PART 4Marriage and civil partnership
CHAPTER 1Referral and investigation of proposed marriages and civil partnerships
Investigation
I1I2C2C3C4C149Exempt persons
1
A person who is a party to a proposed marriage or civil partnership is an exempt person if the person—
a
is a relevant national;
b
has the appropriate immigration status; or
c
holds a relevant visa in respect of the proposed marriage or civil partnership.
2
A person has the appropriate immigration status if the person—
F2a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
is exempt from immigration control; or
c
is settled in the United Kingdom (within the meaning of the Immigration Act 1971 — see section 33(2A) of that Act).
F12A
“Retained enforceable EU right” means a right that—
a
was created or arose by or under the EU Treaties before the coming into force of this subsection, and
b
forms part of retained EU law by virtue of section 3 or 4 of the European Union (Withdrawal) Act 2018,
as that right is modified from time to time.
3
The question of whether a person is exempt from immigration control is to be determined in accordance with regulations made for this purpose by the Secretary of State.
4
A person holds a relevant visa if the person holds a visa or other authorisation that is of a kind specified for this purpose in regulations made by the Secretary of State.
5
The Secretary of State may not specify a visa or other authorisation under subsection (4) unless the Secretary of State considers that the purpose of issuing that kind of visa or authorisation is, or includes, enabling a person to enter or remain in the United Kingdom to marry or form a civil partnership.