The Proposed Marriages and Civil Partnerships (Meaning of Exempt Persons and Notice) Regulations 2015

EXPLANATORY NOTE

(This note is not part of the Regulations)

Part 4 of the Immigration Act 2014 (c. 22) establishes a scheme for the referral of proposed marriages and civil partnerships in England and Wales to the Secretary of State. Part 4 was extended to cover proposed marriages and civil partnerships in Scotland and Northern Ireland by the Referral and Investigation of Proposed Marriages and Civil Partnerships (Scotland) Order (S.I. 2015/xxxx) and the Referral and Investigation of Proposed Marriages and Civil Partnerships (Northern Ireland and Miscellaneous Provisions) Order (S.I. 2015/xxxx).

On receipt of a referral the Secretary of State must decide whether to investigate whether the proposed marriage or civil partnership is a sham. All proposed marriages or civil partnerships where one party is, or both parties are, not exempt must be referred to the Secretary of State. Exempt persons include (amongst others) those are who are exempt from immigration control and those who have a relevant visa. Regulation 3 sets out who is exempt from immigration control for this purpose and regulation 4 specifies the kinds of visa which are relevant visas for this purpose.

Regulations 5 to 7 make provision for giving of notices by the Secretary of State both to the parties to the proposed marriage or civil partnership and to the superintendent registrar or registration authority which has referred the proposed marriage or civil partnership and (if different) the registration authority responsible for issuing the civil partnership schedule. Regulations 5 and 6 provide for the way in which notices may be given and regulation 7 sets out when, unless the contrary is proved, a notice will be presumed to have been given. Regulations 5 to 7 apply in England and Wales only. Separate, but equivalent, provision will be made in respect of Scotland and Northern Ireland in regulations made under Schedule 5 to the Immigration Act 2014.

An impact assessment has not been prepared for these Regulations as no impact on the voluntary or private sectors is foreseen. An impact assessment was prepared in respect of the proposals now forming Part 4 of the Immigration Act 2014 and is available at https://www.gov.uk/government/publications/immigration-bill-part-4-marriage-and-civil-partnership.