Part I Immigration: General

Reporting suspicious marriages

I124 Duty to report suspicious marriages.

1

Subsection (3) applies if—

a

a superintendent registrar to whom a notice of marriage has been given under section 27 of the M1Marriage Act 1949,

F4aa

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

b

any other person who, under section 28(2) of that Act, has attested a declaration accompanying such a notice,

c

a district registrar to whom a marriage notice or an approved certificate has been submitted under section 3 of the M2Marriage (Scotland) Act 1977, F7...

F5ca

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

d

a registrar or deputy registrar to whom notice has been given under section 13 of the M3Marriages (Ireland) Act 1844 or section 4 of the M4Marriage Law (Ireland) Amendment Act 1863, F6or

da

a registrar or deputy registrar who receives information in advance of a person giving such a notice,

has reasonable grounds for suspecting that the marriage will be a sham marriage.

2

Subsection (3) also applies if—

a

a marriage is solemnized in the presence of a registrar of marriages or, in relation to Scotland, an authorised registrar (within the meaning of the Act of 1977); and

b

before, during or immediately after solemnization of the marriage, the registrar has reasonable grounds for suspecting that the marriage will be, or is, a sham marriage.

3

The person concerned must report his suspicion to the Secretary of State without delay and in such form and manner as may be prescribed by regulations.

4

The regulations are to be made—

C1a

in relation to England and Wales, by the Registrar General for England and Wales with the approval of F2the Secretary of State;

b

in relation to Scotland, by the Secretary of State after consulting the Registrar General of Births, Deaths and Marriages for Scotland;

c

in relation to Northern Ireland, by the Secretary of State after consulting the Registrar General in Northern Ireland.

F125

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.

24AF1Duty to report suspicious civil partnerships

1

Subsection (3) applies if—

a

a registration authority to whom a notice of proposed civil partnership has been given under section 8 of the Civil Partnership Act 2004,

F8aa

a registration authority that receives information in advance of a person giving such a notice,

b

any person who, under section 8 of the 2004 Act, has attested a declaration accompanying such a notice,

c

a district registrar to whom a notice of proposed civil partnership has been given under section 88 of the 2004 Act, F11...

F9ca

a district registrar who receives information in advance of a person giving such a notice,

d

a registrar to whom a civil partnership notice has been given under section 139 of the 2004 Act, F10or

da

a registrar who receives information in advance of a person giving such a notice,

has reasonable grounds for suspecting that the civil partnership will be a sham civil partnership.

2

Subsection (3) also applies if—

a

two people register as civil partners of each other under Part 2, 3 or 4 of the 2004 Act in the presence of the registrar, and

b

before, during or immediately after they do so, the registrar has reasonable grounds for suspecting that the civil partnership will be, or is, a sham civil partnership.

3

The person concerned must report his suspicion to the Secretary of State without delay and in such form and manner as may be prescribed by regulations.

4

The regulations are to be made—

C2a

in relation to England and Wales, by the Registrar General for England and Wales with the approval of F3the Secretary of State;

b

in relation to Scotland, by the Secretary of State after consulting the Registrar General of Births, Deaths and Marriages for Scotland;

c

in relation to Northern Ireland, by the Secretary of State after consulting the Registrar General in Northern Ireland.

F135

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.

6

“The registrar” means—

a

in relation to England and Wales, the civil partnership registrar acting under Part 2 of the 2004 Act;

b

in relation to Scotland, the authorised registrar acting under Part 3 of the 2004 Act;

c

in relation to Northern Ireland, the registrar acting under Part 4 of the 2004 Act.