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

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4.—(1) Subject to paragraph (2), the kinds of visa or other authorisation specified for the purpose of section 49(4) of the 2014 Act are—

(a)entry clearance or leave to enter as a visitor under the immigration rules for the purpose of marriage or civil partnership,

(b)entry clearance, leave to enter or leave to remain as a fiancé(e) or proposed civil partner under Appendix FM to the immigration rules,

(c)entry clearance, leave to enter or leave to remain as a fiancé(e) or proposed civil partner under Appendix Armed Forces to the immigration rules,

(d)entry clearance, leave to enter or leave to remain as a fiancé(e) or proposed civil partner given outside the provisions of the immigration rules.

(2) A visa or other authorisation mentioned in paragraph (1) (“a relevant visa”) is specified for the purpose of section 49(4) only if the relevant visa was given to a party in respect of a proposed marriage to, or (as the case may be) a proposed registration of a civil partnership with, the other party (whether or not the other party is named in the relevant visa).

(3) In this regulation—

“entry clearance” has the same meaning as in section 33 of the 1971 Act(1) (interpretation);

“immigration rules” means the rules laid down under section 3(2) of the 1971 Act (general provisions for regulation and control);

“leave to enter” or “leave to remain” means leave to enter, or remain in, the United Kingdom given in accordance with section 3 of the 1971 Act(2).

(1)

The definition of “entry clearance” was amended by section 39(6) of, and paragraph 2 of Schedule 4 to, the British Nationality Act 1981 (c. 61) and section 10 of, and paragraph 5 of the Schedule to, the Immigration Act 1988 (c. 14).

(2)

Relevant amendments made to section 3 are as follows: subsection (1) was amended by section 39(6) of, and paragraphs 2 and 4 of Schedule 4 to, the British Nationality Act 1981 (c. 61), section 12 of, and paragraph 1 of Schedule 2 to, the Asylum and Immigration Act 1996 (c. 49), section 169 of, and paragraphs 43 and 44 of Schedule 14 to, the Immigration and Asylum Act 1999 (c. 33), sections 16 and 58 of, and the Schedule to, the UK Borders Act 2007 (c. 30) and section 50 of the Borders, Citizenship and Immigration Act 2009 (c. 11); and subsection (3) was amended by section 10 of, and paragraph 1 of the Schedule to, the Immigration Act 1988 (c. 14).

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