As previously announced on 31 July 2009 migrants who had previously applied for a Certificate of Approval between the years 2005 and 2009 were able to claim a refund of their fee for such an application. This involved demonstrating that the fee caused a real financial hardship at the time of payment; this scheme came to end on 31 July 2010.

However, since 31 July the UK Border Agency have accepted some ad hoc application requests for repayments fees of the Certificate of Approval (known as COA). It is said that the main reason for accepting such applications was to ensure that all applicants who suffered a real financial hardship due to the COA fee were given an adequate opportunity to obtain a refund of this fee.

However, please note that from 1^st December 2010, the UK Border Agency will no longer accept such applications.

If you wish to make an ad hoc application for a repay of the COA fee before the scheme ends you must use the Repayment of Certificate of Approval fee request form COAFR .

Please note that all such application forms must be sent by the 30 November 2010 to the following address:

UK Border Agency,
COA Ad Hoc Repayment Scheme,
NCC1,
Lunar House (9th floor),
40 Wellesley Road,
Croydon
CR9 2BY

It is announced that all applications requesting a repayment that are received by no later than the 30 November 2010 will be processed under the terms of the scheme. Furthermore, any applications made after the 30 November 2010 will not be accepted and will be returned without being processed. Once the scheme reaches its end no further extensions will be given.

 

 

However, the UK Government has declared its plan to end the requirement of applying for this ‘certificate of approval’. In order to achieve this plan a Remedial Order under the Human Rights Act 1998 has been laid down in Parliament.

Following court rulings it has become clear that the scheme has been weakened and therefore a no longer effective way of preventing sham marriages, as this scheme has been found to be incompatible with Article 12 of the ECHR (Article 12 is considered with this) by abolition the scheme the Government intends to remedy the incompatibility.

UK Border Agency has laid out rules that apply and can be read here.

What this means is that if you are a migrant that is subject to immigration control then the current scheme still applies to you until the scheme is abolished. Currently there is no clear set date as to when the abolition will take place however it is believed to be towards the end of 2010 or beginning of 2011, this will depending on Parliament and the process in which the Remedial Order needs to go through.

When an exact date of the ending of the scheme is reached, this will be published on the UK Border Agency website and on our website at Ergen and Sharif Immigration Specialists.

If you need any more information or assistance in obtaining a certificate of approval then contact us at Ergen & Sharif and we will happily advice and assist you.