Under current law individuals that are subject to immigration control who wish to marry in the UK need to apply to the UK Border Agency for a Certificate of Approval. For more details on how to apply and the requirements please click here.

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.