Ghanaian man wins rights to join German wife in UK
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By Femi SHODUNKE
UK: THE victory recorded at a United Kingdom court by a Ghanaian to marry a German, without being present at the wedding ceremony, has given hope to many would-be spouses to migrate to Europe through such wedding arrangement.
After four years of legal battle, 43-year-old Albert Awuku would now have opportunity to join his German wife, who lives in UK, after the couple was represented by their families at their wedding, the practice which is in line with Ghana’s customary laws.
By the court’s ruling, Awuku has gotten a legal backing to move to Britain four years after engaging the German in the marriage, which took place in Ghana in February 2013, despite the opposition of the UK government to such “proxy marriage.”
Apparently in order to win UK residency, months after the wedding, it was registered in the Ghana record after which the wedding certificate was tendered before for the British government.
But because there was no proof in his passport to show that the Ghanaian travelled for the wedding, the Home Office, under the then Secretary, Theresa May, kicked against his move to obtain residency status.
May rejected the application, saying that it would not accept Awuku’s proxy marriage, the decision which was later rejected by a judge at the immigration tribunal.
Displeased with this judgment, May headed to an upper tribunal where she won, but the unsatisfied Ghanaian headed to the Appeal Court to challenge the decision.
He pleaded with the higher court to grant his request as his human rights to live with his wife has been breached.
Awuku, who has a London-based counsel, Zane Malik, and solicitor Jennifer Owusu-Barnieh, eventually got a reprieve from the court presided over by Lord Justice Lloyd Jones.
“The law of England and Wales recognises proxy marriage if valid by the lex loci celebrationis (law of the land),” the judge said, adding: “Accordingly a spouse of an EU national who has concluded such a marriage will qualify as a family member.”
It would be recalled that proxy marriages are allowed and legal in some countries, including Nigeria, Brazil and Ghana.
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