Immigration Act 2014

Referral to Secretary of State U.K.

8 U.K. After section 28G insert—

“28H Referral of proposed marriage to Secretary of State

(1) On every occasion when notice of marriage is given under section 27, a superintendent registrar must decide whether or not each of the parties to the proposed marriage is an exempt person.

(2) But this section does not apply if section 39A applies to the proposed marriage.

(3) In making a decision under subsection (1) about a party to a proposed marriage, a superintendent registrar may rely on any advice given in relation to that decision by the Secretary of State.

(4) In a case where—

(a) section 27E applies to the notice of marriage, and

(b) specified evidence required by section 28C(2) or (3) in relation to a party to the proposed marriage is not produced in accordance with that section,

the superintendent registrar must decide that that party to the proposed marriage is not an exempt person.

(5) If the superintendent registrar decides that either of the parties is not an exempt person, or that both of the parties are not exempt persons, the superintendent registrar must—

(a) refer the proposed marriage to the Secretary of State;

(b) notify the parties to the proposed marriage that the proposed marriage must be referred to the Secretary of State;

(c) give the parties to the proposed marriage prescribed information about—

(i) the effects of the referral;

(ii) the requirement under regulations under section 28D to notify the Secretary of State of changes of address.

(6) The superintendent registrar must act in accordance with regulations when complying with the duty in subsection (5)(a) to refer a proposed marriage to the Secretary of State.

(7) Regulations may, in particular, make provision about—

(a) the form, manner or timing of the referral of a proposed marriage;

(b) information, photographs or evidence — or copies of any of those things — to be included with the referral of a proposed marriage.

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

(9) If the superintendent registrar refers the proposed marriage to the Secretary of State, this Act has effect in relation to the proposed marriage subject to the modifications in Schedule 3A.

(10) In this section—

(a) a reference to a person being an exempt person has the same meaning as in section 49 of the Immigration Act 2014;

(b) “prescribed information” means information prescribed in regulations;

(c) “regulations” means regulations made by the Secretary of State after consulting the Registrar General.”.

Commencement Information

I1 Sch. 4 para. 8 in force at 20.10.2014 for specified purposes by S.I. 2014/2771, art. 3(e)

I2 Sch. 4 para. 8 in force at 1.3.2015 in so far as not already in force by S.I. 2015/371, art. 2(1)(f)

9 U.K. Before Schedule 4 insert—

“SCHEDULE 3A U.K. Modifications if proposed marriage referred under section 28H

Introduction U.K.

1 (1) These are the modifications subject to which this Act has effect if the superintendent registrar refers a proposed marriage to the Secretary of State.

(2) In this Schedule—

• “2014 Act” means the Immigration Act 2014;

• “referred marriage” means the proposed marriage referred to the Secretary of State.

No certificate to be issued until decision about investigation etc U.K.

2 (1) The duty under section 31(2) to issue a certificate in respect of the referred marriage does not apply unless and until one of the following events occurs.

(2) Event 1 occurs if—

(a) the Secretary of State gives the superintendent registrar the section 48 notice, and

(b) that notice is of a decision not to investigate whether the referred marriage is a sham.

(3) Event 2 occurs if—

(a) the relevant statutory period ends, and

(b) the Secretary of State has not given the superintendent registrar the section 48 notice.

(4) Event 3 occurs if—

(a) the Secretary of State gives the superintendent registrar the section 48 notice,

(b) that notice is of a decision to investigate whether the referred marriage is a sham,

(c) the Secretary of State gives the superintendent registrar the section 50 notice, and

(d) that notice is of a decision that both of the parties to the referred marriage have complied with the investigation.

(5) Event 4 occurs if—

(a) the 70 day period ends, and

(b) the Secretary of State has not given the superintendent registrar the section 50 notice.

(6) Event 5 occurs if the Secretary of State gives the superintendent registrar notice that the duty under section 31(2) is applicable.

(7) The Secretary of State may give a notice for that purpose only if—

(a) the Secretary of State has given the superintendent registrar the section 48 notice,

(b) that notice is of a decision to investigate whether the referred marriage is a sham,

(c) the Secretary of State has given the superintendent registrar the section 50 notice, and

(d) that notice is of a decision that one or both of the parties to the referred marriage have not complied with the investigation.

(8) This paragraph applies in addition to any other requirements applicable to the issue of the certificate.

(9) This paragraph is subject to paragraph 4.

(10) In this paragraph—

• “70 day period” has the same meaning as in section 50 of the 2014 Act;

• “relevant statutory period” has the same meaning as in section 48 of the 2014 Act;

• “section 48 notice” means notice under section 48(7) of the 2014 Act;

• “section 50 notice” means notice under section 50(7) of the 2014 Act.

Marriage to be investigated: extension of waiting period to 70 days U.K.

3 (1) The modifications in this paragraph have effect if the Secretary of State gives the superintendent registrar notice under section 48(7) of the 2014 Act of a decision to investigate whether the referred marriage is a sham.

(2) Section 31(2): the reference to the said period of 28 days has effect as a reference to the relevant 70 day period.

(3) Section 31(4A)(a): the reference to the period of 28 days has effect as a reference to the relevant 70 day period.

(4) Section 31(5A) and (5C): the reference to the 28 day period has effect as a reference to the relevant 70 day period.

(5) Section 31(5B) does not apply.

(6) Section 75(3)(a): the reference to 28 days has effect as a reference to 70 days (and the reference in section 31(5C) to 28 days has effect accordingly).

(7) In this paragraph “relevant 70 day period” means the period—

(a) beginning the day after notice of the proposed marriage is entered in the marriage book in accordance with Part 3 of the Marriage Act 1949, or is entered in an approved electronic form by virtue of section 27(4A) of that Act, and

(b) ending at the end of the period of 70 days beginning with that day.

Effect of reducing statutory period U.K.

4 (1) This paragraph applies if—

(a) the Secretary of State gives notice under section 31(5EB) of the grant of an application made under section 31(5A) (reduction of statutory period) in relation to the referred marriage, and

(b) that notice is given at a time when the duty under section 31(2) to issue a certificate in respect of the referred marriage has not arisen in accordance with paragraph 2.

(2) The duty under subsection 31(2) to issue a certificate in respect of the referred marriage arises on the giving of the notice, subject to any other requirements applicable to the issue of the certificate being met.

(3) But the requirements of paragraph 2 are not applicable in such a case.

(4) The Secretary of State is not prevented from deciding to conduct, conducting, or continuing, an investigation if a certificate in respect of the referred marriage is issued as mentioned in sub-paragraph (2).

(5) But in such a case, nothing in the 2014 Act requires the Secretary of State to decide whether to conduct, to conduct, or to continue, an investigation.

(6) In this paragraph “investigation” means an investigation, conducted following a decision by the Secretary of State under section 48 of the 2014 Act, whether a proposed marriage is a sham.”.

Commencement Information

I3 Sch. 4 para. 9 in force at 1.3.2015 by S.I. 2015/371, art. 2(1)(f)