# Abolishment of the Certificate of Approval....what does it mean?



## dis00 (Aug 15, 2010)

Hi,

So today the scheme regarding the need to get a certificate of approval was abolished but what does that mean?

I am a UK citizen and fiancee is American. We plan on getting married in the UK but reside in the States.

Does my fiancee still need a visa in order to get married?

or

Can she just come and as long as we gift notice at our registrar office we can get married?

Thanks

Dean


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## Joppa (Sep 7, 2009)

dis00 said:


> Hi,
> 
> So today the scheme regarding the need to get a certificate of approval was abolished but what does that mean?
> 
> ...


Your fiancée still needs a marriage visitor visa in order to marry in UK and leave afterwards. Abolition of COA only affects those who are or will be in UK on another visa (not as a visitor) but without indefinite leave to enter or remain.
Read UK Border Agency | Abolition of the Certificate of Approval scheme, the last paragraph.


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## dis00 (Aug 15, 2010)

Joppa said:


> Your fiancée still needs a marriage visitor visa in order to marry in UK and leave afterwards. Abolition of COA only affects those who are or will be in UK on another visa (not as a visitor) but without indefinite leave to enter or remain.
> Read UK Border Agency | Abolition of the Certificate of Approval scheme, the last paragraph.


Thanks for that.

I'm sure I've read that page a few times and never seen that.

Does this mean we can give the notice that we are getting married to our registry office or does my fiancee still need to be in the country for 7 days?

Dean


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## Joppa (Sep 7, 2009)

dis00 said:


> Thanks for that.
> 
> I'm sure I've read that page a few times and never seen that.
> 
> ...


You both have to give notice together, and your fiancée has to be in the country for 7 full days (i.e. you can give notice on the 8th day). So if she arrives on a Monday, you can give notice week on Tuesday. And it has to be one of designated register offices (if in England or Wales): 
http://www.direct.gov.uk/prod_consu.../@dg/@en/documents/digitalasset/dg_176374.pdf


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## Ukconfusesme (May 10, 2011)

*Confused as well*

Hi, I am in a similar boat. My fiance and I are engaged. I am currently finishing my doctorate in the States. I am a U.S. citizen. We want to get married next year July 2012. However, because I won't be able to travel after August to London, we wanted to give our "Notice to marry" this August, as its valid for a year, which covers us for July. I know that the certificate for approval has been abolished. I called my fiances local register office and they said the following:

1. Have to be in the country for 7 days and on the 8th day we can give notice.
2. Have to have a letter written by my hotel or by a neighbor stating i HAVE lived at my fiances place for 7-8 days.
3. Bring my password.
4. Any other important info. like birth certifiate if needed or divorce decree.

Therefore that is what is told that because COA is abolished I can go ahead and just do that this August. We are indian so we are getting married in a religious ceremony at our temple, however, we still have to register or give intent to marry. I am so confused now since we are getting married in our temple, do i STILL need to get a visa to come get married in jULY or can I just come on a vistor visa get married and go back to U.S. finish my doctorate and move to UK SEPT 2012 (which then my hubby can apply for a marriage license) once we are married. What do you guys think?? Since I am coming from the U.S. do I need to get anything else to give intent and also what process should I engaged in for my actual wedding?


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## Joppa (Sep 7, 2009)

Ukconfusesme said:


> Hi, I am in a similar boat. My fiance and I are engaged. I am currently finishing my doctorate in the States. I am a U.S. citizen. We want to get married next year July 2012. However, because I won't be able to travel after August to London, we wanted to give our "Notice to marry" this August, as its valid for a year, which covers us for July. I know that the certificate for approval has been abolished. I called my fiances local register office and they said the following:
> 
> 1. Have to be in the country for 7 days and on the 8th day we can give notice.
> 2. Have to have a letter written by my hotel or by a neighbor stating i HAVE lived at my fiances place for 7-8 days.
> ...


Your situation is very similar to the OP. You still need a marriage visitor visa, valid 6 months during which you give notice and get married. If you came a year in advance to give notice as a general visitor (no visa required for Americans), then a designated register office should refuse to accept your notice of intention. The fact that you are marrying in your temple has no bearing on the need to have a visa, or you may be refused entry at the border. There is no need to give notice a year in advance, though you should check that a registrar will be available for your wedding. This can be done when you come over in August for a visit, or your fiancé can.
After you return to the US and finish your doctorate, you should apply for a spouse settlement visa to move permanently to UK.


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## Ukconfusesme (May 10, 2011)

*I heard differently about this situation.*

I actually contacted the registra's office today. I told them I was a U.S. citizen and my whole situation about getting married next year July 2012, but trying to get the notice of intent done this AUgust, as its valid for a year. I even asked them Three times do I need a fiance visa in order to give NOTICE. This is what I was told.

Because I am an America, 

1. I have to shown residency for at least 7 days, and on the 8th day I can apply for the notice to marry.
2. I need a letter from my fiances neighbor attesting to the fact I have in fact stayed there.
3. I do NOT need a fiance visa, however, having one in my passport would NOT harm me and would make it better for me.
4. If i have been married before to bring that divorce decree.
5. Have my fiance bring his passport, a utility bill showing he lives there no later than 3 months of the notice.
6. After the notice is given, I can get married next year in the temple. She didn't indicate if I needed a marriage visa, but said I come get married in the temple. They sign it and we file it.
7. However, because I AM RETURNING to the states, and coming back as a married women later in the year to settle in the Uk, my fiance will have to file for a spousal visa.


BEAR IN MIND...this has all be given to me by his local register office. We are going to still consult a lawyer in a few days. At this point it seems easier for him to come get married to me in America, and we return and do religious wedding in london. When i am ready to move he applies for spousal ...AHH!! Anyways, I will keep you posted if this changes as per our conversation with our lawyer. However, this is the info. I got. Any comments???


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## Joppa (Sep 7, 2009)

Ukconfusesme said:


> I actually contacted the registra's office today. I told them I was a U.S. citizen and my whole situation about getting married next year July 2012, but trying to get the notice of intent done this AUgust, as its valid for a year. I even asked them Three times do I need a fiance visa in order to give NOTICE. This is what I was told.
> 
> Because I am an America,
> 
> ...


It's not the registrar who implements immigration law but the Border Agency, and it clearly states that non-EEA citizens who are coming to get married and leave afterwards need a marriage visitor visa. You may not need one just to give notice a year in advance, but why? Provided a registrar is able to attend your wedding next year, you can give notice next year shortly before your marriage - the minimum time needed is 8 days plus 15 days, so just over three weeks. It must be one of the designated register offices that deal with non-EU citizens, not necessarily your nearest. Next year, when you come over to UK to get married, you definitely need a marriage visitor visa or you may be refused entry by Border Agency.

BTW, a fiancé(e) visa isn't the same as marriage visitor visa. The former is needed if you want to settle in UK after your marriage, and the latter is for those who return home after the ceremony.


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## Ukconfusesme (May 10, 2011)

*still confused.*

Thanks Joppa, this is why I am hiring a lawyer because of all the conflicting information I am getting. I have to apply a year in advance as I am in residency and completing my doctorate. I will NOT be able to go to London between Sept 2011-July 2012 (right before my wedding), therefore, I need to give notice in advance. I don't know if I need a visa or not just to give NOTICE, but like you said I am sure I do for a wedding. I will look into this more after I speak with my lawyer and let you know what takes place. 

However, I feel him coming to the U.S. and getting married is easier (the legal) court marriage that is. We can then present that at our temple and they will do the religious ceremony for us. This way we are (1) legally married....easier and cheaper in the U.S. and (2) married religiously in the UK. 

Anyway, will keep you posted. If you find more info. let me know as well. 

Thanks.

I may end up just registering and than getting a marriage visa for the actual wedding.

Thanks


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## Monmon (Apr 22, 2011)

Joppa said:


> Your fiancée still needs a marriage visitor visa in order to marry in UK and leave afterwards. Abolition of COA only affects those who are or will be in UK on another visa (not as a visitor) but without indefinite leave to enter or remain.
> Read UK Border Agency | Abolition of the Certificate of Approval scheme, the last paragraph.


Hi Joppa, 
Im still applying for the fiancee visa, but also says on page theres no need for entry clearance? seems to contradict. Im confused...

"Changes to marriage/civil partnership requirements
From 9 May, any migrant subject to immigration control wishing to give notice to marry or register a civil partnership in the UK will no longer need:
a certificate of approval or,
an entry clearance for the purpose of marriage or registering a civil partnership or,
settled status in the UK."


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## Joppa (Sep 7, 2009)

Monmon said:


> Hi Joppa,
> Im still applying for the fiancee visa, but also says on page theres no need for entry clearance? seems to contradict. Im confused...
> 
> "Changes to marriage/civil partnership requirements
> ...


The quote only concerns those who are already in UK on some other visa who want to marry in UK but leave afterwards, to settle in another country for example. They no longer need to get COA, go home first and apply for a marriage visitor visa or wait until they gain indefinite leave to remain status.

As you intend to settle in UK afterwards, you still need to apply for your fiancé(e) visa.


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