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.

This person will now need to show that s/he 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 who are subject to immigration control. This will include visitors, students, work permit holders, but exclude all EEA nationals (European Community countries plus Norway, Liechtenstein and Iceland, and Switzerland).

A person will qualify for a Certificate of Approval if s/he has been granted Leave to Remain in the UK for more than 6 months and s/he has at least 3 months leave remaining. The application for a Certificate of Approval can only be made by post and is not valid unless made on the appropriate Home Office form. There is a fee of £135 payable to the Home Office for processing and considering the application. It can take between 3 to 13 weeks for the Home Office to process such an application. Please note that if both parties to the marriage are subject to immigration control and qualify for Certificates of Approval, then two separate applications must be submitted with separate fees. The Certificate is valid for 3 months from the date of issue or the date when the person?s Leave to Remain expires whichever is less.

Once the Certificate of Approval 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 any Register Offices in Scotland and Northern Ireland. The choice of the Register Office will depend on the person?s address. The Certificate of Approval 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 Certificate of Approval will be required. After Notice is given the person must wait 15 days before s/he 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 Certificate of Approval is not to be confused with a grant of further Leave to Remain. The Certificate simply allows the person to give notice of his intention to marry in the UK. It is important for the person to ensure that s/he has enough Leave to Remain in the UK if s/he 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 Certificate of Approval and has given Notice to Marry.

The advice to all Mauritians who are planning to visit the UK, with a view to marry, 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 residing 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 Certificate of Approval should s/he wish to get married in the UK. However, s/he must show that s/he has at least 3 months leave remaining, or else s/he will need to extend her/his current leave as a student or work permit holder and then apply for the Certificate of Approval. If leave is not extended s/he must return to Mauritius and obtain the appropriate Entry Clearance.

<B>Kaushik RAMDHARY </B>

(Solicitor & Partner at Alan Winter Peace & Co. Solicitors)