JCWI News

19 September 2006

Marriage rules campaign update - Important rule changes for non-EEA fiancés wishing to marry in the UK

A number of individuals could benefit from changes to the "sham marriage" immigration guidance recently introduced by IND following a judgement in Baiai at the High Court . However the changes will still leave many in limbo.

The changes to the rules concern the guidance for applying Section 19 of the Asylum and Immigration (Treatment of Claimants) Act 2004. Under the previous guidance, from February 2005, only non-EEA nationals who had been granted leave to enter the UK for more than six months, with at least three months' leave remaining, would be granted a Certificate of Approval. A non-EEA national who did not fulfil these conditions was unable to marry in a civil ceremony in the UK without first returning to their country of origin to apply to re-enter as a fiancé(e). The only exception to this rule was a marriage in the Church of England.

Under the new guidance it seems that all individuals with some valid leave to remain will now be considered for a Certificate of Approval to marry in a civil ceremony, regardless of the length of time of the initial grant of leave, or the amount of time remaining.

As this group constituted 90 per cent of those applying for the Certificate of Approval, theoretically at least, the guidance changes could have positive impact for a large number of people. However these individuals will now be subject to fairly intrusive questioning to establish the genuineness of their marriage, even if they do not intend to use their marriage as the basis of staying in the United Kingdom; and JCWI will need to monitor the practical impact of the guidance changes in order to effectively gauge the true extent of the benefit that is envisaged.

The guidance also fails to resolve the plight of asylum, and failed, asylum applicants, overstayers and those who have entered the UK in an unregulated immigration capacity. These individuals will still be unable to marry in a civil ceremony in the UK despite the Home Affairs Select Committee recommendation, published in July , that those from countries to which it is too dangerous to travel according to the FCO advice should be able to make an in-country application to marry. It is also discriminatory that an exception is still made for those marrying in the Church of England.

JCWI is continuing to intervene in the Baiai challenge to Section 19 AITOC 2004 which is now proceeding to the Court of Appeal. A date for the hearing is awaited.

Important: If you are a non-EEA national fiancé wishing to marry and require legal advice because you think you may be affected by the guidance changes you can call JCWI's information line on Tuesdays and Thursday afternoons (please see our website www.jcwi.org for details). Please note that you cannot be advised if you call outside of these hours or on other JCWI telephone numbers.