Certificate of Approval to marry in UK

[Yas]

Hi

My husband and I are currently applying for a Certificate of Approval to marry in the UK and wondered if anyone had been through the process and has any information?

We're using a lawyer as my husband has overstayed his Visa to remain in the UK, so it's not exactly a straight forward case. I'm Aussie (but have Irish citizenship) so our understanding is that once we get approval to marry legally in the UK he can then apply for Leave to Remain as an EU family member.

FYI - We were married in an Islamic ceremony here in the UK that isnt legally recognised - and have been together for nearly 3 years now.

I would love to hear any comments or advice if anyone has been through the process.

[Felicity]

be really careful when doing this, they can't refuse him but they can send the ukba on your wedding day to the registrar and lift him. If you go onto youtube there is an episode where they do this in uk border force. It is always advised by lawyers that overstayers should apply from their home country.

[Tizi]

Salaams...I agree with Felicity...this can be a tortuous route to go. I understand that there is some recent case law which could be relied upon but its by no means straightforward nor can you be sure of success [are you paying for your legal advice? If you are, be prepared to pay a lot and for the possibility that you might not succeed].... you would be in a much better position if he returned to Algeria and he applied to return on a fiance visa [that's if you can't / don't go to Algeria with him and get married there - in those circumstances he could apply to return to the UK on a spouse visa]. If you did this it would regularise his status much more quickly.

[left2000]

Salam,

I think you should try and apply from the UK because there is a lready a system in place where those overstayers can get married without having to go back to their home country. Please check the following link for information and you can download the application form for Certificate of approval for marriage or civil partnership in the United Kingdom:

UK Border Agency | Certificate of approval for marriage or civil partnership in the United Kingdom

Additionally your husband needs to do a test of English to that is recognised by UKBA and it's to apply for spouse visa.

Feel free to email back if you need any more details.

Good luck

[Yas]

Hi All.

Just an update.

The Certificate of Approval Scheme ceased in May 2011.

This meant that my husband and I were able to marry legally in the UK, without him having to return to Algeria.
We needed to submit a notice of intent at our local council. Luckily my husband had his Algerian passport and ID cards for Proof of ID. We were also able to add his name to our Utilities bills, so that helped as proof of address.

Following that we were able to marry at the registry office (a small affair as we'd already married in an Islamic ceremony 3 years ago).

The next step was to submit our marriage certificate, my Passport (Irish) and proof that i am working in the UK and exercising my treaty rights as an EU citizen. (The process would have been different if i were a British Citizen) and apply to the UKBA for an EEA Family Member permit. So essentially a permit that states that i am a EU citizen, living in the UK and my husband (who i am married to legally under EU law) has a right to remain with me.

We were married in July and submitted our documents to the UKBA on 1st August (the application is free although we did consult a lawyer). Just this weekend (7 weeks after we applied) my husband received a letter from the Home Office advising that he is now able to work and remain legally in the UK and his residence card will be sent sometime within the next 6 months.

For anyone else in a similar situation, it is possible for your husband (even if an overstayer) to remain in the UK with you while you apply. EU is quite clear on this and your right to have your husband remain with you is almost absolute (almost, not 100%).

We sought legal advice but the application process is quite straight forward and the applications are free. You will also receive a residence card for yourself (as an EU citizen) which could be useful down the track.

We're at the point now where my husband is able to remain and work legally here in the UK and is awaiting a new Algerian passport and UK residence card. The entire process (from legal marriage to now) has been about 2.5 months. Inshallah soon we'll be able to visit his family in Algeria together, (i've been to Algeria to meet family, but not with my husband).

[Yas]

Just another update for anyone interested.

My husband received his EU Family Member residence card on 11th October.
His Passport and other ID documents were returned right away.
We'd contacted the UKBA to return his passport urgently so he could apply for NIN etc. We were expecting his Passport to be returned but they sent his residence card and all ID at the same time. Not sure if it was a coincidence or if our request for urgent return of Passport had something to do with it.
The entire process, from submitting documents on 1st August 2011 took about 2.5 months and was free.
We consulted a lawyer just in case but in hindsight we prob didnt need to bother.
My husband is now in Algiers visiting family for Eid after being away for 10 years!
He now has the same rights as an EU citizen in terms of residence, entitlement to work etc.
I've had quite a bit of contact with the UKBA during the process, to request urgent return of passport and to check information. To be honest i've found them extremely helpful and they have always given out correct information.
They've responded to emails within 24 hours, often by callling us back rather than emailing.
We've found the staff to be excellent and really helpful and to be honest i was expecting them to be disorganised and too busy to be helpful.
Our experiences since then with setting up National Insurance Number etc has been less pleasant but you can't have everything i guess