Marriage Rules update - Important rule changes for Non-EEA Fiancés wishing to marry in the UK

18 September 2006

Changes to the "sham marriage" immigration guidance recently introduced by IND following a judgement in Baiai at the High Court could benefit individuals with less than 3 months of valid leave to remain in the UK. Prior to the judgement, these individuals could not apply for a Certificate of Approval.

Under the previous guidance, from February 2005, only non-EEA nationals who had been granted leave to enter the UK for more than six months, with at least three months' leave remaining, would be granted a Certificate of Approval. A non-EEA national who did not fulfil these conditions was unable to marry in a civil ceremony in the UK without first returning to their country of origin to apply to re-enter as a fiancé(e). The only exception to this rule was a marriage in the Church of England.

Under the new guidance, all individuals with some valid leave to remain will now be considered for a Certificate of Approval to marry in a civil ceremony, regardless of the length of time of the initial grant of leave, or the amount of time remaining.

The guidance changes could have positive impact for a large number of people.

If you are a non-EEA national fiancé wishing to marry and require advice, please contact fastUKpermit now.