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4. In section 28B of the 1949 Act (provision of evidence)(1), after subsection (1), insert—
“(1A) If a party to the marriage is a relevant national within the meaning of paragraph (ab) of the definition of “relevant national” in section 78(1)(2), the notice of marriage under section 27 must also be accompanied—
(a)where the party falls within paragraph (ab)(i) of that definition, by an electronic certificate which confirms that the leave referred to in that provision has been granted; or
(b)where the party falls within paragraph (ab)(ii) of that definition—
(i)by a certificate of application which confirms that the application referred to in regulation 4 of the Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020(3) has been made; and
(ii)by evidence that the relevant period referred to in regulation 4 of those Regulations has not expired.”.
Section 28B was inserted by paragraph 7 of Schedule 4 to the Immigration Act 2014.
The definition of “relevant national” was inserted by paragraph 17 of schedule 4 to the Immigration Act 2014 and amended by S.I. 2019/745 and is prospectively amended by S.I. 2020/1309 but these amendments are not yet in force.
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