Marriage Rule changes: Non-EEA Fiancés in the UK
Changes to the “sham marriage” immigration guidance recently introduced by IND following a judgement in Baiai at the High Court could benefit individuals with less than 3 months of valid leave to remain in the UK. Prior to the judgement, these individuals could not apply for a Certificate of Approval.
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, 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.
The guidance changes could have positive impact for a large number of people.
If you are a non-EEA national fiancé wishing to marry and require advice, please contact Mulberry Finch now.
