The UK Border Agency has announced its intention to abolish the "certificate of approval" scheme by late 2010 or early 2011. Under this scheme, any migrant living in the UK who is subject to immigration control is currently obliged to apply for a certificate of approval prior to getting married or registering a civil partnership in the UK (with the exception of marriage in the Anglican Church).
In taking this step, the UK government is seeking to remedy a declaration of incompatibility of the scheme with the European Convention on Human Rights made by the UK courts. In Baiai and others the High Court ruled that the "certificate of approval" scheme under the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 was incompatible with the freedom from discrimination under Article 14 of the ECHR in conjunction with the right to marry under Article 12. The scheme was found to be discriminatory as marriages conducted in an Anglican religious ceremony did not require a certificate of approval. Please click here to view the Court of Appeal decision. Please click here to view the House of Lords decision. Please click here to view the press release of the UK Home Office.
This announcement comes in times of controversy here over so-called "sham marriages". As outlined in the last edition of the PILA Bulletin the Irish government repealed its June 2010 policy which restricted access to employment for family members of EU citizens, a tactic seen by many as attempting to target "sham" marriages. The Civil Registration Act 2004 outlines that a couple must give three months' notice before they can get married. The Immigration, Residence and Protection Bill 2010 defines a "marriage of convenience" under section 138 and allows the Minister for Justice Dermot Ahern to ignore such a ceremony in determining any immigration matter.
Meanwhile the Immigrant Council of Ireland (ICI) has warned the Irish government against making any assumptions about the legitimacy of a marriage solely because of the nationality or immigration status of a person. ICI stated that attempts by the government to prevent marriages of convenience is resulting in a stigmatisation of migrants in genuine, loving relationships.
To view the ICI Blog discussing this topic, please click here.