Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Court of Appeal Ruling - COA infringes human rights

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé/e | Ancestry

Moderators: Casa, push, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, Administrator

Kayalami
Diamond Member
Posts: 1811
Joined: Wed Oct 30, 2002 1:01 am

Court of Appeal Ruling - COA infringes human rights

Post by Kayalami » Wed May 23, 2007 10:42 pm

The Court of Appeal has ruled that the COA process infringes on human rights as it effectively labels the marriage process thereof as potentially sham without any conclusive proof of such. I expect the Home Office to either scrap the COA scheme or implement it for all marriages no later than the 3rd quarter of 2007. If the former the lost revenue will act as an incentive to increase fees across the board even higher than I initially expect in the 1st quarter of 2008 pursuant to the commencement of the new points scheme.

John
Moderator
Posts: 12319
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England

Post by John » Thu May 24, 2007 8:35 am

Kayalami, great to see your post. I hope you are well.

I keep looking on the BIA website but as yet there is no official reaction or revised plans or rules relating to CoAs. But they cannot simply ignore the judgement so something must appear sometime.

The comment at the moment must be ... don't apply now for a CoA .... until the revised BIA position becomes clear.
John

Chess
Diamond Member
Posts: 1855
Joined: Fri Nov 07, 2003 1:01 am

Post by Chess » Thu May 24, 2007 5:39 pm

Nice to have you back - Kaya :D
Where there is a will there is a way.

vinny
Moderator
Posts: 28470
Joined: Tue Sep 25, 2007 7:58 pm

Post by vinny » Thu Jul 31, 2008 12:46 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

shandave2001
Junior Member
Posts: 67
Joined: Tue Dec 23, 2008 4:56 am
Location: London

Certficate of Approval for Marriage

Post by shandave2001 » Thu Dec 25, 2008 10:23 pm

Vinny

U contribute enormously in regard to current law and I commend ur Legal Research skills.

Any update on "Certificate of Approval for Marriage" requiremt's affect on overtstrayer/illegal Non EEA member who want to maary a EEA qualified person.? As the threat of deportation proceedins is continue on Home Office's website.

vinny
Moderator
Posts: 28470
Joined: Tue Sep 25, 2007 7:58 pm

Post by vinny » Thu Apr 09, 2009 1:51 pm

COAs are now free.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

shandave2001
Junior Member
Posts: 67
Joined: Tue Dec 23, 2008 4:56 am
Location: London

Post by shandave2001 » Thu Apr 09, 2009 4:40 pm

Thank you Vinny, it is a good devlopment.

There is wait when HO will take into account full judgement of Baiai, for example, Church of England still having privilidge.

saba85
Junior Member
Posts: 56
Joined: Tue Jan 27, 2009 3:39 pm

Post by saba85 » Thu Apr 30, 2009 11:37 am

is it possible to apply for COA while my passport is with home office for psw

Jim_AFCB
Newly Registered
Posts: 3
Joined: Mon Jul 27, 2009 6:27 pm

Post by Jim_AFCB » Mon Jul 27, 2009 6:55 pm

Does anyone know if there has been a decision made by the Home Office regarding those who have already paid for a COA (Feb 2008 in our case) and might be entitled to a refund?

hamid84
Member of Standing
Posts: 350
Joined: Sun Mar 02, 2008 6:12 pm
Location: West Midlands

Post by hamid84 » Tue Aug 11, 2009 10:16 am

Arrived UK in Dec 2000, Received ILR Oct 2008, Citizenship Approved March 2016.

Jim_AFCB
Newly Registered
Posts: 3
Joined: Mon Jul 27, 2009 6:27 pm

Post by Jim_AFCB » Wed Aug 12, 2009 8:49 pm

Thanks for that - hadn't seen that.

Sadly it doesnt help me - I don't qualify as I didnt suffer 'exceptional hardship'.

Still had to fork out 300 quid I couldn't really afford, what with a wedding to pay for.

Robbing bar-stewards... :evil:

datuchi
BANNED
Posts: 225
Joined: Fri Feb 20, 2009 12:42 pm
Location: NW London

Post by datuchi » Thu Aug 13, 2009 12:27 am

HO are smartish, I luv them. Who can technically apply for a refund- noone cause everyone was either on student, work or other visas which require one to be self sufficient, I really luv the HOs they r the real HOs :) sneaky little fcukers hahaha

ginoT
Member
Posts: 137
Joined: Sat Apr 18, 2009 9:02 am

Post by ginoT » Mon Nov 02, 2009 9:56 am

Well, if it's any consolation once I'm done with the JR process that I'm in, I'll apply for this even though I cannot prove "exceptional hardship" and if they refuse I'm mounting a civil claim against them in the same way you'd do for bank charges

flyhoney
Newly Registered
Posts: 13
Joined: Tue Dec 08, 2009 10:12 pm

Post by flyhoney » Wed Dec 30, 2009 7:13 pm

hey ginoT,
i'm in the same boat. selfsufficient, no financial hardship. but duh, 300 is not nothing. so i was thinking to apply anyway.
did you apply already? got your money back? our COA was also 2 weeks delayed and we sent email complaint to ho before receiving it.
does anyone know if this would count as some sort of reason to why they should refund the fee???

ginoT
Member
Posts: 137
Joined: Sat Apr 18, 2009 9:02 am

Post by ginoT » Mon Jan 04, 2010 9:32 am

I haven't applied just yet. The reason is I'm taking the HO to a JR and my barrister (a top London barrister working at Cherie Booth's law firm) has recently confirmed the COA scheme is unlawful in light of the Balai ruling and was especially so in requesting moneys from me. This is going to form part of my JR. I'll confirm more as soon as I can.

mykebolton
Newly Registered
Posts: 5
Joined: Fri Jan 08, 2010 8:16 am

COA

Post by mykebolton » Fri Jan 08, 2010 9:03 am

What I will advice anyone planning to marry is not to waste time applying for COA again,particularly if you still have some minus against your immigration status.....Its easier and better if you just go through the church of england route..the worst required of you is a licence which you get for £75 and its posted first class to you....so you'll get it next day after seeing the registrar...the good thing is your marriage entitles you to a green style marriage certificate which is the same as what you'll get from the registry...it amazes me that if you even ring the registry after some weeks of your wedding in the church of england they hold a register of your wedding already...this is always passed to the same registry you are applying to the home office to get marriage approval.....if you insist on registry,you can arrange after your marriage in COE to renew your vows in the registry rather than going through stress and delays with HO....................CAPOOT.

junkymotown
Newly Registered
Posts: 7
Joined: Tue Jan 19, 2010 4:05 pm

Post by junkymotown » Fri Jan 22, 2010 9:33 am

Good luck getting the COA fee refunded...

They will not refund anyone who had a visa that required them to be self-sufficient/self-supporting.

Despite more than meeting the financial hardship criteria, our refund was denied, as my wife was on a student visa when she applied for the COA, thus is automatically deemed as being self-suffient, therefore expected to pay the fee.

phicus
Newly Registered
Posts: 3
Joined: Tue Jan 26, 2010 1:24 pm

Post by phicus » Tue Jan 26, 2010 1:27 pm

That is so unfair. Both my wife and i were on a student visa and had to pay 295 each.

I understand that students are legally required to provide for themselves, but paying an unecessary fee for an unecessary piece of paper is not providing for yourself!

I'm required to have enough for my school fees, and for every day life. Paying 300 just to get a permission to get married because i'm foreign does definitely not fall into that category! Makes me so angry, they've made so much money on us.

junkymotown
Newly Registered
Posts: 7
Joined: Tue Jan 19, 2010 4:05 pm

Post by junkymotown » Tue Jan 26, 2010 1:41 pm

£820/£1020 for an Indefinite Leave to Remain visa makes me more angry...

Especially as it was free before 2003!

ElenaW
Diamond Member
Posts: 1525
Joined: Wed Oct 07, 2009 10:14 am
Location: Back and forth between California and Norwich :D

Post by ElenaW » Tue Jan 26, 2010 2:05 pm

phicus wrote:That is so unfair. Both my wife and i were on a student visa and had to pay 295 each.

I understand that students are legally required to provide for themselves, but paying an unecessary fee for an unecessary piece of paper is not providing for yourself!

I'm required to have enough for my school fees, and for every day life. Paying 300 just to get a permission to get married because i'm foreign does definitely not fall into that category! Makes me so angry, they've made so much money on us.
As a student I totally get where you're coming from. Any money to a student is a lot of money(especially considering the amount of international tuition fees we pay), even though we are technically self sufficient. When I got married however, I had no desire to get married in the uk (too cold, can't have a beach weddin, too many restrictions) so we got married in my dream place in the caribean instead :).
I tell it like it is.

Locked
cron