Search Legislation

Immigration Act 2014

Status:

This is the original version (as it was originally enacted).

CHAPTER 2Sham marriage and civil partnership

55Meaning of “sham marriage” and “sham civil partnership”

(1)The Immigration and Asylum Act 1999 is amended in accordance with this section.

(2)In section 24 (duty to report suspicious marriages), for subsection (5) substitute—

(5)A marriage (whether or not it is void) is a “sham marriage” if—

(a)either, or both, of the parties to the marriage is not a relevant national,

(b)there is no genuine relationship between the parties to the marriage, and

(c)either, or both, of the parties to the marriage enter into the marriage for one or more of these purposes—

(i)avoiding the effect of one or more provisions of United Kingdom immigration law or the immigration rules;

(ii)enabling a party to the marriage to obtain a right conferred by that law or those rules to reside in the United Kingdom.

(6)In subsection (5)—

  • “relevant national” means—

    (a)

    a British citizen,

    (b)

    a national of an EEA State other than the United Kingdom, or

    (c)

    a national of Switzerland;

  • “United Kingdom immigration law” includes any subordinate legislation concerning the right of relevant nationals to move between and reside in member States..

(3)In section 24A (duty to report suspicious civil partnerships), for subsection (5) substitute—

(5)A civil partnership (whether or not it is void) is a “sham civil partnership” if—

(a)either, or both, of the parties to the civil partnership is not a relevant national,

(b)there is no genuine relationship between the parties to the civil partnership, and

(c)either, or both, of the parties to the civil partnership enter into the civil partnership for one or more of these purposes—

(i)avoiding the effect of one or more provisions of United Kingdom immigration law or the immigration rules;

(ii)enabling a party to the civil partnership to obtain a right conferred by that law or those rules to reside in the United Kingdom.

(5A)In subsection (5)—

  • “relevant national” means—

    (a)

    a British citizen,

    (b)

    a national of an EEA State other than the United Kingdom, or

    (c)

    a national of Switzerland;

  • “United Kingdom immigration law” includes any subordinate legislation concerning the right of relevant nationals to move between and reside in member States..

56Duty to report suspicious marriages and civil partnerships

(1)The Immigration and Asylum Act 1999 is amended in accordance with this section.

(2)In section 24 (duty to report suspicious marriages), in subsection (1)—

(a)after paragraph (a) insert—

(aa)a superintendent registrar, or registrar of births, deaths and marriages, who receives information in advance of a person giving such a notice,;

(b)at the end of paragraph (c), omit “or”;

(c)after paragraph (c) insert—

(ca)a district registrar who receives information in advance of a person submitting such a notice or certificate,;

(d)after paragraph (d) insert or

(da)a registrar or deputy registrar who receives information in advance of a person giving such a notice,.

(3)In section 24A (duty to report suspicious civil partnerships), in subsection (1)—

(a)after paragraph (a) insert—

(aa)a registration authority that receives information in advance of a person giving such a notice,;

(b)at the end of paragraph (c), omit “or”;

(c)after paragraph (c) insert—

(ca)a district registrar who receives information in advance of a person giving such a notice,;

(d)after paragraph (d) insert or

(da)a registrar who receives information in advance of a person giving such a notice,.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources