Important information regarding Certificate of Approval (COA) for marriage or civil partnership applications

Following a judgment in the High Court on 10 April 2006, the Home Office suspended decisions on some Certificate of Approval applications. A further judgment considering the effect of the provisions on those here unlawfully was handed down on 16 June.

In order to comply with the judgments, the Home Office has revised the guidance for considering Certificate of Approval applications and, with immediate effect, will resume consideration of suspended applications. This guidance is interim guidance, pending the outcome of the appeal and may be changed in light of the Judgment of the Court of Appeal.
Applications from individuals who previously did not meet the criteria for a Certificate of Approval but who have valid leave to enter or remain at the time of their application will now be considered in line with revised guidance, a copy of which is attached. The Immigration Directorate Instructions (IDIs) will be amended in due course.

Applications from those individuals who do not have valid leave to enter or remain will continue to be refused unless there are exceptional compassionate circumstances for granting a Certificate of Approval.

Applicants who were previously refused and had valid leave at the time of their application can submit a request for reconsideration of their application. These requests will be considered in accordance with the revised guidance.