THE LAW, IMMIGRATION AND YOU
By: Dr. David Akin-Samuels PhD
Immigration, Law/Business Adviser

SHOULD WE GO HOME...AND GET MARRIED?

In examining the Human Rights Act 1998, article 12 states that “Men and woman of marriageable age have the right to marry and found a family, according to the national laws governing the exercise of this right”. On the other hand Article 14 states that “The enjoyment of the rights and freedom set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status”. The problem with Article 12 seems clear when it states that your right to marry is vested in the national laws governing the exercise of that right to marry.

In the United Kingdom, this loophole has been exploited through the introduction of COA (Certificate of Approval) which clearly states that you must obtain such Certificate from the Secretary of State before you can get married, albeit, this is applicable to those who entered the United Kingdom with less than one year visa, which means if you entered the United Kingdom with visiting visa i.e. 6 months visa, you will not be able to apply for the Certificate of Approval. Can this then be said to be discriminatory in accordance with Article 14? Or is it question of give and take? The Human Rights Act gives you the right to marry. However, this is your inherited fundamental right and you do not need to be given such rights through any law, nevertheless be restricted to the National Law. Spelling out these inherited rights and qualifying it, to me, is a way of saying we can give you food but you must ensure you do not eat it where you like!. However, as a law abiding citizen, we must all abide by the law of the nation, in this, I am saying the Immigration Law in the United Kingdom. You are not restricted from getting married provided you are qualified under the Immigration Law to do so, i.e. you are in this country as a Student and your status clearly state so, furthermore, you make your application to the Home Office for Certificate of Approval when you still have at least 3 months left on your visa and you are not attempting to get marry simply because you have now decided that enough is enough and you do not want to apply to the Home Office any more for an extension of stay as a student in the United Kingdom. 

If you intend to apply for the Certificate of Approval to marry a British Citizen, provided you are qualified to do so and you pay the £135.00 fee (Plus any legal cost) then you may be granted such approval which must then be taken to a designated Registry office for you to get married. Once you are married then you will need to send another application form to the Secretary of State for recognition of your marriage and a change of status This is known as FLR (M) i.e. Further Leave to Remain as a Married Person. Once granted, you will then be given a discretionary leave to remain for 2 years during which period you may not be allowed to work or indeed resort to any form of public funding,. It is after the second year that you can now submit an application for an indefinite leave to remain i.e. SET (M) – Settlement as a married person. You can now see that the right to marry under article 12 is actually restricted by the national law. 

On another hand, let us assume that you are here as a visitor and you have met someone who has been in the United Kingdom for the past 4 years. You know him from your country and you were boyfriend and girlfriend before he came to the United Kingdom 4 years ago. As soon as you see him, you fall in love with him all over again. You are both adults; you have the inheritance right to marry. Your parents have no problem whatsoever. The courtship is made in Ghana and approved by your parents in the sight of God. You want to get married in the United Kingdom, but, on a second thought; you do not know your lover’s immigration status. How would you go about finding out without offending him?. Afterwards, he has been in the United Kingdom longer than yourself. He knows all the Bus Routes. He has become a London Underground A-Z. He has been able to secure you a cleaning job with one of the companies he works with,. He has a room rented in his name and you now live with him. His marriage promise is as strong as ever. He has taken you to various African Restaurants, and fast food joints in and around London. Would you then start questioning him about his immigration status?. If you do, he will have to do one or two things, either he will tell you to sling your hook or he will lie to you that everything is alright, don’t worry, God is in control and in most cases you will accept such replies with humility. Hey! The best thing to do is to ask him if you can both see an Immigration Lawyer/Practitioner so that you may both sort out the National Law i.e. Immigration Law that may cause problems for both of you and affect your status in the United Kingdom. Remember, it is better to pay consultation fee to a lawyer than to be contacted by the Immigration Officers early one morning!!!!.

If at the end it is found out that he has no legal standing i.e. Immigration Status in the United Kingdom, you will find it almost impossible to marry him in accordance with the Law in the United Kingdom. (You must have a right to remain in the United Kingdom in a capacity other than a visitor to get married), otherwise, you are both clearly and illegal entrants who could be arrested, detained and administratively removed from the United Kingdom. If on the other hand he has a status, say for instance he has been granted an Indefinite Leave to remain in the United Kingdom for one reason or the other, and you are in the United Kingdom as a visitor, you will not be qualified to apply for a Certificate of Approval hence – YOU WILL NEED TO GO BACK HOME TO GET MARRIED – and then make an application on VAF II to return to the United Kingdom with your husband or wife. It is simple, straight forward and easy – if the love is there?

Excuse me? – When I was coming to the United Kingdom, my parents sold our land and borrowed money to send me to the United Kingdom and I need to work and help them out in paying for such bills. Be warned!!, you will be in the United Kingdom as an Illegal Entrant and it matters not who or what was sold to send you to the United Kingdom.; you could be removed and if that happens you will not be able to marry him easily, unless he decides to come back home for the wedding even then, there could be problems when applying to come to the United Kingdom,. At the end of the day, you are better off taking the easy option of agreeing to go back to your country and get married and then make the necessary application in accordance with the National Law. This is not discriminatory in the sense that the law has not personally targeted you and the law is applicable to everyone irrespective of your gender, race, religion, nationality or sex. 

Finally, we can always help ourselves, by ensuring that we understand the National Law relating to our existence in any foreign country especially in the United Kingdom and if you are not sure, please contact the writer of this article via African Echo Newpaper. 

Good luck!!.