Marriage in the UK for non-EEA Citizens

[John]

As from 01.02.05, if a non-EEA Citizen wishes to give Notice of Intention to Marry in the UK they need to give that notice at a designated Register Office. Furthermore, if they do not already have a fiancé(e) visa, or an ILR visa, they effectively need permission from the Home Office in order to give that notice.

Today regulations have been published :-

The Immigration (Procedure for Marriage) Regulations 2005

This gives a lot of detail about the new procedure .... including ... ouch ... there is a £135 fee for seeking the Home Office permission to marry.

As I read those regulations that £135 fee does not apply to those with a fiancé(e) visa, or ILR visa. But it does apply to someone who has only a visitor's visa, an HSMP visa etc etc, or no visa at all! And even if permission to marry is sought, there is no guarantee that the permission will be given.

Let's just say, as from 01.02.05, the number of sham marriages in the UK will drop from many to few.

[journey]

I appreciate HO afford to enforce tight regulation for marriage of non EU national to eliminate sham marriages.
This will certainly help everyone to have speedy or on spot decision from HO on stay of non EU national on the basis of marriage to EU or british citizen.
This should step should have been taken ages ago to ease pressure from HO case workers/ immigration officers, as currently HO has several thousands pending marriage cases, which are yet to be decided. These delays causes hell of tension in marriage & social life & their contribution to the growth of UK.
It's not tough to have tight immigration control in the UK, but I think this is the incompetence of the HO not to tackle problem on time.

Hope for the best.........

[journey]

I appreciate HO afford to enforce tight regulation for marriage of non EU national to eliminate sham marriages.
This will certainly help everyone to have speedy or on spot decision from HO on stay of non EU national on the basis of marriage to EU or british citizen.
This should step should have been taken ages ago to ease pressure from HO case workers/ immigration officers, as currently HO has several thousands pending marriage cases, which are yet to be decided. These delays causes hell of tension in marriage & social life & their contribution to the growth of UK.
It's not tough to have tight immigration control in the UK, but I think this is the incompetence of the HO not to tackle problem on time.

Hope for the best.........

[journey]

Pl read afford as effort.....

Regret for any inconvenience caused.

[Chess]

Marriage after 01/02/05

FAQs:

http://www.ind.homeoffice.gov.uk/ind/en ... tting.html

[John]

Chess, thanks for posting that link. There are some tough rules in there. For example, someone in the UK on a visitor's visa of duration six months or less will not be given permission to marry by the Home Office. Also, someone previously issued a visa of longer than six months, but where there are now three months or less left on it will also not be given permission to marry.

Does it mention a new visa category .... marriage visitor? That is, someone who wishes to come to the UK to marry following which they intend to return to their country now needs to apply for a "marriage visitor visa" before making their journey to the UK.

[Chess]

Does it mention a new visa category .... marriage visitor? That is, someone who wishes to come to the UK to marry following which they intend to return to their country now needs to apply for a "marriage visitor visa" before making their journey to the UK.

It would appear that there is a new Visa Category of marriage Visitor.

Strange thing is that I cant find the Aplication form for a marriage certificate on the website - have you found it?

This would appear to be another money making move by HO (albeit intended for other reasons initially).

There are about 75,000 marriages every year involving foreigners in the UK. At a cost of £135 assuming one partner is non EEA then that is £10 Million. Assuming bopth are that is £20M for the treasury!!!


I thinkthis new rule is gonna catch out so many people. Imagine applying to marry 3 months before your student visa expire - HO takes 2.5months to resolvce your case and then God forbid (you get refused) - .......you are basically stuck

[John]

Chess, I agree, no doubt Home Office will get quite a bit of revenue from this. But against that they are inventing more tasks, but at the same time cutting down on the need to devote so many resources to the subject of sham marriages.

You mention "There are about 75,000 marriages every year involving foreigners in the UK." But of course not all that number will need to apply and pay their £135. For example, all those coming to the UK on a fiancé(e) visa will not need to, and neither will anyone who already has ILR. As regards those holding a fiancé(e) visa, checks and decisions will have already been made when that visa was applied for outside the UK. And anyone already having their ILR will of course not need to marry in order to stay here, so no incentive to enter into a sham marriage.

The Home Office in issuing that guidance in its Press Release will stop a lot of fruitless applications. Anyone here as an illegal will not be applying given that it is clear that an application would be rejected.

So, at a stroke, the previously used path .... an illegal or rejected asylum seeker etc marrying a non-UK EEA citizen and then applying for an EEA Family Permit .... will be totally closed. Simply the marriage will not be allowed to take place in the UK.

Marriage visitor? No, I have found no other mention.

[Chess]

John,

The new rules are a wee bit unfiar. Forexample two Japannese students wanting to get married in the UK would have to fork out £270 ! whereas the plan would be to marry and head back to Tokyo without 'wanting' to change Visa status

I bet some of these rules were team rolled by Blunkett

[John]

Chess :-

I bet some of these rules were team rolled by Blunkett

That is totally clear. The provisions are part of :-

Asylum and Immigration (Treatment of Claimants, etc.) Act 2004

-: sections 19 to 25, and that received its Royal Assent on 22.07.04. David Blunkett was clearly the Home Secretary at that time.

The needed detailed regulations have been laid more recently, for example, giving the starting date on 01.02.05.

[John]

Just spotted this in the link provided by Chess at 9.57.am this morning :-

I plan to have a church wedding/religious ceremony. Do I need to apply for a certificate of approval for marriage?

If you plan to get married at an Anglican Church, you do not require a certificate of approval. You must contact a member of the clergy at the church where you plan to get married to make the appropriate arrangements.

I have only one word for that ... bizarre! Some people are bound to ask ... anyone know a friendly Church of England vicar?

I wonder how long that loophole will remain?

[journey]

Dear John / Chess, Don't you think this is an abuse of Human rights & community rights by NOT allowing person to marry in UK because of mentioned reason in the IND rules???

Confusing....... with loopholes.....

[John]

Journey .... totally agree ..... I think it is only a question of time before the legislation is attacked using Human Rights legislation ... the right to family life etc..

However, in principle, I think it is totally right that the Government has tightened the rules against sham marriages ... but totally amazed about the way they are going to operate the legislation ... blanket rejections for all who happen to be in certain categories ... it beggars belief.

Also the length of time to process applications .... weeks rather than hours or days ... why? It will be very clear whether someone falls within their acceptance or rejection criteria .... that will take seconds to work out.