Certificate of Approval to be abolished
On 1st April 2011, the UK Border Agency announced the proposed date to abolish the certificate of approval scheme otherwise known as COA. The scheme will end on 9th May 2011 subject to Parliament approval. All migrants currently who are subject to immigration control will still have to apply for a COA in order to register their marriage in the UK unless they are getting married in the Anglican Church in which case a COA is not required.
The change is due to the decision in UK courts (in the case of Baiai) which held that the COA scheme is incompatible with Article 14 (prohibition on discrimination) of the European Convention of Human Rights read in conjunction with Article 12 (right to marry). Following the case, the UKBA accepted that the COA scheme was no longer an appropriate or efficient mechanism to prevent sham marriages which was the purpose of the COA in the first place.
The Parliament is processing the abolition of the COA scheme using a Remedial Order under the 1998 Human Rights Act. The process is expected to be completed very soon. The UKBA will continue to consider applications made until the scheme is abolished.
Migrants, who have applied or apply for a COA and subsequently wish to withdraw, can do so by writing to the following person at UKBA; Ms. M Wilkes, 9th Floor, Lunar House, 40 Wellesley Road, Croydon CR9 2BY. The UKBA will commence returning application to migrants once the scheme is formally abolished on 9th May 2011. They may retain documents for the purposes of taking enforcement action against those unlawfully present in the UK. Notification of this will be given to those applicants.
Migrants will still be required to give notice of intention to get married to the Registry after the scheme is abolished as is required.
April 2011