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Asylum and Immigration (Treatment of Claimants, etc.) Act 2004

Procedure for Marriage

Section 19: Person subject to immigration control: procedure for marriage: England and Wales

73.Section 19 applies to a marriage to be solemnised in England and Wales on the authority of certificates issued by a superintendent registrar under Part III of the Marriage Act 1949 where a party to the marriage is subject to immigration control.

74.Section 19(2) requires that the notices which are required to be given of such a marriage must be given to a superintendent registrar of a registration district specified in regulations made by the Secretary of State (after consultation with the Registrar General) and must be given in person by both parties to the marriage together.

75.Under section 19(3) registrars may only accept notice of such a marriage where satisfied that the party subject to immigration control holds either entry clearance for the purpose of marriage, written permission from the Secretary of State or is in an exempt category (to be specified in regulations).

76.Section 19(4) gives definitions of the terms “person subject to immigration control”, “EEA National”, “entry clearance” and “specified evidence”.

Section 20: Section 19: supplemental

77.Section 20 provides that the Marriage Act 1949 will have effect in relation to a marriage to which the section 19 applies with any necessary consequential modifications.

Sections 21 and 22: Persons subject to immigration control: procedure for marriage: Scotland and supplemental

78.Sections 21 and 22 relate to a marriage where a party to the marriage is subject to immigration control and the marriage is to be solemnised in Scotland.

79.Under section 21(2) notice of such a marriage may only be given to the district registrar of a registration district prescribed in regulations made by the Secretary of State (after consultation with the Registrar General for Scotland).

80.As with section 19(3), under section 21(3) registrars may only accept notice of such a marriage if satisfied that the party subject to immigration control holds either entry clearance for the purpose of marriage, written permission from the Secretary of State or is in an exempt category (to be specified in regulations).

Sections 23 and 24: Person subject to immigration control: procedure for marriage: Northern Ireland and supplemental

81.Sections 23 and 24 relate to a marriage which is to be solemnised in Northern Ireland where a party to the marriage is subject to immigration control.

82.Under section 23(2)(a) notice of such a marriage can only be given to a registrar prescribed in regulations made by the Secretary of State (after consultation with the Registrar General for Northern Ireland).

83.Section 23(2)(b) allows the Secretary of State, after consultation with the Registrar General for Northern Ireland, to prescribe in regulations cases in which notices must be given in person at a prescribed register office.

84.As with section 19(3), under section 23(3) registrars may only accept notice of such a marriage if satisfied that the party subject to immigration control holds either entry clearance for the purpose of marriage, written permission from the Secretary of State or is in an exempt category (to be specified in regulations).

Section 25: Application for permission under section 19(3)(b), 21(3)(b) or 23(3)(b)

85.Section 25 makes provision in relation to applications for permission to marry. The Secretary of State may by regulations require persons seeking permission to make an application in writing and pay a fee. The regulations will specify the information to be contained in this application, the amount of the fee and the manner of the payment. The regulations may specify persons exempt from payment, permit specified persons to pay a reduced fee, and specify circumstances that would lead to a refund of all or part of the fee.

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