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

GETTING MARRIED IN BRITAIN

Sorry folks, I have been away for some time, but then there had been so many changes in Immigration law, fundamentally regarding getting married in the United Kingdom and indeed staying in the United Kingdom in general. I now intend to examine one or two aspects of what has been going on since I last wrote to you.

Let us first and foremost examine the issue of getting married in the United Kingdom. Initially and I think by now we all know that if your are a visitor to the United Kingdom you are no longer allowed to get married - it simply means that, you need to have more than 6 months visa to be eligible to apply for what is now known as COA (Certificate of Approval) this is where you need to apply to the secretary of State that you intend to get married. In a nut shell, this simply eliminates all visitors and again it does not mean that you will be allowed to stay in the United Kingdom automatically. Once you receive your certificate of Approval, you will need to go to a specially designated Registry Office where you can then get married. Once married you will then need to apply using form FLR(M) (Further Leave to remain as a Married person, again, you will need to satisfy the immigration rules for your application to be considered, however, if it is refused at this stage, you will be giving the opportunity to appeal - another process to be discussed in the next publication.

I know this may be old news, but what about taking an examination before you are allowed to become British Citizen?

This is, perhaps the most revolutionary in the British immigration System, you will need to understand British culture, speak English, write in English and actually know which bus runs between Sratford and Oxford Street. In some cases you will need to know who the last Prime Minister was. Indeed, you will need to show this in a form of a certificate and colleges are now establishing for this purposes.

Question I ask myself is what become of the EEC Nationals who are unable to speak in English or indeed write in English? This may sound off-key, yes, I agree, if you are coming to my house, you should be able to communicate with me without problems and once you are a member of my household then I do not need to ask how to communicate or indeed understand my language. Who then are these laws made for? 

Well, it is debatable and this is not the right forum to start such discussions.

May I, with your permission, give a typical example of another problem currently being faced by the immigrants?

Here come a client who want his mother who is now 62 years old to come to the United Kingdom as his dependant, he has been sending money to his mother for the past 6 years in, he as a British citizen is married and recently bought his house, all be it, on mortgage. He is very keen for his mother to meet with the grandchildren; he submitted a VAFII application in Accra for the mother to come to the United Kingdom… What happened she was refused by the ECO (Entry Clearance Office) because the mother is not and has not been living under exceptional compassionate circumstances - this is a buzz word for saying the mother is not poor enough to be allowed in the United Kingdom. - She is allowed to appeal the refusal as a family member under article 8 (Right to Private and family life) (this is Human Rights Act 1998).

In this circumstances, I will sincerely advise anyone trying to bring the loved ones to the United Kingdom not to do it yourself - contact an immigration lawyer, who will provide you advice on the best way and the sort of documentation required of you to be able to bring your loved one to the United Kingdom, it is important as mistakes are made on various aspects from filling the application to going for the interview. You will be most advised on various aspects of rules and regulations concerning bringing loved ones or inviting loved ones to the United Kingdom.

In the next issue I will be examining other aspects of coming and staying in the United Kingdom taking into consideration various changes in Immigration Law.

Should you require any other advice or information contact African echo and you will be linked to the right Immigration Lawyer.