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

Persons exempt from immigration control

3.—(1) A person (“P”) is exempt from immigration control if P—

(a) has the right of abode in the United Kingdom under section 2(1)(b) of the 1971 Act (Commonwealth citizens with a right of abode)(1),

(b) is exempt from the provisions of the 1971 Act by virtue of section 8(3) or (4) of that Act(2) (exceptions for seamen, aircrews and other special cases),

(c) subject to paragraph (2), is exempt from the provisions of the 1971 Act by virtue of the Immigration (Exemption from Control) Order 1972(3) (“the 1972 Order”), or

(d) is exempt from the provisions of the 1971 Act by virtue of section 20 of the State Immunity Act 1978(4) (heads of State).

(2) Sub-paragraph (c) of paragraph (1) does not apply to a person who is exempt from the provisions of the 1971 Act solely by virtue of article 5 of the 1972 Order.

(1)

Section 2 was substituted by section 39 of the British Nationality Act 1981 (c. 61) and subsection (2) was subsequently amended by section 3 of the Immigration Act 1988 (c. 14).

(2)

Subsection (3) was amended by paragraph 2 of Schedule 4 to the British Nationality Act 1981 and section 4 of the Immigration Act 1988; subsection (3A) (which qualifies subsection (3)) was inserted by section 4 of the Immigration Act 1988 and substituted by section 6 of the Immigration and Asylum Act 1999 (c. 33); subsection (4) was amended by paragraph 2 of Schedule 4 to, the British Nationality Act 1981 and Part 2 of Schedule 1 to the Statute Law (Repeals) Act 1995 (c. 44).

(3)

S.I. 1972/1613 as amended by S.I. 1975/617, S.I. 1977/693, S.I. 1982/1649, S.I. 1985/1809, S.I. 1997/1402, S.I. 1997/2207 and S.I. 2004/3171.

(4)

1978 c. 33.