The Proposed Marriages and Civil Partnerships (Conduct of Investigations, etc.) Regulations 2015

PART 5 Section 48 notice

Prescribed information about the investigation

18.—(1) The information prescribed for the purposes of section 51(1)(d) of the 2014 Act (“section 51(1)(d) purposes”) is a statement—

(a) that the Secretary of State may decide that a relevant party who has failed, without reasonable excuse, to comply with a relevant requirement has not complied with the investigation;

(b) that, where the Secretary of State decides that a relevant party has, or (as the case may be) both relevant parties have, failed to comply with the investigation and gives notice of that decision within the 70 day period in accordance with section 50(7) of the 2014 Act, the proposed marriage or, as the case may be, civil partnership may not proceed (and the relevant parties must give fresh notice of their intention to marry or register their civil partnership if they wish it to do so);

(c) that, in a case where the Secretary of State determines that a proposed marriage or civil partnership is a sham, the Secretary of State or an immigration officer may take immigration enforcement action in relation to a relevant party or, as the case may be, both relevant parties;

(d) that, in a case where a proposed marriage or civil partnership which is or was the subject of an investigation proceeds and the Secretary of State subsequently determines that it is a sham, the Secretary of State or an immigration officer may take immigration enforcement action in relation to a relevant party or, as the case may be, both relevant parties;

(e) that, without prejudice to the refusal of an application for entry clearance, limited leave, indefinite leave or a European residence document made on any other basis, in a case where the Secretary of State determines that a proposed marriage or civil partnership is a sham, the Secretary of State may refuse an application which is based upon a relevant party’s relationship with the other relevant party;

(f) that, without prejudice to the refusal of an application for entry clearance, limited leave, indefinite leave or a European residence document made on any other basis, in a case where a proposed marriage or civil partnership which is or was the subject of an investigation proceeds and the Secretary of State subsequently determines that it is a sham, the Secretary of State may refuse an application which is based upon a relevant party’s relationship with the other relevant party.

(2) In the case of information prescribed in sub-paragraphs (d) to (f) of paragraph (1), the following additional information is prescribed for section 51(1)(d) purposes—

(a) as respects information prescribed in sub-paragraphs (d) and (f), the additional information that a reference to a marriage or civil partnership being a sham is a reference to it being a sham within the meaning of section 24 or 24A of the Immigration and Asylum Act 1999(1);

(b) as respects information prescribed in sub-paragraphs (e) and (f), the additional information that—

(i) “entry clearance”, “limited leave” and “indefinite leave” have the same meanings as in section 33 of the Immigration Act 1971(2); and

(ii) “European residence document” means a document issued as evidence that a person is entitled to enter or remain in the United Kingdom by virtue of an enforceable EU right or any provision made under section 2(2) of the European Communities Act 1972(3).

(1)

1999 c. 33; section 24(5) defines sham marriage and section 24A defines sham civil partnership. Those definitions have been amended by section 55 of the Immigration Act 2014 (c. 22). Specifically section 24(5) was substituted, and subsection (6) inserted, by section 55(1), and section 24A(5) substituted, and subsection (5A) inserted, by section 55(3).

(2)

1971 c. 77; the definition of “entry clearance” was amended by section 39 of, and paragraph 2 of Schedule 4 to, the British Nationality Act 1981 (c. 61) and section 10 of, and paragraph 5 of the Schedule to, the Immigration Act 1988 (c. 14).

(3)

1972 c. 68; section 2(2) was amended by section 27(1) of the Legislative and Regulatory Reform Act 2006 (c. 51); and section 3(3) of, and Part 1 of Schedule 1 to, the European Union (Amendment) Act 2008 (c. 7).