A Ghanaian tourist has won the right to live in Britain despite never attending her own wedding ceremony.
Francisca Boateng, 42, secured her immigration appeal after claiming her "proxy" marriage to a German citizen living in Britain had lasted long enough to qualify her for UK residency.
Boateng met Fatao Sualihu, a German citizen, while holidaying in Britain in August 2018.
After returning to Ghana and divorcing her then-husband on Christmas Eve 2018, she arranged a "proxy" wedding in Kumasi on New Year's Eve.
Despite the Home Office's concerns, Judge Joseph Neville ruled that Boateng had met the 'burden of proof' requirement
GettyNeither she nor Sualihu attended the ceremony, though both families reportedly exchanged gifts.
The couple later held a civil marriage ceremony on January 21, 2019, after Sualihu flew to Ghana.
The marriage broke down within 15 months, with divorce proceedings initiated in January 2022.
However, because the marriage technically lasted three years from the proxy wedding date, Boateng qualified for UK residency under the EU settlement scheme.
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The marriage broke down within 15 months, with divorce proceedings initiated in January 2022
Getty
This was possible as her German husband's settled status enabled her to claim the same residency rights.
The Home Office challenged the evidence of the proxy wedding, questioning photographs with "slightly blurry superimposed" dates.
Officials also raised concerns about a "haphazard" set of papers provided by Boateng's former husband.
The case has sparked fresh criticism of the immigration tribunal system following a series of controversial rulings.
Despite the Home Office's concerns, Judge Joseph Neville ruled that Boateng had met the "burden of proof" requirement.
"I find it to be more likely than not that a customary marriage did take place on Dec 31 2018 as claimed by [Boateng] and that it was a valid marriage under Ghanaian law," he said.
Shadow Home Secretary Chris Philp said allowing proxy marriages to count "seems to contradict any notion of common sense".
Philp said allowing proxy marriages to count 'seems to contradict any notion of common sense'
PA"The courts are wrongly adopting ever wider definitions that allow people without deep connections here and who have not made a meaningful contribution to the UK to stay here permanently," he said.
A new "common sense approach" was being developed, he added.
The case dominated Prime Minister's Questions, with Sir Keir Starmer criticising a separate tribunal decision involving Palestinian refugees.
There are currently 34,169 outstanding immigration appeals, mostly on human rights grounds.
Conservative leader Kemi Badenoch said the cases showed "radical changes" to human rights laws are needed.
A Home Office spokesman said: "While we do not routinely comment on individual cases, as the tribunal decision clearly indicates, we contested this case twice and will always seek to uphold our immigration rules."
