[noborders-brum] [Fwd: Changes to the Certificate of Approval scheme]

[Shiar]

Getting married in the UK with out Leave to Remain!

If your marriage application was refused prior to
the 19th June 2007, you may reapply

+++++++++++++++++++++++++++++++++++

Changes to the Certificate of Approval scheme

Changes to the scheme following the High Court judgement of 10 April 2006
http://www.bia.homeoffice.gov.uk/applying/generalcaseworking/coaformarriageorcivilpartnership

3.1. Following a judgement in the High Court
amendments were introduced for applicants who had
insufficient leave to enter or remain in the UK
to meet the published COA criteria when applying.

3.2 Under these new procedures if you were a
person who had insufficient leave to enter or
remain at the time of applying for a COA, we may
write to you asking that you submit further
information in support of your application to
enable us to be satisfied that your proposed
marriage or civil partnership is genuine. Any
such letter from us will ask for information
about:-

     * when, where and how you and your fiancée(e)/proposed civil partner met

     * when you decided to marry or enter into a civil partnership

     * where you intend to live if permitted to
marry or to enter into a civil partnership in the
UK

     * arrangements for any religious ceremony,
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

     * your relationship with your
fiancé(e)/proposed civil partner if you are not
living together (e.g. letters and photographs as
evidence of the relationship)

     * your life with your fiancé(e)/proposed
civil partner if you are living together,
including the address(es), how long you have
lived together and documentary evidence in the
form of correspondence addressed to both of you
at the same address from utilities, government
bodies, local authorities, financial institutions
etc

     * any children from your and your
fiancé(e)/proposed civil partner's present or
previous relationships, including where they now
live, the length of time any of them have lived
with you, the names of their natural parents and
who supports them

     * contact telephone numbers for yourself and
your fiancé(e)/proposed civil partner in case an
officer wishes to contact either of you

     * any additional information about yourself
and your fiancé(e)/proposed civil partner which
you would like us to know about, and/or any
additional supporting evidence or documentation
which might help your application.

3.3 The letter asking for this information will
explain that your answers will have to be
provided in separate affidavits clearly signed
and dated by you and your fiancé(e) or proposed
civil partner.

3.4 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.

Changes to the Certificate of Approval scheme
following the Court of Appeal Judgement on 23rd
May 2007

3.5 A judgement in the Court of Appeal on 23 May
2007 declared the pre April 2006 original
certificate of approval scheme unlawful. The Home
Office is in the process of petitioning the House
of Lords for permission to appeal against the
Court of Appeal judgement.

3.6 The Certificate of Approval scheme has not
been suspended following this judgement, although
some decisions could be stayed for a short period
pending the issuing of new guidance.

3.7 Whilst it is seeking to appeal against the
Court of Appeal Judgement, the Home Office is
currently considering that judgement with a view
to ensuring that the scheme complies fully with
the Court of Appeal judgement.

3.8 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 a
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. (See 3.2 above)

·        Applications from those individuals who
do not have valid leave to enter or remain
(illegal entrants, persons who have been refused
leave to enter, but granted temporary admission
or temporary admission pending the outcome of an
application for 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. This is the guidance set out at 3.2 above.
Where a person without leave to remain applies
for a certificate of approval the Home Office
will (as in all cases where we discover a person
present illegally) consider whether or not
enforcement action should be initiated, in
addition to considering the application for the
certificate of approval.

·        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.  These
requests will require the submission of evidence
as stated in the amended guidance ( see 3.4
above).

·        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. Regulation 2 of the EEA
Regulations 2006 specifically excludes a party to
a marriage of convenience from being a spouse.

3.9. Some guidance has been removed from the
website whilst it is updated. It is hoped that
the new guidance will be available by the
beginning of July.

3.10 You can ask for an application form to be
sent to you by telephoning 0870 241 0645. The
certificate of approval application form is also
available on the forms page of this website.
After new guidance is issued it is possible that
the application form for certificate of approval
might also change. If you will not be applying
for a while you may wish to wait to see if new
forms are issued in the next few weeks.

3.11 All applications have to be made by post, as
you will not be able to apply in person at IND's
Public Enquiry Offices for this service. The
application form has details of the documents you
need to send with the form and where you should
send it to.

3.12 A fee of £295 is payable for this service.
Details of the ways you can pay are also included
in the application form. We recommend that
applications are sent by Royal Mail Recorded
Delivery. You should allow between 20 and 70
working days for your application to be processed.

3.13 The certificate is valid for three months
from the date it is issued or to the date when
your leave to enter/remain expires, if this is
less. You must give your notice to marry or
register your civil partnership within this time.
The certificate allows you to give notice to
marry or register your civil partnership and does
not mean you will be guaranteed leave as a spouse
or civil partner.

3.14 If both people getting married or
registering a civil partnership are subject to
immigration control, they both need to make
separate applications and each pay a fee for
their certificates of approval. The Home Office
will not reissue a replacement certificate if you
lose the original. You will have to make a new
application.

4 - Giving notice to marry or register a civil
partnership at a designated register office

4.1 If you are subject to immigration control,
you and the person you plan to marry or register
your civil partnership with, will need to give
notice to marry or register your civil
partnership at a designated register office. All
the registration offices in Scotland and Northern
Ireland are designated registration offices and
76 register offices in England and Wales have
been selected as designated register offices. A
list of these 76 offices is available on the
General Register Office website and the Border
and Immigration Agency website. See section 6 for
these website addresses.

4.2  In England and Wales, both of you must have
at least seven days residence in a registration
district before you can give your notices to
marry or register your civil partnership. Those
notices can be given at any designated register
office, but both of you must attend together.

4.3 You will need to bring evidence of your
names, addresses, ages, nationalities and, if
either of you has been married or registered a
civil partnership before, proof you are now free
to marry or register a civil partnership.

4.4 In Scotland and Northern Ireland, the notice
to marry or register a civil partnership can be
given by post, so you will not normally have to
attend in person, but you may be asked to attend
the Registrar's Office before the wedding or the
civil partnership.

4.5 You must surrender your certificate of
approval to the registrar when you give your
notice to marry or register your civil
partnership. If you are planning to marry or
register your civil partnership in Scotland or
Northern Ireland and you are travelling from
abroad, you will need to photocopy the sticker in
your passport and send the photocopy to the
registrar along with your marriage or civil
partnership notice papers if you are giving
notice by post.

4.6 After you have given notice to marry or
register your civil partnership, you have to wait
15 full days before your wedding or registering
of your civil partnership can take place (14 days
in Scotland and Northern Ireland).

4.6 In England and Wales, once your notice to
marry or register your civil partnership has been
accepted, the wedding or civil partnership can
take place at any register office or approved
premises. If you plan to marry at a church or
religious building registered for marriage it
must be in the district of residence where you or
the person you plan to marry live.

4.7 The notice to marry or register your civil
partnership is valid for one year from the date
on which it was given in England, Wales and
Northern Ireland, and for three months in
Scotland. Your marriage or civil partnership must
take place within this time, or you will have to
apply for another certificate of approval and
give notice to marry or register your civil
partnership again.

5 - Religious ceremonies

5.1 The rules on certificates of approval do not
currently apply if you plan to get married at an
Anglican Church in England or Wales, after
marriage banns or an ecclesiastical licence. You
must contact a member of the clergy at the church
where you plan to get married to make the
appropriate arrangements. However the policy of
excluding these religious ceremonies from the
certificate of approval scheme was declared
unlawful by the High Court. The Government has
indicated it will change the rules to bring such
marriages within the scope of the scheme. The
date of this change has not yet been determined.

5.2 If you plan to marry in any other form of
religious ceremony, you will have to follow the
procedures outlined above before the marriage
ceremony can take place.



6 - Where to get more information

For more information about certificates of approval write to:

Border and Immigration Agency
Lunar House
40 Wellesley Road
CROYDON
CR9 2BY

General enquiries phone:
0870 606 7766

Application forms phone:
0870 241 0645

Email:
indpublicenquiries at ind.homeoffice.gsi.gov.uk

For more information about visas, write to:

UKvisas
Foreign and Commonwealth Office
King Charles Street
LONDON
SW1A 2AH

General enquiries phone: 0845 010 5555

Website: www.ukvisas.gov.uk

For more information about getting married or
registering a civil partnership in the UK contact
your local registrar or the appropriate General
Register Office as follows.

England & Wales

Write to:

Marriages Branch General Register Office
Smedley Hydro
Trafalgar Road
SOUTHPORT
PR8 2HH

Phone:
0151 471 4803

Fax:
01633 652975

Email: marriages.gro at ons.gov.uk

Website: www.gro.gov.uk


Scotland

Write to:

Marriages Section
General Register Office for Scotland
New Register House
West Register Street
EDINBURGH
EH1 3YT

Phone:
0131 314 4447

Fax:
0131 314 4532

Email: marriage at gro-scotland.gsi.gov.uk

Website: www.gro-scotland.gov.uk


Northern Ireland

Write to:

Marriage Section
General Register Office
Oxford House
49-55 Chichester Street
BELFAST
BT1 4HL

Phone:
028 9025 2036

Fax:
028 9025 2136

Email: groreg.nisra at dfpni.gov.uk

Website: www.groni.gov.uk
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