Press Archives

Monday 10 October 2005

Permission to marry makes million for Home Office, breaks hearts

Home Office figures seen by the Joint Council for the Welfare of Immigrants suggest that the Department could be generating as much as £1.6 million a year in fees* for charging couples for permission to marry in the UK where one or both of the partners is a non-EEA national.

Some couples are having to wait more than two months for their application for a Certificate of Approval to marry to be processed. Those having failed in their asylum claim, or having less than six months’ leave to remain in the UK are normally refused permission, except in special circumstances.

The news comes as women refused permission to marry their non-EEA partners, or facing separation from them because of deportation, prepare to demonstrate at Parliament today at 12 noon.**

Since February 1 this year, non-EEA nationals already in the United Kingdom have had to pay the Immigration and Nationality Directorate £135 for permission to marry in the UK. The rules came into effect as a result of the 2004 asylum and immigration legislation.

Between the introduction of the new rules and the end of August, the Immigration and Nationality Directorate had received 7,201 applications to marry generating just under a £1million in fees. While the Immigration and Nationality Directorate processed most applications within three weeks of banking applicants’ money, they took 70 days or more to complete around 16% of applications.

JCWI continues to campaign against the rules on permission to marry which breach people’s human rights to marry and found a family. There is no evidence that the rules are meeting the Government’s objective of preventing alleged sham marriages, but JCWI has heard from many genuine couples unable to realise their European Convention rights to marry and found a family because of the marriage rules.

For example, C, a UK national, wishes to marry E a failed asylum seeker, by whom she has a child. It is likely if E returned home voluntarily to apply for a marriage visa there he would be imprisoned, or prevented from leaving again by the authorities. If C accompanied him for more than a few weeks she would lose her home and job in this country, and anticipates an ex-partner would fight her for custody of her children from their relationship.

Habib Rahman, JCWI Chief Executive, said:

“The Home Secretary is now the Marriage Registrar of last resort.

“These rules breach people’s European Convention rights and are breaking the hearts of many genuine couples who have contacted JCWI. At the same time the latest figures show the rules are acting as a money-making machine for the Home Office.”

Notes:

* Extrapolated from the Immigration and Nationality figures for February-August 2005. Please see the attached document.

** For more information about the Brides without Borders campaign please call Jessica Siavoshy at 0208 847 3063/ 07951 583 353 or visit http://www.ncadc.org.uk/