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Immigration Act 2014

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This is the original version (as it was originally enacted).

49Exempt persons
This section has no associated Explanatory Notes

(1)A person who is a party to a proposed marriage or civil partnership is an exempt person if the person—

(a)is a relevant national;

(b)has the appropriate immigration status; or

(c)holds a relevant visa in respect of the proposed marriage or civil partnership.

(2)A person has the appropriate immigration status if the person—

(a)has a right of permanent residence in the United Kingdom by virtue of an enforceable EU right or of any provision made under section 2(2) of the European Communities Act 1972;

(b)is exempt from immigration control; or

(c)is settled in the United Kingdom (within the meaning of the Immigration Act 1971 — see section 33(2A) of that Act).

(3)The question of whether a person is exempt from immigration control is to be determined in accordance with regulations made for this purpose by the Secretary of State.

(4)A person holds a relevant visa if the person holds a visa or other authorisation that is of a kind specified for this purpose in regulations made by the Secretary of State.

(5)The Secretary of State may not specify a visa or other authorisation under subsection (4) unless the Secretary of State considers that the purpose of issuing that kind of visa or authorisation is, or includes, enabling a person to enter or remain in the United Kingdom to marry or form a civil partnership.

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