A GHANAIAN woman has won the right to live in the UK despite never attending her own wedding ceremony, reigniting discussions on the country’s immigration tribunal system.
Francisca Boateng, 42, secured her appeal after arguing that her proxy marriage to a German citizen was legally recognised under Ghanaian law and lasted long enough to qualify her for UK residency.
Customary Ghanaian marriages do not require presence
The Telegraph reported that Boateng met Fatao Sualihu, a German citizen, while visiting the UK in August 2018. After returning to Ghana, she divorced her then-husband on Christmas Eve 2018 and arranged a ‘proxy’ marriage in Kumasi on December 31, 2018.
Under Ghanaian customary marriage law, it is not compulsory for the couple to be physically present at the ceremony. Instead, family representatives exchange gifts and perform the necessary rites on behalf of the bride and groom, making the union legally binding.
On January 21, 2019, Sualihu travelled to Ghana, where the couple held a civil marriage ceremony. However, the marriage broke down within 15 months, leading to divorce proceedings in January 2022.
Despite the split, Boateng was able to claim UK residency under the EU Settlement Scheme, as her marriage had lasted over three years from the date of the proxy wedding.
Legal dispute and Home Office challenge
The Home Office challenged Boateng’s application, raising concerns over the authenticity of the proxy marriage. Officials cited inconsistencies in the evidence, including wedding photographs with ‘slightly blurry superimposed’ dates and an unstructured set of documents from Boateng’s former husband.
However, Judge Joseph Neville ruled in Boateng’s favour, stating that she had met the ‘burden of proof’ and that her proxy marriage was legally recognised in Ghana.
‘I find it to be more likely than not that a customary marriage did take place on December 31, 2018, and that it was a valid marriage under Ghanaian law,’ he stated.
Political reactions and immigration debate
The ruling has sparked fresh criticism of the UK’s immigration tribunal system, with politicians questioning the legitimacy of proxy marriages in immigration applications.
Shadow Home Secretary Chris Philp criticised the ruling, arguing that allowing proxy marriages ‘contradicts any notion of common sense,’ while Conservative leader Kemi Badenoch argued that the case highlighted the need for ‘radical changes’ to human rights laws governing immigration.
With over 34,000 immigration appeals currently pending, the case has intensified scrutiny over UK immigration laws.
A Home Office spokesperson stated: ‘While we do not routinely comment on individual cases, as the tribunal decision indicates, we contested this case twice and will always seek to uphold UK immigration rules.’
The ruling raises broader questions about the recognition of customary marriages in UK immigration law and whether existing policies require further review.
