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

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”.

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