Anyone who intends to get married in the UK and who is subject to immigration control will need to be aware of the new rules, which came into force on 01 Feb 2005. He/she will now need to show that he /she holds a valid Entry Clearance as a fiancé(e) or marriage visitor, or holds a Home Office Certificate of Approval, or be a person with permanent residence in the UK.

This rule will apply to all non-British nationals residing in the UK and subject to immigration control. This includes visitors, students, work permit holders, but exclude all EUnationals (European Community countries plus Norway, Liechtens-tein, Iceland, and Switzerland).

A person will qualify for a Certificate of Approval (COA) if he/she has been granted Leave to Remain in the UK for more than 6 months and he/she has at least 3 months leave remaining. The application can only be made by post and is not valid unless made on the appropriate Home Office form. A fee of £135 is payable to the Home Office for processing the application. This can take between 3 to 13 weeks.

If both parties to the marriage are subject to immigration control and qualify for COAs, two separate applications must be submitted with separate fees. The COA is valid for 3 months from date of issue or date when the person?s Leave to Remain expires whichever is less.

Once the COA is obtained, the person is required to give the appropriate Notice to Marry to a Registrar at one of the 76 designated Register Offices in England and Wales, or Scotland and Northern Ireland. The choice of the Register Office will depend on the person?s address. The COA must be surrendered to the Registrar when giving Notice to Marry.

This Notice is valid for one year in England and Wales and 3 months in Scotland. Hence, it is important that the marriage takes place within this time frame failing which a fresh COA will be required. After Notice is given the person must wait 15 days before he/she can marry. This is to allow the Register Office to advertise publicly on their notice board the person?s intention to marry.

Please bear in mind that a grant of a Home Office COA is not to be confused with a grant of further Leave to Remain. The COA simply allows the person to give notice of his intention to marry in the UK. It is important for the person to ensure that he/she has enough Leave to Remain in the UK if he/she wishes to marry in the UK.

Leave to Remain will not be extended by the Home Office solely for the purpose of getting married irrespective of the fact that the person has obtained a COA and has given Notice to Marry.

The advice to all Mauritians who are planning to visit the UK, with a view to marrying, is that they must obtain the appropriate Entry Clearance (visa) as a fiancé(e) or marriage visitor from the British High Commission prior to travelling to the UK. The fact that Mauritians do not require a visa to travel to the UK is irrelevant.

Any Mauritian who is in the UK as a student or work permit holder, and who has been granted Leave to Remain in the UK for more than 6 months may be entitled to apply for a COA should he/she wish to get married in the UK.

However, he/she must show that s/he has at least 3 months leave remaining, or else he/she will need to extend her/his current leave and apply for the COA. If leave is not extended he/she must return to Mauritius and obtain the appropriate Entry Clearance.

Kaushik Ramdhary is a Solicitor & Partner at Alan Winter Peace & Co. Solicitors and can be contacted on 0044 2085984040. Alan Winter Peace & Co Solicitors are also Privy Council Agents.