Schedules
Schedule 23 – Immigration control and formation of civil partnerships
Part 1 - Introduction
785.Part 1 provides that where two people wish to register as civil partners of each other and one of them is subject to immigration control then the provisions set out in the Schedule will apply. Part 1 also sets out the circumstances in which the qualifying condition, referred to elsewhere in the Schedule, will be satisfied. The qualifying condition will be satisfied where the person subject to immigration control has an entry clearance granted expressly for the purpose of enabling him to form a civil partnership in the United Kingdom, has the written permission of the Secretary of State to form a civil partnership in the United Kingdom, or falls within a class specified by regulations. Part 1 provides the Secretary of State with a power to make regulations about applications for written permission to form a civil partnership. These regulations may, amongst other things, require a person seeking permission to make an application in writing and to pay a fee.
Part 2 – England and Wales
786.Part 2 provides that where the civil partnership is to be formed in England and Wales then each notice of proposed civil partnership must be given to a specified registration authority and must be delivered to the relevant individual in person by the two proposed civil partners. The relevant individual is such employee, officer or other person provided by the specified registration authority as is determined in accordance with regulations. A notice of proposed civil partnership cannot take effect unless the registration authority is satisfied by the production of specified evidence that the person subject to immigration control fulfils the qualifying condition set out in Part 1.
Part 3 – Scotland
787.Part 3 provides similar procedures to those in Part 2, which apply where the civil partnership is to be formed in Scotland and one of the proposed civil partners is subject to immigration control.
Part 4 – Northern Ireland
788.Part 4 provides similar procedures to those in Part 2, which apply where the civil partnership is to be formed in Northern Ireland and one of the proposed civil partners is subject to immigration control.
