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Getting married in the UK ? new rules
New rules introduced in 2005 (the Immigration (Procedure for Marriage) Regulations 2005) require overseas nationals wishing to marry in the UK to obtain a Certificate of Approval before being able to give notice to marry at a registry office. Aimed at preventing bogus marriages solely for the purpose of gaining permission to stay in the UK, the new rules are very wide-ranging and affect large numbers of overseas nationals already living here in the UK.
Who is affected?
The new provisions affect all overseas nationals who are subject to immigration control. They do not, therefore, affect British citizens. People with the right of abode in the UK, nationals of the European Economic Area (which includes the European Community, Norway, Liechtenstein and Iceland) and Swiss nationals are also exempt. In addition, anyone with indefinite leave to remain (sometimes known as settled status or permanent residence) is not required to obtain the certificate.
How to apply
All other overseas nationals living in the UK will need to make an application, pay a fee of £135 and complete a seven-page application form requesting permission to marry.
To qualify it is necessary to show that the person has been granted permission to live in the UK for more than six months and that there are at least three months left before the permission expires. The Home Office insists that three months is the minimum workable period, asserting that it is likely to take at least three months to consider the application and issue the certificate, while leaving enough time for the marriage to go ahead before the permission to stay in the UK expires.
Given the terrible record of Home Office delays in the past, it is advisable to submit an application as soon as possible, as there may be no right to stay in the UK if the Certificate of Approval is not issued in sufficient time to arrange the marriage before permission to stay in the UK comes to an end.
Applications must be made by post and accompanied by two passport-type photographs of each marriage partner, the current valid passport of each marriage partner and evidence of ability to marry (ie divorce or death certificates to show the end of an earlier marriage if either partner has previously been married).
If both parties to the marriage are overseas nationals subject to immigration control, then two separate applications must be made and a separate fee paid in respect of each. Thus, for example, two work permit holders from America planning to marry would both need to apply for a Certificate of Approval.
Giving notice of intention to marry
Once a Certificate of Approval is issued, the couple can give notice of intention to marry (the process used to book a wedding ceremony) at one of 76 designated registry offices in England or Wales (or any registry office in Scotland or Northern Ireland). They can then marry in the normal way at any registry office or other place licensed for weddings. However, without the Certificate of Approval the marriage registrar will not be able to take the notice of the marriage and the wedding cannot go ahead.
The Magrath & Co immigration team may be contacted on 020 7495 3003.
For more information please visit www.magrath.co.uk.