The Referral of Proposed Marriages and Civil Partnerships Regulations 2015

EXPLANATORY NOTE

(This note is not part of the Regulations)

Part 4 of the Immigration Act 2014 (c. 22) (“the 2014 Act”) establishes a scheme for the referral of proposed marriages and civil partnerships to the Secretary of State, who must decide whether to investigate whether the proposed marriage or civil partnership is a sham. All proposed marriages or civil partnerships where one party is, or both parties are, not exempt must be referred to the Secretary of State. Exempt persons include (amongst others) those are who are exempt from immigration control and those who have a relevant visa.

These Regulations make supplementary provision for the referral of proposed marriages to the Secretary of State under the Marriage Act 1949 (c. 76) and the Civil Partnership Act 2004 (c. 33), which are amended by Part 4 of the 2014 Act.

Regulation 3 enables the Secretary of State to retain, copy and dispose of any evidence supplied in accordance with these Regulations.

Part 2 makes provision for the evidence that a party who is not a relevant national must provide when the party gives notice of intention to marry or register a civil partnership (a relevant national is a British citizen, an EEA national or a Swiss national). Regulation 4 specifies the type of photograph that must be provided. Regulation 5 and Schedule 1 specify the evidence that a person must provide to show they are an exempt person on account of their particular immigration status. Persons who have a relevant visa for the purposes of the scheme are also exempt persons and regulation 6 specifies the evidence that they must provide of their visa. Regulation 7 and Schedule 2 specify the evidence that must be provided to evidence the party’s usual address (details of which must be provided when they give notice of marriage or civil partnership).

Part 3 makes provision for when a party’s notified usual address or notified UK contact address changes. Regulation 8 requires a party whose notified usual address changes to notify the Secretary of State of his or her new usual address and, if that address is no longer in the United Kingdom, a UK contact address. It also requires a party whose notified UK contact address changes to notify the Secretary of State of his or her new UK contact address. Pursuant to regulation 9, a party is also required to provide evidence of his or her new usual address. A party may give notice of an address under regulation 8, and provide evidence of a new usual address under regulation 9, on behalf of the other party to the proposed marriage or civil partnership if both parties share that same address. Regulation 10 enables the Secretary of State to reject evidence concerning a party’s new usual address where she has reasonable grounds for suspecting that it is false.

Part 4 makes provision for referrals of proposed marriages and civil partnerships to the Secretary of State. Regulation 12 requires the superintendent registrar or registration authority to make the referral as soon as possible after the details of the proposed marriage or civil partnership are entered in the marriage notice book or register. Under regulation 13, the referral should be made electronically but may be made by post where necessary. Regulation 14 sets out what information must be included in the referral.

Part 5 prescribes the information that the superintendent registrar or registration authority must give to the parties when a proposed marriage or civil partnership is referred to the Secretary of State. Regulation 17 prescribes certain information that must be given about the effects of the referral and regulation 18 about the requirement to notify the Secretary of State about a change of address (see Part 3 above).

An impact assessment has not been produced for this instrument as no impact on the private or voluntary sector is foreseen. An impact assessment was prepared in respect of the proposals now forming Part 4 of the Immigration Act 2014 and is available at https://www.gov.uk/government/publications/immigration-bill-part-4-marriage-and-civil-partnership.