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Proxy marriages is where intended bride and groom being united but not physical present at the ceremony, most cases represented by other persons and is essentially less complicated style of marriage.

Marriages by proxy in the United Kingdom

Marriages by proxy in the United Kingdom are not recognized under the law of England and Wales. However, the United Kingdom recognizes marriages as if they are valid under the domestic law of the country in which they take place, provided they have been executed properly.

In the light of (CB Brazil [2008] UKIT00080)

“That marriages by proxy which take place in the United Kingdom are not recognized under the law of England and Wales. However, that the United Kingdom recognizes marriages as if they are valid under the domestic law of the country in which they take place, provided they have been executed properly”

Which effectively lead to following

(a) the marriage was performed, and any other necessary steps were taken so that it satisfies the law of the country in which it took place

(b) the parties had ‘capacity’ to marry under the law of each of their ‘domiciles’

(c) evidence has been provided to support the validity of the proxy marriage, for example a valid marriage certificate; a letter (or other evidence) from a registrar or government authority from the country in which the marriage was contracted confirming that it was registered properly.

In the context of UK Immigration law, the question arises clearly in respect of applications for entry clearance to the UK. The burden of proof rests with the applicant to exhibit the authenticity of the marriage an impartial and reliable evidence about recognition of the marriage must be provided, ordinary assertions as to the law of the countries will be insufficient to discharge the burden of proof.

KASH LEGAL SERVCIES YOUR TRUSTED LEGAL SERVICES Specialized in UK Immigration law

When making application for leave to entre or remain, applicant must produce specified documentary evidence that prescribed minimum gross annual income is available. To satisfy this the applicant must meet the level of financial requirement applicable to applicant and the permitted source of that income or saving and the time period in accordance with the immigration rules, all this must be supported by documentary evidence. Off course not all financial resources count excepts as follows. (a) Income of the partner from specified employment or self-employment, this can include specified employment or self-employment overseas and in the UK in respect of partner returning to the UK with applicant

(a) Income of the partner from specified employment or self-employment, this can include specified employment or self-employment overseas and in the UK in respect of partner returning to the UK with applicant.

(b) Specified pension income of the applicant and partner

(c) Any specified maternity allowance or bereavement benefits received by partner in the UK.

(d) Other specified income of the applicant and partner.

(e) Specified saving of the applicant and partner.

website; ww.kashlegalservices.co.uk Tel 01143279654; Email info@kashlegalervices.co.uk

Significant new guidance from Home office, Children can now apply for a waiver of citizenship fees where unaffordable, Open from 16 June 2022, Subject to “Affordability test “ in accordance with Home Office Guidance, under 18s can apply to have the £1,012 fee on application for registration waived.

All visitors to the UK must meet the general entry validity and suitability requirement set out in the (Appendix V) Visitor to immigration rules.

What is Genuineness and Credibility.

The applicant must be a genuine visitor, meaning that he/she is genuinely seeking entry for the purpose permitted by the rules and will leave the UK at the end of their visit. The applicant will not live in the UK for extended period, will not make frequent and successive visits or establish the UK as their main home. Further the applicant will not undertake any prohibited activities.

What is Maintenance and accommodation?

An applicant must have sufficient funds to cover all reasonable cost in relation to his/her visit without working or accessing public funds. This includes accommodation, the cost of return or onward journey, any causal costs related to dependence, and the cost of any planned activities such as private medical treatment.

Can I rely on Third party assistance?

The applicant can rely on third party support if they have a genuine or professional relationship with the visitor.

What are the Prohibited activities?

An applicant must not intend to work in the UK. This includes taking formal employment in the UK, doing work for an organisation or business within the UK, or establishing and/or running a business.

What are permitted activities:

Visitors are allowed to do following activities; tourism and leisure, volunteering, general business activities, legal activities, as well as matters relating to religion, sport, work related training, study, medical treatment, organ donation etc..

Marriage and civil partnership visitors:

A person may enter the UK in order to marry or enter a civil partnership provided, of course, that the couple do not intend to stay in the UK after the marriage or civil partnership ceremony.

If the couple wish to remain in the UK permanently, the applicant should apply as fiancés or civil partner.

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eVisa rollout begins with immigration documents replaced by 2025 The UK government has initiated the rollout of eVisas, a digital proof of immigration status, which will replace physical immigration documents like Biometric Residence Permits (BRPs) by 2025. Starting from April 17, 2024, the Home Office has begun sending emails to all those with physical immigration documents, inviting them to create a UK Visas and Immigration (UKVI) account to access their eVisa. The process will open to anyone in the UK who holds physical immigration documents in summer 2024. eVisas are central to making the UK border safer by reducing the risk of fraud, loss, and abuse of physical documents, thereby strengthening border security. This move to eVisas is in line with other countries that have replaced or are planning to replace their physical immigration documents with digital forms of immigration status. Creating a UKVI account to access an eVisa is free, straightforward, and will not change, impact, or remove customers’ current immigration status or their rights in the UK. eVisas are secure and cannot be lost, stolen, or tampered with, unlike physical documents. They can be accessed anywhere and in real-time, putting customers in control of their own data and allowing them to swiftly update the Home Office with new contact or passport details. People checking immigration status will be able to conduct one quick and simple check using a secure online service on GOV.UK. Selected public bodies are already able to access immigration status to determine eligibility for public services automatically through system-to-system checks. Physical immigration documents will be gradually phased out by 2025, as the UK transitions to a fully digital border and immigration system for new and existing customers. This will deliver enhanced security and cost savings for the UK public and greater convenience for customers and status checkers. Customers who already have an eVisa should tell the Home Office about any passport on which they intend to travel using the online Update your UK Visas and Immigration account details service on GOV.UK, if this is not already linked to their account, to avoid delays when traveling. The move to eVisas is a significant step towards modernising the UK’s border and immigration system, providing greater convenience and flexibility to residents and public bodies. .At Kash Legal Services, we recognize the transformative potential of this evolution and remain committed to supporting clients in navigating the complexities of immigration law amidst this digital transition.

Spouse visaUK – The new family immigration  Spouse visa rules in the UK have raised concerns about the separation of couples who wish to reunite in the country. As of April 11th, 2024, anyone applying for a visa to bring a loved one from overseas must earn at least £29,000 per year, a significant increase from the previous minimum income requirement of £18,600. This change will make it much harder for low-income families to reunite, potentially leading to separation and hardship. The new  Spouse visa rules apply to the spouse already living in the UK, and the minimum income requirement will increase further to £38,700 by next spring. This is significantly higher than the average salary in the UK, which is around £27,000 per year.

The UK’s ranking for ease of family reunion has also dropped, with the country now second from bottom among 56 countries, according to the Migrant Integration Policy Index. This highlights the challenges that families face when trying to reunite in the UK. The Home Office has defended the new  Spouse visa rules, stating that they are necessary to reduce net migration and prevent abuse of the system. However, critics argue that the rules are too restrictive and discriminatory, particularly towards low-income families and women. The new rules will have a significant impact on families living in the UK and abroad, who may be separated by the introduction of the minimum salary level. It is essential that the government considers the impact of these rules on families and takes steps to ensure that they are not unnecessarily separated. To conclude, the new family immigration visa rules in the UK are causing concern for families who want to reunite. The significant increase in the minimum salary requirement for  Spouse visa will make it much harder for low-income families to reunite, potentially leading to separation and hardship. The government must consider the impact of these rules on families and take steps to ensure that they are not unnecessarily separated. At Kash Legal Services, as UK immigration lawyers, we are dedicated to advocating for the rights of families affected by these regulations..

Requirements for a Hong Kong BN(O) Status Holder Visa

To get a Hong Kong BN(O) Status Holder Visa, you need to show that:

• You are at least 18 years old
• You are a British National (Overseas) under the Hong Kong (British Nationality) Order 1986
• You live in Hong Kong or the UK
• You can support yourself in the UK for at least six months
• Your application meets all the rules
• You have a valid TB certificate if needed

BN(O) Status Holder Requirement

To qualify for a Hong Kong BN(O) Status Holder Visa, you must be a British National (Overseas) under the Hong Kong (British Nationality) Ordinance Order 1986.

If you were a British Dependent Territories citizen connected to Hong Kong, you had to apply to be a British National (Overseas) before 1997. People born after June 30, 1997, can’t be British Nationals (Overseas). Also, BN(O)s can’t pass this nationality to their kids.

If you lost your BN(O) status, it might be hard to get it back. You can use an expired BN(O) passport to apply for a Hong Kong BN(O) Status Holder Visa. If you don’t have a BN(O) passport, you can use a Hong Kong Special Administrative Region passport instead. It is important to note that the Hong Kong BN(O) Status Holder Visa has an Ordinary Residency Requirement. This means that in order to be eligible for the visa, you must meet certain residency criteria. Whether you apply from inside or outside the UK, you must be living in Hong Kong to qualify for the visa. Additionally, if you choose to apply from inside the UK, you must also be residing in the UK, Jersey, Guernsey, or the Isle of Man to meet the residency requirement.

Hong Kong BN(O) Status Holder Visa Ordinary Residency Requirement

You can apply for a Hong Kong BN(O) Status Holder Visa from inside or outside the UK. If you apply from outside the UK, you should live in Hong Kong. If you apply from inside the UK, you should live in Hong Kong, the UK, Jersey, Guernsey, or the Isle of Man.

The Home Office will look at where you usually live to decide if you qualify for the visa. We can help you figure out what proof you need to show this. When applying for the Hong Kong BN(O) Status Holder Visa, it is important to note that the Home Office will consider where you usually live to determine your eligibility. If you have been residing in the UK for a year already, you may not need to demonstrate financial support for six months. However, if you are required to show proof of financial stability, there are various methods to meet this requirement, such as demonstrating sufficient funds or obtaining assurances of support from a third party.