Immigration Act 2014 Explanatory Notes

Schedule 5: Sham Marriage and Civil Partnership: Administrative Regulations
Introduction

313.Paragraph 1 provides that the Schedule sets out the kinds of regulations which can be made by the Secretary of State under section 54. It also includes definitions used in this Schedule.

Notices

314.Paragraph 2 provides for the Secretary of State to make regulations about the giving of relevant notices and when a relevant notice is presumed to have been received.

Evidence

315.Paragraph 3 provides for the Secretary of State to make regulations about the supply of evidence in accordance with a relevant evidence provision. The regulations under this section may make provision for example for the kind of evidence to be supplied, the form in which it is to be supplied, and the manner in which it is to be supplied.

Change of address

316.Paragraph 4 provides for the Secretary of State to make regulations about any change of usual address; UK contact address and any change of UK contact address (where such an address has been provided); and evidence of any address notified. Regulations under this section may also impose a requirement on a person and make provision for the rejection of information or evidence if there are reasonable grounds to suspect it is false.

Referral

317.Paragraph 5 provides for the Secretary of State to make regulations requiring a person who has a duty to refer a marriage or civil partnership notice to comply with certain requirements, in particular relating to the form, manner or timing of the referral and information, photographs or evidence to be included with the referral. Paragraph 5 also provides for regulations to be made about the information to be provided to the parties about the effects of the referral and of any requirements under regulations made under paragraph 4.

Applications for shortening of waiting period

318.Paragraph 6 provides for the Secretary of State to make regulations about the making and granting of applications for the shortening of a waiting period in cases where a proposed Scottish or Northern Ireland marriage or civil partnership is referred to the Secretary of State.

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