PART 4Marriage and civil partnership

CHAPTER 3Other provisions

Persons not relevant nationals etc: marriage on superintendent registrar's certificates

I158Requirement as to giving of notice of marriage or civil partnership

1

Section 19 of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (procedure for marriage in England and Wales) is amended in accordance with subsections (2) and (3).

2

For subsection (1) substitute—

1

This section applies to a marriage that is to be solemnised on the authority of certificates issued by a superintendent registrar under Part 3 of the Marriage Act 1949 (the “1949 Act”) unless each party to the marriage falls within exception A or exception B.

1A

A party to the marriage falls within exception A if the person is a relevant national.

1B

A party to the marriage falls within exception B if—

a

the person is exempt from immigration control, and

b

the notice of marriage is accompanied by the specified evidence required by section 28C(2) of the 1949 Act that the person is exempt from immigration control.

3

For subsection (4) substitute—

4

In this section—

a

a reference to a person being a relevant national, or being exempt from immigration control, has the same meaning as in section 49 of the Immigration Act 2014;

b

notice of marriage” means a notice of marriage given under section 27 of the 1949 Act.

4

Schedule 23 to the Civil Partnership Act 2004 (immigration control and formation of civil partnerships) is amended in accordance with subsections (5) to (9).

5

Before paragraph 1 insert—

A1

1

Part 2 of this Schedule applies to a civil partnership that is to be formed in England and Wales by signing a civil partnership schedule unless each party to the civil partnership falls within exception A or exception B.

2

A party to the civil partnership falls within exception A if the person is a relevant national.

3

A party to the civil partnership falls within exception B if—

a

the person is exempt from immigration control, and

b

the notice of civil partnership is accompanied by the specified evidence required by section 9A(2) that the person is exempt from immigration control.

4

In this paragraph, a reference to a person being a relevant national, or being exempt from immigration control, has the same meaning as in section 49 of the Immigration Act 2014.

6

For paragraph 1(1) substitute—

1

1A

Part 3 of this Schedule applies if—

a

two people wish to register in Scotland as civil partners of each other, and

b

one of them is subject to immigration control.

1B

Part 4 of this Schedule applies if—

a

two people wish to register in Northern Ireland as civil partners of each other, and

b

one of them is subject to immigration control.

7

For paragraph 3 substitute—

3

This Part of this Schedule applies as mentioned in paragraph A1.

8

For paragraph 8 substitute—

8

This Part of this Schedule applies as mentioned in paragraph 1(1A).

9

For paragraph 12 substitute—

12

This Part of this Schedule applies as mentioned in paragraph 1(1B).