April 1th 2011 - "On 29 March 2011, the UK government announced the proposed abolition date for migrant
'certificate of approval' for migrants scheme. The scheme will end on 9 May 2011, subject to approval by UK Parliament."
Source - UKBA
On 29 March 2011, the government announced the proposed abolition date for the 'certificate of approval' scheme.
The scheme will end on 9 May 2011, subject to approval by Parliament.
At present, any migrant who is already in the UK and is subject to immigration control must apply for a certificate
of approval before they can get married or register a civil partnership in this country (unless they are getting married within the Anglican Church).
The government is now seeking to remedy the declaration by the UK courts that the scheme is incompatible with Article 14 of the European
Convention on Human Rights (read with Article 12). Additionally, changes made following rulings from the courts have weakened the scheme,
and it is no longer an effective method of preventing sham marriage.
The Parliamentary process for abolishing the scheme using a Remedial Order under the Human Rights Act 1998 is drawing to a close. The
Order must be approved by both Houses of Parliament. The House of Commons approved the order on 29 March. During this debate, the Minister
for Immigration announced the proposed abolition date. We will proceed to abolish the scheme on 9 May if the House of Lords approves the Order
following a debate on 4 April.
Entering into a sham marriage does not entitle migrants to any right to remain in the UK. The UK Border Agency will continue to investigate suspected
abuse and, where possible, disrupt marriages before they take place. If we uncover marriages that are not genuine, we will challenge them and
prosecute where possible.
FAQ
Do you still need to apply for a certificate of approval if you want to get married or register a civil partnership?
ANS: The certificate of approval scheme remains in operation until the Remedial Order comes into force. Migrants who are subject to immigration control
must follow the current application process until further notice.
When will the scheme be abolished?
ANS:T he scheme will end on 9 May 2011, subject to Parliamentary approval.
I want to marry in summer 2011. Will I still need a certificate of approval?
ANS: If parliament approves the Remedial Order,
the government proposes to end the scheme on 9 May. There will be no legal requirement to obtain a certificate of approval after that date.
When will we stop processing certificate of approval applications?
ANS: We will continue to process applications until
the scheme legally ends.
When will we return certificate of approval applications and documents such as passports?
ANS: We will start returning
applications and documents as soon as the scheme legally ends.
In some cases we may want to retain documents to undertake enforcement activity (if, for example, we find that you have no valid permission to enter
or remain in the UK). If your documents are retained, we will notify you by letter.
Can you withdraw your application before 9 May?
ANS: You can withdraw your application at any time, but you should be
aware that the scheme remains in force until it is abolished.
When the scheme is abolished, will I still need to give notice of my marriage or civil partnership in a designated register office?
ANS: Yes.
The requirement to give notice in a designated register office is not affected by the proposed abolition of the certificate of approval scheme. The requirement will
remain in force when the scheme is abolished.
If you have further enquires on immigration to the UK, Singapore, Australia or the USA, please contact Ambler Collins Visa Specialists and we will
undertake a complimentary assessment of your eligibility. Email us at; info@amblercollins.com
Back to the Visa Specialists News section
Back to the Visa Specialists Home page
