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Immigration Act 2014, Section 62 is up to date with all changes known to be in force on or before 25 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)These expressions have the meanings given—
“exempt person” has the meaning given in section 49;
“registrar” means a registrar of births, deaths and marriages;
“Registrar General” [F1means—
in relation to regulations that apply to proposed marriages or civil partnerships under the law of England and Wales, the Registrar General for England and Wales;
in relation to regulations that apply to proposed marriages or civil partnerships under the law of Northern Ireland, the Registrar General for Northern Ireland;
[F2in relation to regulations that apply to proposed marriages or civil partnerships under the law of Scotland, the Registrar General for Scotland.]]
“registration authority” has the same meaning as in the Civil Partnership Act 2004 (see section 28 of that Act);
“relevant national” means—
a British citizen,
[F3an Irish citizen;
a person who is not an Irish citizen who—
has leave to enter or remain in the United Kingdom which was granted by virtue of residence scheme immigration rules within the meaning given by section 17 of the European Union (Withdrawal Agreement) Act 2020, or
is an applicant for the purposes of regulation 4 of the Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020 (applications which have not been finally determined by the deadline) where the relevant period within the meaning of that regulation has not expired;]
F4...
F4...
“relevant statutory period” means—
in relation to a proposed marriage [F5under the law of England and Wales], the period—
[F8in relation to a proposed marriage under the law of Northern Ireland, the period—
beginning the day on which the record of the proposed marriage is made in the marriage notice book in accordance with Article 4 of the Marriage (Northern Ireland) Order 2003; and
ending at the end of the period of 28 days beginning with that day;]
[F9in relation to a proposed marriage under the law of Scotland, the period—
beginning the day after receipt by the district registrar of the marriage notice (as entered by the district registrar in the marriage notice book in accordance with section 4(1) of the Marriage (Scotland) Act 1977), and
ending at the end of the period of 28 days beginning with that day;]
in relation to a proposed civil partnership [F10under the law of England and Wales], the period—
beginning the day after notice of the proposed civil partnership is recorded in the register in accordance with Chapter 1 of Part 2 of the Civil Partnership Act 2004, and
ending at the end of the period of 28 days beginning with that day;
[F11in relation to a proposed civil partnership under the law of Northern Ireland, the period—
beginning the day on which the record of the proposed civil partnership is made in the civil partnership notice book in accordance with section 140(1) of the Civil Partnership Act 2004, and
ending at the end of the period of 28 days beginning with that day;]
[F12in relation to a proposed civil partnership under the law of Scotland, the period—
beginning the day after the particulars of the proposed civil partnership are entered in the civil partnership book in accordance with section 89(1) of the Civil Partnership Act 2004, and
ending at the end of the period of 28 days beginning with that day;]
[F13“section 48 notice” means—
in relation to a proposed marriage or civil partnership under the law of England and Wales, a notice given under section 48(7) or (8),
in relation to a proposed marriage or civil partnership under the law of Northern Ireland, a notice given under section 48(8A) or (8B),
[F14in relation to a proposed marriage or civil partnership under the law of Scotland, a notice given under section 48(8C) or (8D);]]
“superintendent registrar” means a superintendent registrar of births, deaths and marriages.
(2)A reference to a person being a party to a proposed marriage or civil partnership is a reference to a person who would be a party to the marriage or civil partnership if it took place as proposed.
(3)A reference to a proposed marriage or civil partnership being a sham is a reference to a marriage or civil partnership which would (if it took place as proposed) be a sham marriage or sham civil partnership (within the meaning of the Immigration and Asylum Act 1999 — see section 24 or 24A of that Act).
(4)For provision about the interpretation of the following expressions, see section 49—
(a)the appropriate immigration status;
(b)a relevant visa.
(5)This section, and the provision mentioned in subsection (4), apply for the purposes of this Part.
Textual Amendments
F1Words in s. 62(1) substituted (1.3.2015) by The Referral and Investigation of Proposed Marriages and Civil Partnerships (Northern Ireland and Miscellaneous Provisions) Order 2015 (S.I. 2015/395), art. 1(2), Sch. 4 para. 4(a)
F2Words in s. 62(1) inserted (1.3.2015) by The Referral and Investigation of Proposed Marriages and Civil Partnerships (Scotland) Order 2015 (S.I. 2015/396), art. 1(2), Sch. 4 para. 4(2)
F3Words in s. 62(1) inserted (1.7.2021) by The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2)(c), 20(6)(a)
F4Words in s. 62(1) omitted (1.7.2021) by virtue of The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2)(c), 20(6)(b)
F5Words in s. 62(1) inserted (1.3.2015) by The Referral and Investigation of Proposed Marriages and Civil Partnerships (Northern Ireland and Miscellaneous Provisions) Order 2015 (S.I. 2015/395), art. 1(2), Sch. 4 para. 4(b)(i)
F6Words in s. 62 substituted (4.5.2021) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), Sch. 1 para. 62(3)(a) (with Sch. 2)
F7Words in s. 62 omitted (4.5.2021) by virtue of The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), Sch. 1 para. 62(3)(b) (with Sch. 2)
F8Words in s. 62(1) inserted (1.3.2015) by The Referral and Investigation of Proposed Marriages and Civil Partnerships (Northern Ireland and Miscellaneous Provisions) Order 2015 (S.I. 2015/395), art. 1(2), Sch. 4 para. 4(b)(ii)
F9Words in s. 62(1) inserted (1.3.2015) by The Referral and Investigation of Proposed Marriages and Civil Partnerships (Scotland) Order 2015 (S.I. 2015/396), art. 1(2), Sch. 4 para. 4(3)(a) (with art. 1(4))
F10Words in s. 62(1) inserted (1.3.2015) by The Referral and Investigation of Proposed Marriages and Civil Partnerships (Northern Ireland and Miscellaneous Provisions) Order 2015 (S.I. 2015/395), art. 1(2), Sch. 4 para. 4(b)(iii)
F11Words in s. 62(1) inserted (1.3.2015) by The Referral and Investigation of Proposed Marriages and Civil Partnerships (Northern Ireland and Miscellaneous Provisions) Order 2015 (S.I. 2015/395), art. 1(2), Sch. 4 para. 4(b)(iv)
F12Words in s. 62(1) inserted (1.3.2015) by The Referral and Investigation of Proposed Marriages and Civil Partnerships (Scotland) Order 2015 (S.I. 2015/396), art. 1(2), Sch. 4 para. 4(3)(b) (with art. 1(5))
F13Words in s. 62(1) substituted (1.3.2015) by The Referral and Investigation of Proposed Marriages and Civil Partnerships (Northern Ireland and Miscellaneous Provisions) Order 2015 (S.I. 2015/395), art. 1(2), Sch. 4 para. 4(c)
F14Words in s. 62(1) inserted (1.3.2015) by The Referral and Investigation of Proposed Marriages and Civil Partnerships (Scotland) Order 2015 (S.I. 2015/396), art. 1(2), Sch. 4 para. 4(4)
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