Immigration Act 2014

• (1C) An order prescribing requirements for the purposes of this Chapter which prescribes a description of DVS-registered person may do so by, for example, describing a DVS-registered person whose entry in the DVS register includes a note relating to prescribed services (see section 36 of the Data (Use and Access) Act 2025).

• (2) If the draft of an instrument containing an order under or in connection with this Chapter would, apart from this subsection, be a hybrid instrument for the purposes of the standing orders of either House of Parliament, it is to proceed in that House as if it were not a hybrid instrument.

Transitional provision

35

• (1) This Chapter does not apply in relation to a residential tenancy agreement entered into before the commencement day.

• (2) This Chapter does not apply in relation to a residential tenancy agreement entered into on or after the commencement day (“the renewed agreement”) if—

• (a) another residential tenancy agreement was entered into before the commencement day between the same parties (“the original agreement”), and

• (b) the tenant has always had a right of occupation of the premises leased under the renewed agreement since entering into the original agreement.

• (3) In this section “the commencement day” means such day as the Secretary of State may by order appoint; and different days may be appointed for different purposes or areas.

• (4) References in this section to this Chapter do not include sections 33A to 33E (offences and eviction).

• (5) Sections 33A to 33C apply in relation to a residential tenancy agreement entered into before or after the coming into force of section 39 of the Immigration Act 2016 (which inserted those sections into this Act).

• (6) But sections 33A(10) and (11) and 33B apply only in relation to a contravention of section 22 which occurs after the coming into force of section 39 of the Immigration Act 2016.

• (7) Sections 33D and 33E apply in relation to a residential tenancy agreement entered into before or after the coming into force of section 40 of the Immigration Act 2016 (which inserted those sections into this Act).

Crown application

36

This Chapter binds the Crown, except where the Crown is the responsible landlord for the purposes of section 23 or the landlord for the purposes of section 33A.

Interpretation

37

• (1) In this Chapter—

• “adult” means a person who has attained the age of 18;

• “agreement” includes an agreement in any form (whether or not in writing);

• “eligibility period”, in relation to a limited right occupier, is to be read in accordance with section 27;

• “limited right occupier” has the meaning given in section 24(9);

• “occupy” means occupy as an only or main residence;

• “penalty notice” means a penalty notice given under this Chapter;

• “person with a limited right to rent” has the meaning given in section 21(4);

• “post-grant contravention” has the meaning given in section 22(10);

• “pre-grant contravention” has the meaning given in section 22(10);

• “premises” includes land, buildings, moveable structures, vehicles and vessels;

• “prescribed” means prescribed in an order made by the Secretary of State;

• “recipient” means the recipient of a penalty notice;

• “relevant occupier” has the meaning given in section 22(10);

• “residential tenancy agreement” has the meaning given in section 20(2).

• (2) For the purposes of this Chapter a residential tenancy agreement grants a person a right to occupy premises if—

• (a) the agreement expressly grants that person the right (whether or not by naming the person), or

• (b) the person is permitted to occupy the premises by virtue of an express grant given to another person,

and references to a person occupying premises under an agreement are to be read accordingly.

• (3) A reference in this Chapter to the “prescribed requirements”, in connection with compliance with the requirements at a particular time, is a reference only to such of the requirements as are capable of being complied with at that time.

• (4) Where two or more persons jointly constitute the landlord in relation to a residential tenancy agreement—

• (a) the references to the landlord in—

• (i) section 22(7)(a),

• (ii) section 24(5), (6)(a) and (7), ...

• (iii) section 26(6)(a) and (7)(b),

• (iv) section 33A,

• (v) section 33D, and

• (vi) section 33E,

are to be taken as references to any of those persons;

• (b) any other references to the landlord in this Chapter are to be taken as references to all of those persons.

• (5) Where two or more persons jointly constitute the agent in relation to a residential tenancy agreement—

• (a) the references to the agent in section 26(5), (6)(a) and (7) are to be taken as references to any of those persons;

• (b) any other references to the agent in this Chapter are to be taken as references to all of those persons.

• (6) The Secretary of State may by order prescribe cases in which—

• (a) a residential tenancy agreement is, or is not, to be treated as being entered into for the purposes of this Chapter;

• (b) a person is, or is not, to be treated as occupying premises as an only or main residence for the purposes of this Chapter.

• (7) An order under subsection (6) prescribing a case may modify the application of this Chapter in relation to that case.

• (8) The cases mentioned in subsection (6)(a) include, in particular, cases where—

• (a) an option to renew an agreement is exercised;

• (b) rights of occupation under an agreement are varied;

• (c) an agreement is assigned (whether by the landlord or the tenant);

• (d) a periodic tenancy arises at the end of a fixed term;

• (e) an agreement grants a right of occupation on satisfaction of a condition;

• (f) there is a change in the persons in occupation of the premises leased under an agreement or in the circumstances of any such person.

CHAPTER 2 — Other services etc

National Health Service

Immigration health charge

38

• (1) The Secretary of State may by order provide for a charge to be imposed on—

• (a) persons who apply for immigration permission, or

• (b) any description of such persons.

• (2) “Immigration permission” means—

• (a) leave to enter or remain in the United Kingdom for a limited period,

• (b) entry clearance which, by virtue of provision made under section 3A(3) of the Immigration Act 1971, has effect as leave to enter the United Kingdom for a limited period, or

• (c) any other entry clearance which may be taken as evidence of a person's eligibility for entry into the United Kingdom for a limited period.

• (3) An order under this section may in particular—

• (a) impose a separate charge on a person in respect of each application made by that person;

• (b) specify the amount of any charge (and different amounts may be specified for different purposes);

• (c) make provision about when or how a charge may or must be paid to the Secretary of State;

• (d) make provision about the consequences of a person failing to pay a charge (including provision for the person's application to be refused);

• (e) provide for exemptions from a charge;

• (f) provide for the reduction, waiver or refund of part or all of a charge (whether by conferring a discretion or otherwise).

• (4) In specifying the amount of a charge under subsection (3)(b) the Secretary of State must (among other matters) have regard to the range of health services that are likely to be available free of charge to persons who have been given immigration permission.

• (5) Sums paid by virtue of an order under this section must—

• (a) be paid into the Consolidated Fund, or

• (b) be applied in such other way as the order may specify.

• (6) In this section—

• “entry clearance” has the meaning given by section 33(1) of the Immigration Act 1971;

• “health services” means services provided as part of the health service in England, Wales, Scotland and Northern Ireland;

and the references to applying for leave to enter or remain for a limited period include references to applying for a variation of leave to enter or remain which would result in leave to enter or remain for a limited period.

Related provision: charges for health services

39

• (1) A reference in the NHS charging provisions to persons not ordinarily resident in Great Britain or persons not ordinarily resident in Northern Ireland includes (without prejudice to the generality of that reference) a reference to—

• (a) persons who require leave to enter or remain in the United Kingdom but do not have it, and

• (b) persons who have leave to enter or remain in the United Kingdom for a limited period unless that leave was granted by virtue of residence scheme immigration rules.

• (2) The “NHS charging provisions” are—

• (a) section 175 of the National Health Service Act 2006 (charges in respect of persons not ordinarily resident in Great Britain);

• (b) section 124 of the National Health Service (Wales) Act 2006 (charges in respect of persons not ordinarily resident in Great Britain);

• (c) section 98 of the National Health Service (Scotland) Act 1978 (charges in respect of persons not ordinarily resident in Great Britain);

• (d) Article 42 of the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14)) (provision of services to persons not ordinarily resident in Northern Ireland).

• (3) For the purposes of subsection (1) “residence scheme immigration rules” has the meaning given by section 17 of the European Union (Withdrawal Agreement) Act 2020.

Bank accounts

Prohibition on opening current accounts for disqualified persons

40

• (1) A bank or building society (B) must not open a current account for a person (P) who is within subsection (2) unless—

• (a) B has carried out a status check which indicates that P is not a disqualified person, or

• (b) at the time when the account is opened B is unable, because of circumstances that cannot reasonably be regarded as within its control, to carry out a status check in relation to P.

• (2) A person is within this subsection if he or she—

• (a) is in the United Kingdom, and

• (b) requires leave to enter or remain in the United Kingdom but does not have it.

• (3) For the purposes of this section—

• (a) carrying out a “status check” in relation to P means checking with a specified anti-fraud organisation or a specified data-matching authority whether, according to information supplied to that organisation or authority by the Secretary of State, P is a disqualified person;

• (b) a “disqualified person” is a person within subsection (2) for whom the Secretary of State considers that a current account should not be opened by a bank or building society;

• (c) opening an account for P includes—

• (i) opening a joint account for P and others;

• (ii) opening an account in relation to which P is a signatory or is identified as a beneficiary;

• (iii) adding P as an account holder or as a signatory or identified beneficiary in relation to an account.

• (4) In subsection (3)(a)—

• “anti-fraud organisation” has the same meaning as in section 68 of the Serious Crime Act 2007;

• “data-matching authority” means a person or body conducting data matching exercises, within the meaning of Schedule 9 to the Local Audit and Accountability Act 2014, under or by virtue of that or any other Act;

• “specified” means specified by an order made by the Secretary of State for the purposes of this section.

• (5) Subsection (1)(b) does not apply where—

• (a) a bank or building society is required to pay a reasonable fee for carrying out status checks, and

• (b) its inability to carry out a status check is due to its failure to pay the fee.

• (6) A bank or building society that refuses to open a current account for someone on the ground that he or she is a disqualified person must tell the person, if it may lawfully do so, that that is the reason for its refusal.

• (7) The prohibition in subsection (1) does not apply in the case of an account to be operated (or an account that is operated) by or for a person or body of a description specified in an order made by the Treasury.

Regulation by Financial Conduct Authority

41

• (1) The Treasury may make regulations to enable the Financial Conduct Authority to make arrangements for monitoring and enforcing compliance with the prohibition imposed on banks and building societies by section 40 and the requirements imposed on them by sections 40A, 40B and 40G .

• (2) The regulations may (in particular)—

• (a) provide for the Financial Conduct Authority to be given free access to the information to which banks and building societies are given access when carrying out status checks under section 40 or immigration checks under section 40A ;

• (b) apply, or make provision corresponding to, any of the provisions of the Financial Services and Markets Act 2000, including in particular those mentioned in subsection (3), with or without modification.

• (3) The provisions are—

• (a) provisions about investigations, including powers of entry and search and criminal offences;

• (b) provisions for the grant of an injunction (or, in Scotland, an interdict) in relation to a contravention or anticipated contravention;

• (c) provisions giving the Financial Conduct Authority powers to impose disciplinary measures (including financial penalties) or to give directions;

• (d) provisions giving a Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975) or the Financial Conduct Authority powers to make subordinate legislation;

• (e) provisions for the Financial Conduct Authority to charge fees.

“Bank” and “building society”

42

• (1) In sections 40 to 41 “bank” means an authorised deposit-taker that has its head office or a branch in the United Kingdom.

This is subject to subsection (4).

• (2) In subsection (1) “authorised deposit-taker” means—

• (a) a person who under Part 4A of the Financial Services and Markets Act 2000 has permission to accept deposits;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) A reference in subsection (2) to a person ... with permission to accept deposits does not include a person ... with permission to do so only for the purposes of, or in the course of, an activity other than accepting deposits.

• (4) “Bank” does not include—

• (a) a building society;

• (b) a person who is specified, or is within a class of persons specified, by an order under section 38 of the Financial Services and Markets Act 2000 (exemption orders);

• (c) a credit union within the meaning given by section 31(1) of the Credit Unions Act 1979 or by Article 2(2) of the Credit Unions (Northern Ireland) Order 1985;

• (d) a friendly society within the meaning given by section 116 of the Friendly Societies Act 1992.

• (5) In sections 40 to 41 , and in subsection (4), “building society” means a building society incorporated (or deemed to be incorporated) under the Building Societies Act 1986.

Power to amend

43

• (1) The Treasury may by order amend any of sections 40 to 42 so as—

• (a) to alter the categories of financial institution to which those sections apply;

• (b) to alter the categories of account to which the prohibition in section 40(1) or the requirement in section 40A(1) applies;

• (c) to include provision defining a category of account specified in section 40 or 40A ;

• (d) to provide for the prohibition in section 40(1) not to apply in the case of an account to be operated (or an account that is operated) by or for a person or body of a specified description.

• (2) An order under subsection (1) may amend a section so that it provides for a matter to be specified in a further order to be made by the Treasury.

• (3) In subsection (1) “account” includes a financial product by means of which a payment may be made.

Work

Appeals against penalty notices

44

In section 17 of the Immigration, Asylum and Nationality Act 2006 (appeal), for subsections (4) and (5) substitute—

(4A) An appeal may be brought only if the employer has given a notice of objection under section 16 and the Secretary of State— (a) has determined the objection by issuing to the employer the penalty notice (as a result of increasing the penalty under section 16(4)(c)), (b) has determined the objection by— (i) reducing the penalty under section 16(4)(b), or (ii) taking no action under section 16(4)(d), or (c) has not informed the employer of a decision before the end of the period that applies for the purposes of section 16(5)(b). (4B) An appeal must be brought within the period of 28 days beginning with the relevant date. (4C) Where the appeal is brought under subsection (4A)(a), the relevant date is the date specified in the penalty notice issued in accordance with section 16(5)(c) as the date on which it is given. (4D) Where the appeal is brought under subsection (4A)(b), the relevant date is the date specified in the notice informing the employer of the decision for the purposes of section 16(5)(b) as the date on which it is given. (4E) Where the appeal is brought under subsection (4A)(c), the relevant date is the date on which the period that applies for the purposes of section 16(5)(b) ends.

Recovery of sums payable under penalty notices

45

In section 18 of the Immigration, Asylum and Nationality Act 2006 (enforcement), for subsections (1) and (2) substitute—

(1) This section applies where a sum is payable to the Secretary of State as a penalty under section 15. (1A) In England and Wales the penalty is recoverable as if it were payable under an order of the county court. (1B) In Scotland, the penalty may be enforced in the same manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland. (1C) In Northern Ireland the penalty is recoverable as if it were payable under an order of a county court in Northern Ireland. (1D) Where action is taken under this section for the recovery of a sum payable as a penalty under section 15, the penalty is— (a) in relation to England and Wales, to be treated for the purposes of section 98 of the Courts Act 2003 (register of judgments and orders etc) as if it were a judgment entered in the county court; (b) in relation to Northern Ireland, to be treated for the purposes of Article 116 of the Judgments Enforcement (Northern Ireland) Order 1981 (S.I. 1981/226 (N.I. 6)) (register of judgments) as if it were a judgment in respect of which an application has been accepted under Article 22 or 23(1) of that Order.

Driving licences

Grant of driving licences: residence requirement

46

• (1) In section 97 of the Road Traffic Act 1988 (grant of licences), in the opening words of subsection (1), after “who” insert “ meets the relevant residence requirement (see section 97A) and ”.

• (2) After that section insert—

(97A) (1) For the purposes of an application under section 97, a person meets the relevant residence requirement if, on the date the application is made— (a) in the case of an application that is made by virtue of section 89(1)(ea) (application by holder of Community licence), the applicant is lawfully resident in the United Kingdom and— (i) is also normally resident in the United Kingdom, or (ii) has been attending a course of study in the United Kingdom during the period of six months ending on that date; (b) in the case of an application that is made by virtue of section 89(1)(f) (application by holder of exchangeable licence), the applicant is normally and lawfully resident in Great Britain but has not been so resident for more than the prescribed period; (c) in the case of an application that is made by virtue of section 97(2) (application for provisional licence), the applicant is lawfully resident in Great Britain and the Secretary of State is satisfied that the applicant will remain so for not less than 185 days; and (d) in any other case, the applicant is normally and lawfully resident in Great Britain. (2) For the purposes of subsection (1) a person is not lawfully resident in Great Britain or the United Kingdom if the person requires leave to enter or remain in the United Kingdom but does not have it.

• (3) In Article 13 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)) (grant of licences), in the opening words of paragraph (1), after “who” insert “ meets the relevant residence requirement (see Article 13A) and ”.

• (4) After that Article insert—

(13A) (1) For the purposes of an application under Article 13, a person meets the relevant residence requirement if, on the date the application is made— (a) in the case of an application that is made by virtue of Article 5(1)(ea) (application by holder of Community licence), the applicant is lawfully resident in the United Kingdom and— (i) is also normally resident in the United Kingdom, or (ii) has been attending a course of study in the United Kingdom during the period of six months ending on that date; (b) in the case of an application that is made by virtue of Article 5(1)(f) (application by holder of exchangeable licence), the applicant is normally and lawfully resident in Northern Ireland but has not been so resident for more than the prescribed period; (c) in the case of an application that is made by virtue of Article 13(2) (application for provisional licence), the applicant is lawfully resident in Northern Ireland and the Department is satisfied that the applicant will remain so for not less than 185 days; and (d) in any other case, the applicant is normally and lawfully resident in Northern Ireland. (2) For the purposes of paragraph (1) a person is not lawfully resident in Northern Ireland or the United Kingdom if the person requires leave to enter or remain in the United Kingdom but does not have it.

Revocation of driving licences on grounds of immigration status

47

• (1) In section 99 of the Road Traffic Act 1988 (duration of licences)—

• (a) after subsection (3) insert—

(3ZA) Where it appears to the Secretary of State that a licence holder is not lawfully resident in the United Kingdom, the Secretary of State may serve notice in writing on that person revoking the licence and requiring the person to surrender the licence and its counterpart forthwith to the Secretary of State, and it is the duty of that person to comply with the requirement. (3ZB) For the purposes of subsection (3ZA) a person is not lawfully resident in the United Kingdom if the person requires leave to enter or remain in the United Kingdom but does not have it.

;

• (b) in subsection (5), after “(3)” insert “ , (3ZA) ”;

• (c) in subsection (7ZZA)—

• (i) after “(3)” insert “ , (3ZA) ”;

• (ii) after “subsections and” insert “ , except in the case of a licence and counterpart surrendered in pursuance of subsection (3ZA), ”.

• (2) In section 100 of that Act (appeals)—

• (a) in subsection (1)(c), after “99(3)” insert “ , (3ZA) ”;

• (b) at the end insert—

(4) In any proceedings under this section about the revocation of a licence in pursuance of section 99(3ZA) (revocation on grounds of immigration status), the court or sheriff is not entitled to entertain any question as to whether— (a) the appellant should be, or should have been, granted leave to enter or remain in the United Kingdom, or (b) the appellant has, after the date that the Secretary of State served notice under section 99(3ZA), been granted leave to enter or remain in the United Kingdom.

• (3) In Article 15 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)) (duration of licences)—

• (a) after paragraph (5) insert—

(5ZA) Where it appears to the Department that a licence holder is not lawfully resident in the United Kingdom, the Department may serve notice in writing on that person revoking the licence and requiring the person to surrender the licence and its counterpart forthwith to the Department, and it is the duty of that person to comply with the requirement. (5ZB) For the purposes of paragraph (5ZA) a person is not lawfully resident in the United Kingdom if the person requires leave to enter or remain in the United Kingdom but does not have it.

;

• (b) in paragraph (7), after “(5)” insert “ , (5ZA) ”.

• (4) In Article 16 of that Order (appeals)—

• (a) in paragraph (1)(c), after “15(5)” insert “ , (5ZA) ”;

• (b) at the end insert—

(4) In any proceedings under this Article about the revocation of a licence in pursuance of Article 15(5ZA) (revocation on grounds of immigration status), the court is not entitled to entertain any question as to whether— (a) the appellant should be, or should have been, granted leave to enter or remain in the United Kingdom, or (b) the appellant has, after the date that the Department served notice under Article 15(5ZA), been granted leave to enter or remain in the United Kingdom.

PART 4 — Marriage and civil partnership

CHAPTER 1 — Referral and investigation of proposed marriages and civil partnerships

Investigation

Decision whether to investigate

48

• (1) This section applies if—

• (a) a superintendent registrar refers a proposed marriage to the Secretary of State under section 28H of the Marriage Act 1949, or

• (b) a registration authority refers a proposed civil partnership to the Secretary of State under section 12A of the Civil Partnership Act 2004.

• (1A) This section also applies if—

• (a) a registrar refers a proposed marriage to the Secretary of State under Article 3E of the Marriage (Northern Ireland) Order 2003, or

• (b) a registrar refers a proposed civil partnership to the Secretary of State under section 139E of the Civil Partnership Act 2004.

• (1B) This section also applies if—

• (a) a district registrar refers a proposed marriage to the Secretary of State under section 3F of the Marriage (Scotland) Act 1977, or

• (b) a district registrar refers a proposed civil partnership to the Secretary of State under section 88F of the Civil Partnership Act 2004.

• (2) The Secretary of State must decide whether to investigate whether the proposed marriage or civil partnership is a sham.

• (3) The Secretary of State may not decide to conduct such an investigation unless conditions A and B are met.

• (4) Condition A is met if the Secretary of State is satisfied that—

• (a) only one of the parties to the proposed marriage or civil partnership is an exempt person, or

• (b) neither of the parties are exempt persons.

• (5) Condition B is met if the Secretary of State has reasonable grounds for suspecting that the proposed marriage or civil partnership is a sham.

• (6) In making the decision whether to investigate, regard must be had to any guidance published by the Secretary of State for this purpose.

• (7) In the case of a proposed marriage referred to the Secretary of State as mentioned in subsection (1)(a), the Secretary of State must give notice of the decision made under this section to—

• (a) both of the parties to the proposed marriage, ...

• (b) the superintendent registrar who referred the proposed marriage to the Secretary of State , and

• (c) if different, the superintendent registrar responsible for issuing the marriage schedule under section 31 of the Marriage Act 1949 in relation to the proposed marriage.

• (8) In the case of a proposed civil partnership referred to the Secretary of State as mentioned in subsection (1)(b), the Secretary of State must give notice of the decision made under this section to—

• (a) both of the parties to the proposed civil partnership,

• (b) the registration authority who referred the proposed civil partnership to the Secretary of State, and

• (c) if different, the registration authority responsible for issuing the civil partnership schedule under section 14(1) of the Civil Partnership Act 2004 in relation to the proposed civil partnership.

• (8A) In the case of a proposed marriage referred to the Secretary of State as mentioned in subsection (1A)(a), the Secretary of State must give notice of the decision made under this section to—

• (a) both of the parties to the proposed marriage, and

• (b) the registrar who referred the proposed marriage to the Secretary of State.

• (8B) In the case of a proposed civil partnership referred to the Secretary of State as mentioned in subsection (1A)(b), the Secretary of State must give notice of the decision made under this section to—

• (a) both of the parties to the proposed civil partnership, and

• (b) the registrar who referred the proposed civil partnership to the Secretary of State.

• (8C) In the case of a proposed marriage referred to the Secretary of State as mentioned in subsection (1B)(a), the Secretary of State must give notice of the decision made under this section to—

• (a) both of the parties to the proposed marriage, and

• (b) the district registrar who referred the proposed marriage to the Secretary of State.

• (8D) In the case of a proposed civil partnership referred to the Secretary of State as mentioned in subsection (1B)(b), the Secretary of State must give the notice of the decision made under this section to—

• (a) both of the parties to the proposed civil partnership, and

• (b) the district registrar who referred the proposed civil partnership to the Secretary of State.

• (9) The Secretary of State must make the decision, and give the notice, required by this section within the relevant statutory period.

Exempt persons

49

• (1) A person who is a party to a proposed marriage or civil partnership is an exempt person if the person—

• (a) is a relevant national;

• (b) has the appropriate immigration status; or

• (c) holds a relevant visa in respect of the proposed marriage or civil partnership.

• (2) A person has the appropriate immigration status if the person—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) is exempt from immigration control; or

• (c) is settled in the United Kingdom (within the meaning of the Immigration Act 1971 — see section 33(2A) of that Act).

• (2A) “Retained enforceable EU right” means a right that—

• (a) was created or arose by or under the EU Treaties before the coming into force of this subsection, and

• (b) forms part of retained EU law by virtue of section 3 or 4 of the European Union (Withdrawal) Act 2018,

as that right is modified from time to time.

• (3) The question of whether a person is exempt from immigration control is to be determined in accordance with regulations made for this purpose by the Secretary of State.

• (4) A person holds a relevant visa if the person holds a visa or other authorisation that is of a kind specified for this purpose in regulations made by the Secretary of State.

• (5) The Secretary of State may not specify a visa or other authorisation under subsection (4) unless the Secretary of State considers that the purpose of issuing that kind of visa or authorisation is, or includes, enabling a person to enter or remain in the United Kingdom to marry or form a civil partnership.

Conduct of investigation

50

• (1) An investigation must be conducted in accordance with any regulations made by the Secretary of State for this purpose.

• (2) In conducting an investigation, regard must also be had to any guidance published by the Secretary of State for this purpose.

• (3) A relevant party must comply with a requirement specified in regulations made under section 51(4) if—

• (a) the section 48 notice given to the relevant party states that he or she must do so, or

• (b) the Secretary of State subsequently notifies the relevant party (orally or in writing) that he or she must do so;

and the relevant party must comply with that requirement in the manner stated in the section 48 notice or in the Secretary of State's notification (if such a manner is stated there).

• (4) As part of an investigation, the Secretary of State must decide whether or not each of the relevant parties has complied with the investigation (the “compliance question”).

• (5) The compliance question must be decided in accordance with any regulations made by the Secretary of State for this purpose.

• (6) In deciding the compliance question, regard must also be had to any guidance published by the Secretary of State for this purpose.

• (7) Within the 70 day period, the Secretary of State must—

• (a) decide the compliance question; and

• (b) give notice of that decision to the persons to whom the Secretary of State gave the section 48 notice relating to the proposed marriage or civil partnership.

• (8) If the Secretary of State's decision is that one or both of the relevant parties have not complied with the investigation, the notice under subsection (7) must include a statement of the Secretary of State's reasons for reaching that decision.

• (9) Regulations made under this section may, in particular, make provision about—

• (a) the circumstances in which a relevant party is to be taken to have failed to comply with a relevant requirement;

• (b) the consequences of a relevant party's failure to comply with a relevant requirement.

• (10) The provision that may be made under subsection (9)(b) includes provision for the compliance question to be decided (in whole or in part) by reference to a relevant party's compliance or non-compliance with one or more relevant requirements.

• (11) In this section—

• “70 day period” means the period of 70 days beginning with the day on which the relevant statutory period begins;

• “investigation” means an investigation, conducted following a decision by the Secretary of State under section 48, whether a proposed marriage or civil partnership is a sham;

• “relevant party” means a person who is a party to a proposed marriage or civil partnership that is the subject of an investigation;

• “relevant requirement” in relation to a proposed marriage or civil partnership under the law of England and Wales, means any requirement imposed by law, including a requirement imposed by or in accordance with—subsection (3);section 27E, 28B or 28C of the Marriage Act 1949;regulations under section 28D of that Act;section 8A, or any of sections 9 to 9B, of the Civil Partnership Act 2004.

• “relevant requirement” in relation to a proposed marriage or civil partnership under the law of Northern Ireland, means any requirement imposed by law, including a requirement imposed by or in accordance with—subsection (3);regulations under paragraph 4 of Schedule 5;Article 3A or 3B of the Marriage (Northern Ireland) Order 2003;Article 5 of the Marriage (Northern Ireland) Order 2003 so far as that requirement relates to nationality;section 139A or 139B of the Civil Partnership Act 2004;section 141 of the Civil Partnership Act 2004 so far as that requirement relates to nationality.

• “relevant requirement” in relation to a proposed marriage or civil partnership under the law of Scotland, means any requirement imposed by law including a requirement imposed by or in accordance with—subsection (3);regulations under paragraph 4 of Schedule 5;section 3(4A), 3A or 3B of the Marriage (Scotland) Act 1977;section 88(8), 88A or 88B of the Civil Partnership Act 2004.

Investigations: supplementary

51

• (1) A section 48 notice which states that the Secretary of State has decided to investigate whether a proposed marriage or civil partnership is a sham must include—

• (a) notice that the compliance question must be decided within the period of 70 days mentioned in section 50(7);

• (b) notice of the date on which that period will end;

• (c) notice that a relevant party may be required to comply with one or more requirements imposed by the Secretary of State subsequently in accordance with section 50(3); and

• (d) prescribed information about the investigation.

• (2) The section 48 notice may also include such other information as the Secretary of State considers appropriate.

• (3) For the purposes of subsection (1)(d) “prescribed information” means information prescribed by the Secretary of State by regulations; and the information that may be prescribed includes information about—

• (a) the conduct of the investigation;

• (b) requirements with which the relevant parties must comply in relation to the investigation;

• (c) the consequence of a failure to comply with those or any other requirements;

• (d) the possible outcomes of the investigation;

• (e) the consequences of those outcomes.

• (4) The Secretary of State may, by regulations, specify requirements relating to the conduct of investigations which may be imposed on a relevant party by the section 48 notice or by the Secretary of State subsequently in accordance with section 50(3).

• (5) Regulations made under subsection (4) may, in particular, specify any of the following requirements—

• (a) a requirement to make contact with a particular person or description of persons in a particular way (including by telephoning a particular number) within a particular time period;

• (b) a requirement to be present at a particular place at a particular time;

• (c) a requirement to be visited at home;

• (d) a requirement to be interviewed;

• (e) a requirement to provide information (whether orally or in writing);

• (f) a requirement to provide photographs;

• (g) a requirement to provide evidence.

• (6) The provisions of this Part, and any investigation or other steps taken under those provisions (including the decision of the compliance question), do not limit the powers of the Secretary of State in relation to marriages or civil partnerships that are, or are suspected to be, a sham (including any powers to investigate such marriages or civil partnerships).

• (7) In this section “investigation”, “relevant party” and “compliance question” have the same meanings as in section 50.

Referral

Referral of proposed marriages and civil partnerships in England and Wales

52

Schedule 4 (referral of proposed marriages and civil partnerships in England and Wales) has effect.

Scotland and Northern Ireland

Extension of scheme to Scotland and Northern Ireland

53

• (1) The Secretary of State may, by order, make such provision as the Secretary of State considers appropriate for extending the referral and investigation scheme to any of the following—

• (a) proposed marriages under the law of Scotland;

• (b) proposed civil partnerships under the law of Scotland;

• (c) proposed marriages under the law of Northern Ireland;

• (d) proposed civil partnerships under the law of Northern Ireland.

• (2) An order under this section may—

• (a) make provision having a similar effect to the provision made by section 58, Schedule 4, or Parts 1, 2 and 4 of Schedule 6;

• (b) confer functions on any person;

• (c) amend, repeal or revoke any enactment (including an enactment contained in this Act).

• (3) The power under subsection (2)(b) to confer functions includes power to impose a duty of referral on persons exercising functions in Scotland or Northern Ireland in relation to marriage or civil partnership.

• (4) But an order under this section may not impose that or any other duty, or otherwise confer functions, on—

• (a) the Scottish Ministers,

• (b) the First Minister and deputy First Minister in Northern Ireland,

• (c) a Northern Ireland Minister, or

• (d) a Northern Ireland department.

• (5) In this section—

• “duty of referral” means a duty to refer a proposed marriage or proposed civil partnership to the Secretary of State in a case where—one of the parties is not an exempt person, orboth of the parties are not exempt persons;

• “enactment” includes—an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978;an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament;an enactment contained in, or in an instrument made under, Northern Ireland legislation;

• “referral and investigation scheme” means the provision made by sections 48 to 51.

Supplementary provision

54

• (1) This section applies if the referral and investigation scheme is extended by an order under section 53 (an “extension order”).

• (2) The Secretary of State may make administrative regulations in connection with the application of the scheme—

• (a) to proposed marriages or civil partnerships under the law of Scotland (insofar as the scheme is extended to them), and

• (b) to proposed marriages or civil partnerships under the law of Northern Ireland (insofar as the scheme is extended to them).

• (3) For that purpose “administrative regulations” means regulations of any kind set out in Schedule 5 (sham marriage and civil partnership: administrative regulations).

• (4) The Secretary of State may by order make provision about—

• (a) the information that must or may be given, or

• (b) the matters in respect of which evidence must or may be given,

in relation to proposed marriages or civil partnerships under the law of Scotland or Northern Ireland in cases where one or both of the parties is not a relevant national.

• (5) An order under subsection (4) may amend, repeal or revoke any enactment (including an enactment contained in this Act or in provision made by an extension order or an order under subsection (4)).

• (6) If an extension order makes provision (“information disclosure provision”) having similar effect to the provision made by paragraph 2 of Schedule 6 about the disclosure of information for immigration purposes, the Secretary of State may by order specify other immigration purposes (in addition to those specified in provision made by an extension order or in any provision made under this subsection) for which information may be disclosed under the information disclosure provision.

• (7) The Secretary of State must consult—

• (a) the Registrar General for Scotland before making administrative regulations, or an order under subsection (4), in relation to proposed marriages or civil partnerships under the law of Scotland;

• (b) the Registrar General for Northern Ireland before making administrative regulations, or an order under subsection (4), in relation to proposed marriages or civil partnerships under the law of Northern Ireland.

• (8) Expressions used in this section or Schedule 5 that are also used in section 53 have the same meanings in this section or Schedule 5 as in section 53.

CHAPTER 2 — Sham marriage and civil partnership

Meaning of “sham marriage” and “sham civil partnership”

55

• (1) The Immigration and Asylum Act 1999 is amended in accordance with this section.

• (2) In section 24 (duty to report suspicious marriages), for subsection (5) substitute—

(5) A marriage (whether or not it is void) is a “sham marriage” if— (a) either, or both, of the parties to the marriage is not a relevant national, (b) there is no genuine relationship between the parties to the marriage, and (c) either, or both, of the parties to the marriage enter into the marriage for one or more of these purposes— (i) avoiding the effect of one or more provisions of United Kingdom immigration law or the immigration rules; (ii) enabling a party to the marriage to obtain a right conferred by that law or those rules to reside in the United Kingdom. (6) In subsection (5)— - “relevant national” means— 1. a British citizen, 2. a national of an EEA State other than the United Kingdom, or 3. a national of Switzerland; - “United Kingdom immigration law” includes any subordinate legislation concerning the right of relevant nationals to move between and reside in member States.

.

• (3) In section 24A (duty to report suspicious civil partnerships), 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 United Kingdom 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 United Kingdom. (5A) In subsection (5)— - “relevant national” means— 1. a British citizen, 2. a national of an EEA State other than the United Kingdom, or 3. a national of Switzerland; - “United Kingdom immigration law” includes any subordinate legislation concerning the right of relevant nationals to move between and reside in member States.

.

Duty to report suspicious marriages and civil partnerships

56

• (1) The Immigration and Asylum Act 1999 is amended in accordance with this section.

• (2) In section 24 (duty to report suspicious marriages), in subsection (1)—

• (a) after paragraph (a) insert—

(aa) a superintendent registrar, or registrar of births, deaths and marriages, who receives information in advance of a person giving such a notice,

;

• (b) at the end of paragraph (c), omit “or”;

• (c) after paragraph (c) insert—

(ca) a district registrar who receives information in advance of a person submitting such a notice or certificate,

;

• (d) after paragraph (d) insert

or (da) a registrar or deputy registrar who receives information in advance of a person giving such a notice,

.

• (3) In section 24A (duty to report suspicious civil partnerships), in subsection (1)—

• (a) after paragraph (a) insert—

(aa) a registration authority that receives information in advance of a person giving such a notice,

;

• (b) at the end of paragraph (c), omit “or”;

• (c) after paragraph (c) insert—

(ca) a district registrar who receives information in advance of a person giving such a notice,

;

• (d) after paragraph (d) insert

or (da) a registrar who receives information in advance of a person giving such a notice,

.

CHAPTER 3 — Other provisions

Persons not relevant nationals etc: marriage on superintendent registrar's certificates

Solemnization of marriage according to rites of Church of England

57

• (1) The Marriage Act 1949 is amended in accordance with this section.

• (2) In section 5 (methods of authorising marriages)—

• (a) at the beginning insert—

(1)

;

• (b) in the words after paragraph (d), for “except that paragraph (a)” substitute—

(2) Subsection (1)(a)

;

• (c) at the end insert—

(3) In a case where one or both of the persons whose marriage is to be solemnized is not a relevant national— (a) subsection (1)(a) shall not apply unless the banns are published in accordance with section 14 (whether or not the banns are also published otherwise); (b) subsection (1)(c) shall not apply.

.

• (3) In section 8 (notice to clergy before publication of banns)—

• (a) at the beginning insert—

(1)

;

• (b) for “delivered to him a notice” substitute

delivered to him— (a) a notice

;

• (c) at the end insert

, and (b) specified evidence that both of the persons are relevant nationals. (2) In this section “specified evidence” means evidence that is in accordance with regulations made under section 28G.

.

• (4) In section 16 (provisions as to common licences), before subsection (2) insert—

(1C) A common licence shall not be granted unless the persons to be married deliver to the person granting the licence specified evidence that both of the persons are relevant nationals. (1D) For that purpose “specified evidence” means evidence that is in accordance with regulations made under section 28G.

.

Requirement as to giving of notice of marriage or civil partnership

58

• (1) Section 19 of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (procedure for marriage in England and Wales) is amended in accordance with subsections (2) and (3).

• (2) For subsection (1) substitute—

(1) This section applies to a marriage that is to be solemnised on the authority of certificates issued by a superintendent registrar under Part 3 of the Marriage Act 1949 (the “1949 Act”) unless each party to the marriage falls within exception A or exception B. (1A) A party to the marriage falls within exception A if the person is a relevant national. (1B) A party to the marriage falls within exception B if— (a) the person is exempt from immigration control, and (b) the notice of marriage is accompanied by the specified evidence required by section 28C(2) of the 1949 Act that the person is exempt from immigration control.

.

• (3) For subsection (4) substitute—

(4) In this section— (a) a reference to a person being a relevant national, or being exempt from immigration control, has the same meaning as in section 49 of the Immigration Act 2014; (b) “notice of marriage” means a notice of marriage given under section 27 of the 1949 Act.

.

• (4) Schedule 23 to the Civil Partnership Act 2004 (immigration control and formation of civil partnerships) is amended in accordance with subsections (5) to (9).

• (5) Before paragraph 1 insert—

(A1) (1) Part 2 of this Schedule applies to a civil partnership that is to be formed in England and Wales by signing a civil partnership schedule unless each party to the civil partnership falls within exception A or exception B. (2) A party to the civil partnership falls within exception A if the person is a relevant national. (3) A party to the civil partnership falls within exception B if— (a) the person is exempt from immigration control, and (b) the notice of civil partnership is accompanied by the specified evidence required by section 9A(2) that the person is exempt from immigration control. (4) In this paragraph, a reference to a person being a relevant national, or being exempt from immigration control, has the same meaning as in section 49 of the Immigration Act 2014.

.

• (6) For paragraph 1(1) substitute—

(1) (1A) Part 3 of this Schedule applies if— (a) two people wish to register in Scotland as civil partners of each other, and (b) one of them is subject to immigration control. (1B) Part 4 of this Schedule applies if— (a) two people wish to register in Northern Ireland as civil partners of each other, and (b) one of them is subject to immigration control.

.

• (7) For paragraph 3 substitute—

(3) This Part of this Schedule applies as mentioned in paragraph A1.

.

• (8) For paragraph 8 substitute—

(8) This Part of this Schedule applies as mentioned in paragraph 1(1A).

.

• (9) For paragraph 12 substitute—

(12) This Part of this Schedule applies as mentioned in paragraph 1(1B).

.

Information

Information

59

Schedule 6 (information) has effect.

Miscellaneous

Regulations about evidence

60

• (1) The Secretary of State may make regulations about evidence relevant to the determination of any of the following questions for a purpose of this Part—

• (a) whether a person is a relevant national;

• (b) whether a person has the appropriate immigration status;

• (c) whether a person has a relevant visa.

• (2) The regulations may, in particular, make provision about—

• (a) the kind of evidence which is to be supplied;

• (b) the form in which evidence is to be supplied;

• (c) the manner in which evidence is to be supplied;

• (d) the period within which evidence is to be supplied;

• (e) the supply of further evidence;

• (f) the sufficiency of evidence supplied;

• (g) the consequences of failing to supply sufficient evidence in accordance with the regulations (including provision to secure that, in such a case, a particular decision is made or is to be treated as having been made);

• (h) the retention or copying of evidence supplied.

• (3) The Secretary of State must consult the Registrar General before making regulations under this section.

• (4) In this section “evidence” includes a photograph or other image.

Notices

61

• (1) The Secretary of State may, by regulations, make provision about the giving of—

• (a) notices under any provision of this Part;

• (b) notices relating to the referral of proposed marriages under section 28H of the Marriage Act 1949 which are given under any provision of that Act;

• (c) notices relating to the referral of proposed civil partnerships under section 12A of the Civil Partnership Act 2004 which are given under any provision of that Act.

• (2) The regulations may, in particular, make provision that a notice given in accordance with the regulations is to be presumed to have been received by the person to whom it is given.

• (3) The Secretary of State must consult the Registrar General before making regulations under this section.

Interpretation of this Part

62

• (1) These expressions have the meanings given—

• “exempt person” has the meaning given in section 49;

• “registrar” means a registrar of births, deaths and marriages;

• “Registrar General” means—in relation to regulations that apply to proposed marriages or civil partnerships under the law of England and Wales, the Registrar General for England and Wales;in relation to regulations that apply to proposed marriages or civil partnerships under the law of Northern Ireland, the Registrar General for Northern Ireland; in relation to regulations that apply to proposed marriages or civil partnerships under the law of Scotland, the Registrar General for Scotland.

• “registration authority” has the same meaning as in the Civil Partnership Act 2004 (see section 28 of that Act);

• “relevant national” means—a British citizen, an Irish citizen; a person who is not an Irish citizen who— has leave to enter or remain in the United Kingdom which was granted by virtue of residence scheme immigration rules within the meaning given by section 17 of the European Union (Withdrawal Agreement) Act 2020, oris an applicant for the purposes of regulation 4 of the Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020 (applications which have not been finally determined by the deadline) where the relevant period within the meaning of that regulation has not expired;......

• “relevant statutory period” means—in relation to a proposed marriage under the law of England and Wales, the period—beginning the day after notice of the proposed marriage is recorded in the marriage register in accordance with Part 3 of the Marriage Act 1949, ... andending at the end of the period of 28 days beginning with that day; in relation to a proposed marriage under the law of Northern Ireland, the period—beginning the day on which the record of the proposed marriage is made in the marriage notice book in accordance with Article 4 of the Marriage (Northern Ireland) Order 2003; andending at the end of the period of 28 days beginning with that day; in relation to a proposed marriage under the law of Scotland, the period— beginning the day after receipt by the district registrar of the marriage notice (as entered by the district registrar in the marriage notice book in accordance with section 4(1) of the Marriage (Scotland) Act 1977), andending at the end of the period of 28 days beginning with that day;in relation to a proposed civil partnership under the law of England and Wales, the period—beginning the day after notice of the proposed civil partnership is recorded in the register in accordance with Chapter 1 of Part 2 of the Civil Partnership Act 2004, andending at the end of the period of 28 days beginning with that day; in relation to a proposed civil partnership under the law of Northern Ireland, the period— beginning the day on which the record of the proposed civil partnership is made in the civil partnership notice book in accordance with section 140(1) of the Civil Partnership Act 2004, andending at the end of the period of 28 days beginning with that day; in relation to a proposed civil partnership under the law of Scotland, the period— beginning the day after the particulars of the proposed civil partnership are entered in the civil partnership book in accordance with section 89(1) of the Civil Partnership Act 2004, andending at the end of the period of 28 days beginning with that day;

• “section 48 notice” means— in relation to a proposed marriage or civil partnership under the law of England and Wales, a notice given under section 48(7) or (8),in relation to a proposed marriage or civil partnership under the law of Northern Ireland, a notice given under section 48(8A) or (8B), in relation to a proposed marriage or civil partnership under the law of Scotland, a notice given under section 48(8C) or (8D);

• “superintendent registrar” means a superintendent registrar of births, deaths and marriages.

• (2) A reference to a person being a party to a proposed marriage or civil partnership is a reference to a person who would be a party to the marriage or civil partnership if it took place as proposed.

• (3) A reference to a proposed marriage or civil partnership being a sham is a reference to a marriage or civil partnership which would (if it took place as proposed) be a sham marriage or sham civil partnership (within the meaning of the Immigration and Asylum Act 1999 — see section 24 or 24A of that Act).

• (4) For provision about the interpretation of the following expressions, see section 49—

• (a) the appropriate immigration status;

• (b) a relevant visa.

• (5) This section, and the provision mentioned in subsection (4), apply for the purposes of this Part.

PART 5 — Oversight

Office of the Immigration Services Commissioner

Immigration advisers and immigration service providers

63

Schedule 7 (immigration advisers and immigration service providers) has effect.

Police Ombudsman for Northern Ireland

Police Ombudsman for Northern Ireland

64

After section 60ZA of the Police (Northern Ireland) Act 1998 insert—

(60ZB) (1) The Ombudsman and the Secretary of State may enter into an agreement to establish, in relation to the exercise of specified enforcement functions by relevant officials, procedures which correspond to or are similar to any of those established by virtue of this Part. (2) Where no such procedures are in force in relation to a particular kind of relevant official, the Secretary of State may by order establish such procedures in relation to the exercise of specified enforcement functions by that kind of relevant official. (3) “Relevant officials” means— (a) immigration officers and other officials of the Secretary of State exercising functions relating to immigration or asylum; (b) designated customs officials, and officials of the Secretary of State, exercising customs functions (within the meaning of Part 1 of the Borders, Citizenship and Immigration Act 2009); (c) the Director of Border Revenue exercising customs revenue functions (within the meaning of that Part of that Act), and persons exercising such functions of the Director; (d) persons providing services pursuant to arrangements relating to the discharge of a function within paragraph (a), (b), or (c). (4) “Enforcement functions” includes, in particular— (a) powers of entry, (b) powers to search persons or property, (c) powers to seize or detain property, (d) powers to arrest persons, (e) powers to detain persons, and (f) powers to examine persons or otherwise to obtain information (including powers to take fingerprints or to acquire other personal data). (5) “Specified” means specified in an agreement under subsection (1) or an order under subsection (2). (6) “Immigration officer” means a person appointed under paragraph 1(1) of Schedule 2 to the Immigration Act 1971. (60ZC) (1) An agreement under section 60ZB may at any time be varied or terminated— (a) by the Secretary of State, or (b) by the Ombudsman, with the consent of the Secretary of State. (2) Before making an order under section 60ZB the Secretary of State must consult the Ombudsman and such persons as the Secretary of State thinks appropriate. (3) An agreement or order under section 60ZB may provide for payment by the Secretary of State to or in respect of the Ombudsman. (4) An agreement or order under section 60ZB must relate only to the exercise of enforcement functions— (a) wholly in Northern Ireland, or (b) partly in Northern Ireland and partly in another part of the United Kingdom. (5) An agreement or order under section 60ZB must relate only to the exercise of enforcement functions on or after the day on which the agreement or order is made. (6) An agreement or order under section 60ZB must not provide for procedures in relation to so much of any complaint or matter as relates to functions conferred by or under Part 8 of the Immigration and Asylum Act 1999 (detained persons & removal centres etc.).

PART 6 — Miscellaneous

Citizenship

Persons unable to acquire citizenship: natural father not married to mother

65

After section 4D of the British Nationality Act 1981 insert—