Immigration Act 2014 (c. 22)

SCHEDULES

SCHEDULE 4 Referral of proposed marriages and civil partnerships in England and Wales

PART 1 Marriage

Supply of additional information and evidence

7 After section 28A insert—

“28B Provision of evidence

(1) A notice of marriage under section 27 must, in relation to each of the parties to the marriage, be accompanied by specified evidence of the following matters—

(a) the person’s name and surname;

(b) the person’s date of birth;

(c) the person’s place of residence;

(d) the person’s nationality.

(2) A person giving a notice of marriage under section 27 must provide the superintendent registrar to whom the notice is given with specified evidence—

(a) as to whether the person has previously been married or formed a civil partnership; and

(b) if so, as to the ending of the marriage or civil partnership.

(3) In this section “specified evidence” means evidence that is in accordance with regulations made under section 28G.

28C Additional evidence if party not relevant national

(1) This section applies to notice of marriage given to a superintendent registrar in accordance with section 27 if one, or each, of the parties to the proposed marriage is not a relevant national.

(2) If the notice includes statement A (referred to in section 27E(4)), and accordingly is accompanied by details of the particular immigration status which a party to the proposed marriage has, the notice must be accompanied by specified evidence of that status.

(3) If the notice includes statement B (referred to in section 27E(5)), the notice must be accompanied by specified evidence of the holding of the relevant visa by the party to the proposed marriage.

(4) If, in accordance with section 27E(7), the notice is accompanied by the usual address of a party to the proposed marriage, the notice must also be accompanied by specified evidence that it is that party’s usual address.

(5) If the notice includes statement D (referred to in section 27E(9)), the notice may be accompanied by evidence of the person’s immigration position in the United Kingdom.

(6) If subsection (2) or (3) applies to the notice, and the notice is not accompanied by the specified evidence required by that subsection, the notice must be accompanied by—

(a) photographs and addresses of the kinds referred to in paragraphs 1 and 2 in the relevant entry in section 27E(7);

(b) as respects the usual address of each party that is provided in accordance with paragraph (a), specified evidence that the address provided is that party’s usual address; and

(c) addresses, names and aliases of the kinds referred to in paragraphs 3 to 5 in the relevant entry in section 27E(7) (insofar as those paragraphs are applicable to the parties to the proposed marriage).

(7) In this section—

• “relevant entry in section 27E(7)” means the second column of the last entry in the table in section 27E(7);

• “specified evidence” means evidence that is in accordance with regulations made under section 28G.

28D Change of usual address or UK contact address

(1) The Secretary of State may, by regulations, make provision about the giving to the Secretary of State of—

(a) notice of a person’s usual address, if the person’s notified usual address changes;

(b) notice of a UK contact address, if the person’s notified usual address is not in the United Kingdom;

(c) notice of a person’s UK contact address, if the person’s notified UK contact address changes;

(d) evidence of any address notified in accordance with regulations under paragraph (a), (b) or (c).

(2) The provision that may be made in regulations under this section includes—

(a) provision imposing a requirement on a person;

(b) provision about the rejection of information or evidence which there are reasonable grounds to suspect to be false.

(3) Regulations under subsection (1)(d) may, in particular, make any provision of the kind that may be made under section 28G(3).

(4) Regulations under this section are to be made by statutory instrument; and a statutory instrument containing such regulations is subject to annulment in pursuance of a resolution of either House of Parliament.

(5) In this section—

• “notified UK contact address” means an address in the United Kingdom, at which a person can be contacted by post, that has been notified in accordance with—

  (a)

  section 27E(7) or 28C(6), or

  (b)

  regulations under this section;

• “notified usual address” means the usual address of a person that has been notified in accordance with—

  (a)

  section 27E(7) or 28C(6), or

  (b)

  regulations under this section.

28E Rejection of false information or evidence

(1) A superintendent registrar may reject—

(a) any information or photograph provided under section 27, 27E or 28C, or

(b) any evidence provided under section 28A, 28B or 28C,

if (in particular) the superintendent registrar has reasonable grounds for suspecting that the information, photograph or evidence is false.

(2) If the superintendent registrar rejects any information, photograph or evidence, the superintendent registrar may proceed under this Act as if the rejected information, photograph or evidence had not been provided.

(3) This section does not limit the powers of superintendent registrars to reject anything provided under any other enactment.

28F Amendment of notice and evidence provisions

(1) The Secretary of State may by order—

(a) amend section 27, 27E or 28C so as to vary the information that must or may be given in cases where that section applies;

(b) amend section 28B or 28C so as to vary the matters in respect of which evidence must or may be given in cases where that section applies;

(c) make such provision (including provision amending section 27ZA, 28D or 28G or any other enactment) as the Secretary of State considers appropriate in consequence of provision made under paragraph (a) or (b).

(2) The Secretary of State must consult the Registrar General before making an order under this section.

(3) An order under this section is to be made by statutory instrument; and no statutory instrument containing such an order may be made unless a draft of it has been laid before, and approved by resolution of, each House of Parliament.

28G Specified evidence

(1) The Registrar General may make regulations about the evidence that is required to be given for the purposes of section 8, 16 or 28B.

(2) The Secretary of State may make regulations about the evidence that is required to be given for the purposes of section 28C.

(3) Regulations under this section may, in particular, make provision about—

(a) the kind of evidence which is to be supplied;

(b) the form in which evidence is to be supplied;

(c) the manner in which evidence is to be supplied;

(d) the period within which evidence is to be supplied;

(e) the supply of further evidence;

(f) the sufficiency of evidence supplied;

(g) the consequences of failing to supply sufficient evidence in accordance with the regulations (including provision to secure that, in such a case, a particular decision is made or is to be treated as having been made);

(h) the retention or copying of evidence supplied.

(4) In this section “evidence” includes a photograph or other image.

(5) The Secretary of State must consult the Registrar General before making regulations under this section.

(6) The Registrar General must obtain the approval of the Secretary of State before making regulations under this section.

(7) Regulations under this section are to be made by statutory instrument.

(8) A statutory instrument containing regulations under this section made by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament.”.