Immigration Act 2014

49 Exempt persons

(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.