SCHEDULES
F1SCHEDULE 3AModifications if proposed marriage referred under section 28H
Introduction
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
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
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
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.
Sch. 3A inserted (1.3.2015) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 4 para. 9 (with Sch. 9 para. 66); S.I. 2015/371, art. 2(1)(f)