PART 4

Marriage and civil partnership
CHAPTER 2

Sham marriage and civil partnership

Meaning of “sham marriage” and “sham civil partnership”
55
1
The Immigration and Asylum Act 1999 is amended in accordance with this section.
2
In section 24 (duty to report suspicious marriages), for subsection (5) substitute—
5
A marriage (whether or not it is void) is a “sham marriage” if—
a
either, or both, of the parties to the marriage is not a relevant national,
b
there is no genuine relationship between the parties to the marriage, and
c
either, or both, of the parties to the marriage enter into the marriage for one or more of these purposes—
i
avoiding the effect of one or more provisions of United Kingdom immigration law or the immigration rules;
ii
enabling a party to the marriage to obtain a right conferred by that law or those rules to reside in the United Kingdom.
6
In subsection (5)—
- “relevant national” means—
  1. a British citizen,
  2. a national of an EEA State other than the United Kingdom, or
  3. a national of Switzerland;
- “United Kingdom immigration law” includes any subordinate legislation concerning the right of relevant nationals to move between and reside in member States.
.
3
In section 24A (duty to report suspicious civil partnerships), for subsection (5) substitute—
5
A civil partnership (whether or not it is void) is a “sham civil partnership” if—
a
either, or both, of the parties to the civil partnership is not a relevant national,
b
there is no genuine relationship between the parties to the civil partnership, and
c
either, or both, of the parties to the civil partnership enter into the civil partnership for one or more of these purposes—
i
avoiding the effect of one or more provisions of United Kingdom immigration law or the immigration rules;
ii
enabling a party to the civil partnership to obtain a right conferred by that law or those rules to reside in the United Kingdom.
5A
In subsection (5)—
- “relevant national” means—
  1. a British citizen,
  2. a national of an EEA State other than the United Kingdom, or
  3. a national of Switzerland;
- “United Kingdom immigration law” includes any subordinate legislation concerning the right of relevant nationals to move between and reside in member States.
.

Duty to report suspicious marriages and civil partnerships
56
1
The Immigration and Asylum Act 1999 is amended in accordance with this section.
2
In section 24 (duty to report suspicious marriages), in subsection (1)—
a
after paragraph (a) insert—
aa
a superintendent registrar, or registrar of births, deaths and marriages, who receives information in advance of a person giving such a notice,
;
b
at the end of paragraph (c), omit “or”;
c
after paragraph (c) insert—
ca
a district registrar who receives information in advance of a person submitting such a notice or certificate,
;
d
after paragraph (d) insert
or
da
a registrar or deputy registrar who receives information in advance of a person giving such a notice,
.
3
In section 24A (duty to report suspicious civil partnerships), in subsection (1)—
a
after paragraph (a) insert—
aa
a registration authority that receives information in advance of a person giving such a notice,
;
b
at the end of paragraph (c), omit “or”;
c
after paragraph (c) insert—
ca
a district registrar who receives information in advance of a person giving such a notice,
;
d
after paragraph (d) insert
or
da
a registrar who receives information in advance of a person giving such a notice,
.
S. 55 in force at 1.3.2015 by S.I. 2015/371, art. 2(1)(i)
S. 55 extended (Isle of Man) (with modifications) (31.12.2020) by S.I. 2008/680, art. 22(2), Sch. 9A (as amended by The Immigration (Isle of Man) (Amendment) Order 2020 (S.I. 2020/1214), arts. 1, 5, 12 and as further amended (11.11.2021) by The Immigration (Isle of Man) (Amendment) Order 2021 (S.I. 2021/1277), arts. 1(2), 6)