Tying the knot in England

Dear Mr Bassie,

I will be travelling to England in a short while. My boyfriend lives in England and we plan to get married. He told me when I arrive in the country, we will need to get a certificate of approval.

Could you please explain this certificate of approval for marriage?

T.F.

Dear T.F.,

Congratulations to you and your boyfriend.

I am unsure what your immigration status will be when you arrive in the UK. However, if you plan to get married in the UK and you are subjected to immigration control while you are there, you then may need to apply for a certificate of approval

There are certain rules that will need to be adhered to if you are applying for a certificate of approval. However, the rules on certificate of approval would not apply to you if:

you are a British citizen, or;

you are a national of a country in the European Economic Area (EEA), or;

you are the family member of an EEA national and have right of residence in the UK but are not yourself an EEA national, or;

you have in your passport a certificate of entitlement giving you right of abode in the UK, or;

you are not subject to immigration control.

Get approval

Since you are going to the UK from overseas to get married, before you can give a Registrar notice to marry, you must have in your passport a fiancée entry clearance or a marriage visitor entry clearance. However, if your case was you were already in the UK, before giving a Registrar notice to marry or register your civil partnership, you would have had to have settled status in the UK or have obtained a certificate of approval.

In event, even if you were already in the UK, or overseas, as in your case, you would need to give a Registrar at a designated Registry Office notice to marry. If you are applying for a certificate of approval in the UK, you will need to complete the application form for a certificate. Furthermore, it is not possible to apply for a certificate of approval if you are outside the UK. You should be aware there has been some recent changes and if you are in doubt then you should read 'Important information regarding certificate of approval for marriage or civil partnership applications' published by the UK Border Agency.

I hope that this may assist you in your marriage plans.

John S. Bassie is a barrister/attorney-at-law who practises in Jamaica. He is a Supreme Court-appointed mediator and a fellow of the Chartered Institute of Arbitrators. Email: lawbassie@yahoo.com or editor@gleanerjm.com.