Under British law, a foreigner who marries a resident of the European Union is generally allowed to stay in Britain. Today's London Telegraph reports that bishops of the Church of England have issued confidential guidelines to try to cut down on the number of bogus marriages performed by Anglican priests at the behest of immigrants who are merely trying to obtain British residency. Traditionally, in order to prevent marriages of convenience, British law has required all foreign nationals from outside the European Union to obtain a Home Office certificate of approval to marry in a register office. However no government certificate is required for marriages performed by the Church of England. Church leaders believe that, despite warnings, many priests are being duped into performing marriages of convenience.
Meanwhile the issue was complicated last month when the House of Lords issued a decision in R (on the application of Baiai and others) v. Secretary of State for the Home Department, (House of Lords, July 30, 2008) holding that the licensing rules that led to automatic denial of Home Office approval for immigrants whose visas were about to expire or who were not legally in the country are invalid. The Law Lords held that these overbroad rules violate Section 12 of the European Convention on Human rights that protects the right to marry. That decision was covered by the July 30 London Daily Mail. (See prior related posting.)
