Changes have come into effect from the 1st February 2005 for those wanting to marry in the UK and who are subject to immigration control.

It will still be possible to get married for example for a visitor but of course they will not be able to apply to remain. The visitor will have to return to their country of origin and make an application to return to the UK as a spouse.

A visitor is required to have leave to remain at the time of the application but the leave must have been granted for a period of more than 6 months and there must still remain 3 months of that leave as at the time of the marriage.

From the 1st February 2005 those who are subject to immigration control who wish to marry in the UK must fall into one of the following categories:-

1. Hold a Home Office certificate of approval

2. Hold entry clearance as a fianc or marriage visitor.

3. Be a person who has settled status in the UK.

Those who are subject to immigration control will have to give notice to marry to a designated registry office (Blackburn is one of them). Both parties will need to attend the registry office together.

Before they attend at the registry office the parties will need to obtain and then produce to the registrar the certificate of approval (marriage) which can only be obtained by post from the Home Office and for which a fee will have to be paid of £135. The Home Office of course will only grant you the certificate if you satisfy the criteria.

Once your certificate of approval has been accepted by the designated registry office the certificate of approval will be surrendered to the registrar who in turn will issue a notice to marry which will be valid for a period of 1 year. You will then be able to marry at any registry office or other approved premises. You are not limited to marry at the designated registry office.

It is important to, in particular bear in mind that this provision also applies if you plan to marry in any other form of religious ceremony you must still obtain a certificate of approval first and give notice to marry to a registrar at the designated registry office who again will then issue you with the notice before the religious marriage ceremony can take place. The only exemption to this is if you were getting married at an Anglican church you do not require the certificate of approval.

Accordingly it is important to remember that the new provisions dont just relate to civil weddings at the registry office but also applies to the religious ceremony that people go through for example at the Mosque, Temple and the like.

For further information or a friendly chat concerning all your legal matters call myself or Ibrar Hussain on 01254 672222.