Proxy Marriage Registered Late and Refused

[raeea2]

Hi,

Please I need your advice.

I made an eea2 application in the UK as a spouse of an eea national exercising her treaty rights in the UK.

Our marriage was consummated by proxy back in my home country of Nigeria and we (eea spouse and myself) did not have to travel. I know that proxy marriages are accepted for immigration purposes if registered withing a certain period.

The problem however is that the proxy marriage certificate was registered later than the 60 days stipulated time and as such application was refused.

Please I need your advice on what to do to resolve this.

Thank you very much

[EUsmileWEallsmile]

I don't know the answer to your question, but am moving this to appropriate section, where hopefully you will get a response.

[Obie]

Well it is UKBA that assumes it is invalid, the Statutory provision(section 30) does not state that as a failure to register within 60 days , renders your customary marriage invalid.

The COI report is merely seeking to read words into the Statute.

If it was the statutory intention to render such marriage invalid for failure to register, they would have explicitly stated so.

There isa case on this, but it will appear that appellant was lucky, as there was no evidence of a requirement to register within 60 days.

Also see PROXY MARRIAGE NOW ACCEPTED IN NIGERIA

Furthermore Section 33 of the Marriage act 1964, is at variance with UKBA view. The validity of the marriage is clearly not defined by the registration.

I believe you should appeal.

[raeea2]

Thank you very much Obie.

Your explanation made a lot of sense.

I shall update you on the outcome of my appeal

Thanks so much