Amendment of Schedule 68

1

Schedule 6 (which sets out the modifications subject to which the Immigration and Asylum Act 1999 applies to the Isle of Man) is amended as follows.

2

For paragraph 1 substitute the following—

1

1

Section 10 of the of the 1999 Act15 is modified as follows.

2

In the heading and wherever occurring, for “United Kingdom” substitute “Isle of Man”.

3

For “Secretary of State” wherever occurring substitute “Minister”.

4

In subsection (5), for the words from “an enforceable EU right” to the end, substitute—

—

a

a retained enforceable EU right;

b

any provision made under section 2B of the European Communities (Isle of Man) Act 1973 (an Act of Tynwald) as that provision is modified from time to time; or

c

any provision made under section 2(2) of the European Communities Act 1972 (of Parliament) as that provision is modified from time to time.

5

After subsection (5), insert—

5A

In this section, “retained enforceable EU right” means a right that was created or arose by or under the EU Treaties before the coming into force of this subsection, and—

a

forms part of retained EU law (within the meaning of the European Union and Trade Act 2019 (an Act of Tynwald)) by virtue of section 7 or 8 of that Act; or

b

forms part of retained EU law (within the meaning of the European Union (Withdrawal) Act 2018 (of Parliament)) by virtue of section 3 or 4 of that Act,

as that right is modified from time to time.

3

In paragraph 6, for sub-paragraph (6), substitute—

6

In subsection (5)(c), in sub-paragraphs (i) and (ii) for “United Kingdom” substitute “Isle of Man”.

4

In paragraph 6, after sub-paragraph (6) insert—

7

In subsection (5) —

a

in the definition of “relevant national”, in paragraph (b), omit “other than the United Kingdom”;

b

omit the definition of “United Kingdom immigration law”.

5

In paragraph 6A16, in the text of the inserted section 24A—

a

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 Isle of Man 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 Isle of Man.

b

in subsection (5A)—

i

in the definition of “relevant national” in paragraph (b), omit “other than the United Kingdom”; and

ii

omit the definition of “United Kingdom immigration law”.