Explanatory Note
(This note is not part of the Regulations)
Sections 19 to 25 of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 provide for additional procedures where a marriage is to be solemnised in the United Kingdom and a party to the marriage is subject to immigration control.
Section 19(2)(a) provides that where a marriage is to be solemnised in England and Wales, the notices under section 27 of the Marriage Act 1949 must be given to the superintendent registrar of a registration district which is specified for this purpose in regulations made by the Secretary of State. Similar provision is made in respect of a marriage to be solemnised in Scotland (by section 21(2), notice under section 3 of the Marriage (Scotland) Act 1977 must be submitted to the district registrar of a prescribed registration district) or Northern Ireland (by section 23(2), the marriage notices must be given to a prescribed registrar).
In addition, by sections 19(3), 21(3) and 23(3), the registrar to whom notice is given may not enter notice of the marriage into the marriage book unless satisfied that the party subject to immigration control either (a) has an entry clearance granted for the purpose of enabling him to marry in the United Kingdom, (b) has the written permission of the Secretary of State to marry in the United Kingdom, or (c) falls within a class specified in regulations made by the Secretary of State. Section 25 enables the Secretary of State by regulations to make provision in relation to applications for permission to marry in the United Kingdom.
These Regulations make provision in relation to these additional procedures.
By regulation 3, the registration districts in England and Wales listed in Schedule 1 are specified for the purposes of section 19(2)(a). By regulation 4, every registration district in Scotland is prescribed for the purposes of section 21(2), and by regulation 5, the registrar of every register office in Northern Ireland is prescribed for the purposes of section 23(2).
By regulation 6, a person who is settled in the United Kingdom (as defined in paragraph 6 of the Immigration Rules) is specified for the purposes of sections 19(3)(c), 21(3)(c) and 23(3)(c).
Regulations 7 and 8 make provision in relation to applications for the written permission of the Secretary of State to marry in the United Kingdom. An application must be made in writing and contain the information set out in Schedule 2, and must be accompanied by a fee of £135.