JCWI Press Releases

5 December 2007

Marriage rules for foreigners in UK to be appealed before Lords

The Lords have announced they will hear a challenge to rules which force most foreign nationals to ask the Home Secretary's permission to marry legally in the UK . The Lords have also agreed that the Joint Council for the Welfare of Immigrants and the AIRE Centre can make a joint intervention in the cases of Baiai, Trzcinska and others, due in the spring, 2008.

The Lords will hear the Home Secretary's appeal against the decision of the Court of Appeal which found that the rules introduced in 2005 contravened the right to marry guaranteed under the European Convention on Human Rights.

The rules, rushed through at the last minute in the Asylum and Immigration (Treatment of Claimants) Act 2004, oblige most foreign nationals who are not citizens of an EEA country to get the permission of the Home Secretary in the form of a Certificate of Approval if they wish to be married by a registrar or in another ceremony which is legally recognised

The rules exempt  only those who marry in the Church of England. So the Divisional Court also found that the whole scheme was discriminatory on the ground of religion last year. The Government did not appeal this ruling but have taken no steps to eliminate this discrimination.

Everyone in these groups is affected - not just those who might potentially gain some immigration advantage from their marriage. Only those who are already settled (i.e. have permanent residence) or have come to the UK with a fiancé visa are exempt from the scheme. Two people already fully recognised as refugees, or two foreign students who cannot apply to extend their stay in the UK as a consequence of marrying each other, must all pay for this permit.

The Home Office charges £295 per non-EEA party to the marriage - making the cost £590 if both parties are foreigners. Figures seen by JCWI suggest the original Certificate of Approval fee of £135 was generating at least £1 million a year for BIA.

Habib Rahman, JCWI Chief Executive said:

"Two previous courts have vindicated us so we wish the Home Office were not intent on appealing this decision again. However we look forward with our partner  the AIRE Centre to exposing the injustice of these rules once more in the highest court in the UK ."

Nuala Mole, Director of The AIRE Centre, said:

 "We are pleased to have the opportunity to join with JCWI in putting before the House of Lords all the reasons why this scheme violates the fundamental right to marry."