PART 4Marriage and civil partnership
CHAPTER 2Sham marriage and civil partnership
I1C155Meaning of “sham marriage” and “sham civil partnership”
1
The Immigration and Asylum Act 1999 is amended in accordance with this section.
2
In section 24 (duty to report suspicious marriages), for subsection (5) substitute—
5
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—
- a
a British citizen,
- b
a national of an EEA State other than the United Kingdom, or
- 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.
3
In section 24A (duty to report suspicious civil partnerships), for subsection (5) substitute—
5
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—
- a
a British citizen,
- b
a national of an EEA State other than the United Kingdom, or
- 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.