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Email: drx@stephens-scown.co.uk
A leading immigration solicitor in the South West is urging young people across the region to "consider the implications" if they fall in love while travelling or going on holiday abroad this year.
Judith Hockin, who works for Stephens Scown in Exeter, says she has seen a big increase recently in couples meeting abroad, planning marriage and falling foul of tighter UK immigration laws.
"It's not just a matter of meeting someone, say on holiday or a gap year, starting up a relationship and thinking it's straightforward to bring them back to the UK as a fiancé(e) or a spouse. They've got to meet stricter immigration rules - our borders are closing and the law is getting tighter," she says.
Judith adds, "If the person from the South West meets someone outside the European Economic Area (EEA) and they're not a UK national, you have to seriously consider whether or not you're really going to be able to stay together. It's not just a question of where you live, but really, how you're going to survive."
If the person's ‘intended' is still in another country outside the EEA, they cannot just come back to the UK with their British citizen partner - they have to comply with the relevant immigration rules.
Anyone subject to immigration control (i.e. not a British citizen or having indefinite leave to remain) or having had entry clearance as a fiancé(e) will need written permission from the Government to marry in the UK, in the form of a Certificate of Approval.
She says, "I see cases like this all the time - I have several clients in this position at the moment where they have no leave to remain here and have met a British citizen, fallen in love and want to marry. The UK Border Agency is refusing many applications and couples have to convince them it's not a ‘sham' marriage."
"There is also extensive documentation that needs to be submitted and the average person cannot hope to know what they need to do. The message this Valentine's Day is be prepared to do your homework before falling head-over-heels in love."
Judith Hockin specialises purely in immigration and nationality issues, particularly business related matters. She regularly advises clients on immigration including the Points Based System (PBS), all aspects of free movement under EC law and rights under EC Association Agreements.

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