An African woman has reportedly been given permission to move to the UK to be with her husband despite neither attending their “wedding”. It comes after her original application was rejected by the Home Office, which believed their wedding never actually took place.
Smaou Faal, from Gambia, is now allowed to join Mustafa Faal, a German national, and their two children in Britain following an appeal. It has been confirmed that they have been granted a family permit under the EU Settlement Scheme despite officials previously concluding that the couple were not “durable partners”.
As reported by The Sun, Smaou and Mustafa met in Gambia in 2017 before getting “married” in a mosque in 2019. The Home Office previously said the ceremony was not legally valid, while Mustafa moved abroad less than two years into the relationship.
Joanna McWilliam, the immigration tribunal judge, said she was “not satisfied” that the wedding actually happened. She heard that only the families of the couple attended the service.
However, Mrs Faal appealed the decision, with the judge accepting the couple had a civil wedding. She can now legally join her husband and children in the UK.
The 30-year-old is also pregnant with their third child. The judge said there is evidence to suggest that the couple are in a durable relationship despite previous concerns.
Judge McWilliam said: “The unchallenged evidence is that the appellant is pregnant with their third child. There is no challenge to the civil marriage having taken place . . . it is further evidence that supports the durability of the relationship.”
A civil marriage is a legally binding marriage registered by a government official rather than a clergy member. It grants the same legal rights as a religious marriage.