportionate to the objective of preventing marriages of convenience for immigration benefit because it:
- Discriminated on religious grounds due to the fact that those people who wanted to marry within the Church of England were not subject to the same scrutiny as those choosing another type of wedding.
- The measures breached human rights on grounds of nationality and religion and the Judge held that there was “no adequate justification for the marriage regulations to be used to control immigration.”
The Chief Executive if the JCWI Habib Rahman commented on the decision saying:
“The judgement is a vindication of the genuine intentions of many migrants and their partners who have been prevented from marrying in a legally recognised ceremony by these cruel rules. The Lord Justices have reminded the Home Secretary that all people in the UK are human beings with rights whatever their immigration status. Given that this decision extends rather than overturns the High Court decision we urge the Home Office to abide by this decision rather than appeal.”
THE EFFECTS OF THE JUDGEMENT
The following points summarise the amendments to the guidance that will apply until the Home Office knows the outcome of its petition to the House of Lords.
- Applications from individuals who previously did not meet the criteria for the certificate of approval, but who have some valid leave to enter or remain at the time of their application, will continue to be considered in line with the current guidance.
- Applications from those individuals who do not have valid leave to enter or remain (illegal entrants, persons who have been refused leave to enter and those who have overstayed their leave to remain) who have until now been refused unless there are exceptional compassionate circumstances for granting a certificate of approval will be treated in line with the current guidance for those who have limited, but insufficient leave to qualify for a COA.
- Applicants who applied under the original scheme, who at the time of their application had limited, but insufficient leave to enter or remain to qualify and were refused a certificate of approval may submit a request for reconsideration of their application.
- Where a person applies for a certificate of approval with the intention of engaging in a marriage of convenience to an EEA national, it should be noted that such a marriage will not afford the non-EEA national a right to reside in the United Kingdom.
Hopefully we will see the Home Office scrapping the system altogether in order to comply with the judgment. However, the Home Office seems to do pretty much what they want to do and at their own pace. The waiver of the fees is the nearest we have seen to the Home Office complying with the decision.
X and Y‘s Story
These are fictitious characters and depict a scenario that many immigrants find themselves in. Any similarity to actual people is merely a coincidence.
X and Y met in Zimbabwe in 2001 and fell madly in love. X was an avid supporter of the opposition MDC party and was persecuted on the grounds of his political views. He fled to the UK and claimed asylum. He was granted asylum and is now a British citizen.
His sweetheart stayed behind in Zimbabwe. As soon as he had raised enough money, he purchased a ticket for Y and she followed him to the UK. Y and X sought advise from unqualified immigration advisors and Y was advised not to disclose her relationship with X on arrival in the UK.
She claimed asylum in her own right. Unfortunately her claim was refused. She exhausted all her appeal rights and has been living in the UK since 2002 with no valid leave. She has lodged a fresh claim and has not heard from the Home Office since January 2006. She blames her lawyer for the delay and has changed lawyers several times in and attempt to speed her case up at the Home Office.
X and Y now have two children born in the UK. Y has paid lobola for X but they have not formalised their union. X and Y are strong Christians and they would like to formalise their marriage.
What should they do and how will the new rules affect their case?
Under the new rules, X and Y can make an application to the Home Office for a certificate of approval. The Home Office may write asking that they submit further information in support of the application to enable them to be satisfied that the proposed marriage is genuine. Typically the letter will ask for information about:
- When, where and how X and Y met
- When did they decide to marry
- Where do they intend to live if permitted to marry
- Arrangements for any reception or celebration, including the nature of the ceremony, the person conducting it and relevant contact details.
- Arrangements for any reception or celebration ,including details of the location, proof of booking and relevant contact
- Details about X and Y’s life including addresses how long they have lived together and evidence in the form of correspondence addressed to both of them at the same address from utilities, government bodies, local authorities, financial institutions.
- Details about their children
The letter asking for this information will explain that the answers will have to be provided in separate affidavits clearly signed and dated by X and Y.
An affidavit is a written statement signed on oath and witnessed by a qualified solicitor or notary public. It is an offence to make an affidavit believing or knowing the contents to be false or knowing that the affidavit is intended to be used for the purposes of deceiving another person that the contents are true.
Possible Outcome
X and Y may be granted a certificate of approval entitling them to get married. Once married, they will then need to seek legal advice on how to regularise X’s immigration status. It is worth noting that entry clearance applications made by people with a previous adverse immigration history have been very successful and it is worth seeking advice on applying for entry clearance on the basis of marriage.
I would like to highlight that where a person without leave to remain applies for a certificate of approval, the Home Office will consider whether or not enforcement action to remove such a person from the UK should be initiated, in addition to considering the application for the certificate of approval.
If one is here illegally, and is unknown by the Home Office (in street language if one is a “chidoma” ghost), then it is best to seek advice.
The changes in the rules are a welcome change and should be able to facilitate the marriage of people who genuinely want to get married whilst sifting out those who want to engage in sham marriages or marriages of convenience.
Rumbidzai Bvunzawabaya is a Solicitor at RBM Solicitors based in Coventry. She can be contacted at info@rbmsolicitors.co.uk or telephone: 02476520999
People must learn to eat moderately to effectively lose weight. It seems as if as the American population increases, so do our appetites. In the past, a simple, leafy sandwich with a glass of milk was enough to satisfy our hunger. How, however, to fill ourselves up, we flat belly diet cookbook eat huge portions, large side entrées, and a gargantuan carbonated drink. If one walks into some fast food restaurants, one can get their meal enlarged or “Super sized”. We must go back to our old ways of limiting our food intake. One should eat until there are full, not comatose.
We must not eat too much, but we should Flat Belly Diet Cookbook eat just enough to maintain our body’s need for energy. Overeating has bigger ramifications than most people think. However, Americans became aware of this “overeating epidemic” when they “flocked to see Super Size Me, Morgan Spurlock’s documentary about what happens when you eat nothing but McDonald’s food for a month. Now McDonald’s is discontinuing its Super Size option” (Lemonick).
Eating nutritional foods is necessary in order to successfully lose weight. A misconception people have is that they think it is okay to eat a whole box of chocolate chip flat belly diet cookbook cookies after enjoying a 5K run in the afternoon. This can be one of the worst things a person can do to his body. Although one exercises everyday of his life, one also has to eat healthy.
Is it possible that i might be denied a coa…i came i dec last year and i want to get married to someone who has an indefinite leave to remain. I came under a student visa and it is still valid for 3 years. Is it possible that i might be asked to return to zimbabwe?