Part IImmigration: General

Reporting suspicious marriages

24Duty to report suspicious marriages

1

Subsection (3) applies if—

a

a superintendent registrar to whom a notice of marriage has been given under section 27 of the [1949 c. 76.] Marriage Act 1949,

b

any other person who, under section 28(2) of that Act, has attested a declaration accompanying such a notice,

c

a district registrar to whom a marriage notice or an approved certificate has been submitted under section 3 of the [1977 c. 15.] Marriage (Scotland) Act 1977, or

d

a registrar or deputy registrar to whom notice has been given under section 13 of the [1844 c. 81.] Marriages (Ireland) Act 1844 or section 4 of the [1863 c. 27.] Marriage Law (Ireland) Amendment Act 1863,

has reasonable grounds for suspecting that the marriage will be a sham marriage.

2

Subsection (3) also applies if—

a

a marriage is solemnized in the presence of a registrar of marriages or, in relation to Scotland, an authorised registrar (within the meaning of the Act of 1977); and

b

before, during or immediately after solemnization of the marriage, the registrar has reasonable grounds for suspecting that the marriage will be, or is, a sham marriage.

3

The person concerned must report his suspicion to the Secretary of State without delay and in such form and manner as may be prescribed by regulations.

4

The regulations are to be made—

a

in relation to England and Wales, by the Registrar General for England and Wales with the approval of the Chancellor of the Exchequer;

b

in relation to Scotland, by the Secretary of State after consulting the Registrar General of Births, Deaths and Marriages for Scotland;

c

in relation to Northern Ireland, by the Secretary of State after consulting the Registrar General in Northern Ireland.

5

“Sham marriage” means a marriage (whether or not void)—

a

entered into between a person (“A”) who is neither a British citizen nor a national of an EEA State other than the United Kingdom and another person (whether or not such a citizen or such a national); and

b

entered into by A for the purpose of avoiding the effect of one or more provisions of United Kingdom immigration law or the immigration rules.