PART 4Marriage and civil partnership

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—

    1. a

      a British citizen,

    2. b

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

    3. 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—

    1. a

      a British citizen,

    2. b

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

    3. 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.