PART 2 E+WEvidence

Relevant visaE+W

6.—(1) Paragraph (2) specifies evidence of the holding of a relevant visa by a party for the purposes of section 28C(3) of the 1949 Act and section 9A(3) of the 2004 Act.

(2) The evidence specified for the purposes mentioned in paragraph (1) is the party's passport endorsed to show, or the party's biometric immigration document showing, that he or she has been given one of the following kinds of visa or other authorisation (which remains in force) in respect of the party's proposed marriage or civil partnership to the other party—

(a)entry clearance or leave to enter as a visitor under the immigration rules for the purpose of marriage or civil partnership,

(b)entry clearance, leave to enter or leave to remain as a fiancé(e) or proposed civil partner under Appendix FM to the immigration rules,

(c)entry clearance, leave to enter or leave to remain as a fiancé(e) or proposed civil partner under Appendix Armed Forces to the immigration rules,

(d)entry clearance, leave to enter or leave to remain as a fiancé(e) or proposed civil partner outside the provisions of the immigration rules.

(3) In this regulation—

entry clearance” has the same meaning as in section 33(1) of the 1971 Act M1,

immigration rules” means the rules laid down under section 3(2) of the 1971 Act,

“leave to enter” or “leave to remain” means leave to enter or remain in the United Kingdom given in accordance with section 3 of the 1971 Act M2.

Marginal Citations

M1The definition of “entry clearance” was amended by paragraph 2 of Schedule 4 to the British Nationality Act 1981 (c. 61) and paragraph 5 of the Schedule to the Immigration Act 1988 (c. 14).

M2Relevant amendments made to section 3 are as follows: subsection (1) was amended by paragraphs 2 and 4 of Schedule 4 to the British Nationality Act 1981, paragraph 1(1) of Schedule 2 to the Asylum and Immigration Act 1996 (c. 49), paragraphs 43 and 44(2) of Schedule 14 to the Immigration and Asylum Act 1999 (c. 33), sections 16 and 58 of, and the Schedule to, the UK Borders Act 2007 (c. 30), section 50(1) of the Borders, Citizenship and Immigration Act 2009 (c. 11); and subsection (3) was amended by paragraph 1 of the Schedule to the Immigration Act 1988.