BIA Announcement on COA - Certificate of Approval

[jes2jes]

Important information regarding Certificate of Approval (COA) for marriage or civil partnership applications

Following a judgment in the High Court on 10 April 2006, the Home Office suspended decisions on some Certificate of Approval applications. A further judgment considering the effect of the provisions on those here unlawfully was handed down on 16 June.

In order to comply with the judgments, the Home Office has revised the guidance for considering Certificate of Approval applications and, with immediate effect, will resume consideration of suspended applications. This guidance is interim guidance, pending the outcome of the appeal and may be changed in light of the Judgment of the Court of Appeal.

Applications from individuals who previously did not meet the criteria for a Certificate of Approval but who have valid leave to enter or remain at the time of their application will now be considered in line with revised guidance. The Immigration Directorate Instructions (IDIs) will be amended in due course.

Applications from those individuals who do not have valid leave to enter or remain will continue to be refused unless there are exceptional compassionate circumstances for granting a Certificate of Approval.
Applicants who were previously refused and had valid leave at the time of their application can submit a request for reconsideration of their application. These requests will be considered in accordance with the revised guidance.

NB: Emphasis Mine

http://www.ind.homeoffice.gov.uk/aboutu ... gardingcoa

[John]

But this is not new! In particular it is totally unchanged since the Home Office lost the case in the Court of Appeal a couple of weeks ago.

So still we await an announcement from the Home Office. For example, do they intend to appeal the matter further to the House of Lords?

[jes2jes]

But this is not new! In particular it is totally unchanged since the Home Office lost the case in the Court of Appeal a couple of weeks ago.

So still we await an announcement from the Home Office. For example, do they intend to appeal the matter further to the House of Lords?

John my apologies then. In the light of reading the marriage issue on the Zambian lady and her fiance on this board, I googled the COA and this is what came up. After reading it, It sounded as if they have come up with a new guidance. Well, fingers cross they may post something soon.

[Rozen]

I was watching the Immigration & Asylum programme (Channel 215 on Sky) the other day, and the lady solicitor (Sergil, I think her name is) emphatically stated that the Certificate Of Approval (COA) has been SCRAPPED, since the recent High Court ruling! She went on to say that people can now just go ahead and register their marriages, without having to apply to the Home Office.

I find this quite hard to believe, as there is nothing confirming this on the BIA website. Can some-one confirm or refute this? There seems to be some misunderstanding over the whole issue...

[John]

Yes I saw that too, and promptly emailed the TV station saying that it is not correct. In particular we do not know whether the Home Office will appeal this further to the House of Lords.

Can someone who has a real interest in this matter, someone who wants to register a marriage and might need a CoA, phone a Register Office and see what they have to say.

[mym]

Yes I saw that too, and promptly emailed the TV station saying that it is not correct. In particular we do not know whether the Home Office will appeal this further to the House of Lords.

Can someone who has a real interest in this matter, someone who wants to register a marriage and might need a CoA, phone a Register Office and see what they have to say.

I just did, a CoA is still needed.

You *can* of course, because of the court case, apply for one if you have a visa of less than 6 months validity - though "it takes a long time" so it's not a very sensible approach compared to applying for a Fiancé/Prospective Civil Partner visa from outside the UK..

[John]

I have spotted that the BIA have now altered their document concerning CoAs. Go to this BIA webpage, and in particular read from 3.5.

There you will read :-

The Home Office is in the process of petitioning the House of Lords for permission to appeal against the Court of Appeal judgement.

-: and lots more information.

[mym]

I have spotted that the BIA have now altered their document concerning CoAs. Go to this BIA webpage, and in particular read from 3.5.

There you will read :-

The Home Office is in the process of petitioning the House of Lords for permission to appeal against the Court of Appeal judgement.

-: and lots more information.

Not all of it correct.

You'd have thought they would have corrected

"A fee, currently £260, is payable for a fiancé(e) or proposed civil partner visa."

by now, since the price went up to £500 in April.

[John]

Nicely spotted Mark! Come on BIA get your act together!

Maybe, just maybe, the new Home Secretary, and a new Immigration Minister(?) might just start to get this right! (I write this before any details of the new Ministerial positions start to emerge.)