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scheme</title></head><body>
<div><font color="#0000FF"><b>To Detention list:</b></font></div>
<div><br></div>
<div>Getting married in the UK with out Leave to Remain!</div>
<div><br></div>
<div>If your marriage application was refused prior to the 19th June
2007, you may reapply</div>
<div><br></div>
<div>+++++++++++++++++++++++++++++++++++</div>
<div><br></div>
<div><font color="#000000"><b>Changes to the Certificate of Approval
scheme</b><br>
<br>
Changes to the scheme following the High Court judgement of 10 April
2006</font></div>
<div><font
color="#000000"
>http://www.bia.homeoffice.gov.uk/applying/generalcaseworking/coaform<span
></span>arriageorcivilpartnership<br>
<br>
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.</font><br>
<font color="#000000"></font></div>
<div><font color="#000000">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:-</font></div>
<div><font color="#000000"><br>
* when, where and how you and your
fiancée(e)/proposed civil partner met</font></div>
<div><font color="#000000"><br>
* when you decided to marry or enter into a civil
partnership</font></div>
<div><font color="#000000"><br>
* where you intend to live if permitted to marry or
to enter into a civil partnership in the UK</font></div>
<div><font color="#000000"><br>
* arrangements for any religious ceremony,
including the nature of the ceremony, the person conducting it and
relevant contact details</font></div>
<div><font color="#000000"><br>
* arrangements for any reception or celebration,
including details of the location, proof of booking and relevant
contact</font></div>
<div><font color="#000000"><br>
* 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)</font></div>
<div><font color="#000000"><br>
* 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</font></div>
<div><font color="#000000"><br>
* 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</font></div>
<div><font color="#000000"><br>
* contact telephone numbers for yourself and your
fiancé(e)/proposed civil partner in case an officer wishes to
contact either of you</font></div>
<div><font color="#000000"><br></font></div>
<div><font color="#000000"> * 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.</font><br>
<font color="#000000"></font></div>
<div><font color="#000000">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.<br>
<br>
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. <br>
<br>
Changes to the Certificate of Approval scheme following the Court of
Appeal Judgement on 23rd May 2007<br>
<br>
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.<br>
<br>
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.<br>
<br>
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.</font><br>
<font color="#000000"></font></div>
<div><font color="#000000">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.</font></div>
<div><font color="#000000"><br></font></div>
<div><font color="#000000">·
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)</font></div>
<div><font color="#000000"><br></font></div>
<div><font color="#000000">·
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.</font></div>
<div><font color="#000000"><br></font></div>
<div><font color="#000000">·
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).</font></div>
<div><font color="#000000"><br>
· 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. <br>
<br>
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. <br>
<br>
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.<br>
<br>
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.<br>
<br>
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.<br>
<br>
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.<br>
<br>
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.<br>
<br>
4 - Giving notice to marry or register a civil partnership at a
designated register office<br>
<br>
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.</font></div>
<div><font color="#000000"><br>
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.<br>
<br>
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.<br>
<br>
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.<br>
<br>
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.<br>
<br>
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).<br>
<br>
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.<br>
<br>
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.<br>
<br>
5 - Religious ceremonies<br>
<br>
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.<br>
<br>
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.<br>
<br>
<br>
<br>
6 - Where to get more information<br>
<br>
For more information about certificates of approval write to:<br>
<br>
Border and Immigration Agency<br>
Lunar House<br>
40 Wellesley Road<br>
CROYDON<br>
CR9 2BY<br>
<br>
General enquiries phone:<br>
0870 606 7766<br>
<br>
Application forms phone:<br>
0870 241 0645<br>
<br>
Email:<br>
indpublicenquiries@ind.homeoffice.gsi.gov.uk <br>
<br>
For more information about visas, write to:<br>
<br>
UKvisas<br>
Foreign and Commonwealth Office<br>
King Charles Street<br>
LONDON<br>
SW1A 2AH<br>
<br>
General enquiries phone: 0845 010 5555<br>
<br>
Website: www.ukvisas.gov.uk<br>
<br>
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.<br>
<br>
England & Wales<br>
<br>
Write to:<br>
<br>
Marriages Branch General Register Office<br>
Smedley Hydro<br>
Trafalgar Road<br>
SOUTHPORT<br>
PR8 2HH<br>
<br>
Phone:<br>
0151 471 4803<br>
<br>
Fax:<br>
01633 652975<br>
<br>
Email: marriages.gro@ons.gov.uk<br>
<br>
Website: www.gro.gov.uk<br>
<br>
<br>
Scotland<br>
<br>
Write to:<br>
<br>
Marriages Section<br>
General Register Office for Scotland<br>
New Register House<br>
West Register Street<br>
EDINBURGH<br>
EH1 3YT<br>
<br>
Phone:<br>
0131 314 4447<br>
<br>
Fax:<br>
0131 314 4532</font></div>
<div><font color="#000000"><br>
Email: marriage@gro-scotland.gsi.gov.uk<br>
<br>
Website: www.gro-scotland.gov.uk<br>
<br>
<br>
Northern Ireland<br>
<br>
Write to:<br>
<br>
Marriage Section<br>
General Register Office<br>
Oxford House<br>
49-55 Chichester Street<br>
BELFAST<br>
BT1 4HL<br>
<br>
Phone:<br>
028 9025 2036<br>
<br>
Fax:<br>
028 9025 2136<br>
<br>
Email: groreg.nisra@dfpni.gov.uk</font><br>
<font color="#000000"></font></div>
<div><font color="#000000">Website: www.groni.gov.uk</font></div>
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