Legalize / United Kingdom / Statutory-Instrument

The Sham Marriage and Civil Partnership (Scotland and Northern Ireland) (Administrative) Regulations 2015

Type Statutory-Instrument

Publication 2015-02-26

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

Reform history JSON API PDF

Made: 26th February 2015

Laid before Parliament: 27th February 2015

Coming into force: 2nd March 2015

The Secretary of State has extended the referral and investigation scheme to proposed marriages and civil partnerships under the law of Scotland and Northern Ireland by orders made under section 53 of the Immigration Act 2014 (“the Act”) .

Accordingly, the Secretary of State makes the following Regulations in exercise of the powers conferred by sections 54(2) and (3) and 74(8)(d) of, and Schedule 5 to, the Act.

In accordance with section 54(7) of the Act, the Secretary of State has consulted the Registrar General for Scotland and the Registrar General for Northern Ireland before making these Regulations.

PART 1 — General

Citation, commencement and extent

1

(1) These Regulations may be cited as the Sham Marriage and Civil Partnership (Scotland and Northern Ireland) (Administrative) Regulations 2015.

(2) They come into force on 2nd March 2015.

(3) These Regulations extend to Scotland and Northern Ireland only.

Interpretation

2

(1) In these Regulations—

“1971 Act” means the Immigration Act 1971 ,

“1977 Act” means the Marriage (Scotland) Act 1977 ,

“2003 Order” means the Marriage (Northern Ireland) Order 2003 ,

“2004 Act” means the Civil Partnership Act 2004 ,

“2014 Act” means the Immigration Act 2014,

“2015 Regulations” means the Proposed Marriages and Civil Partnerships (Conduct of Investigations, etc) Regulations 2015 ,

“biometric immigration document” has the same meaning as in section 5(1)(a) of the UK Borders Act 2007 ,

“district registrar” in relation to a proposed marriage or civil partnership under the law of Scotland, means a district registrar to whom notice of intention to marry or of proposed civil partnership may be submitted,

“notice” in relation to a notice submitted or (as the case may be) given by a party of their intention to marry or of their proposed civil partnership, means—in relation to a proposed marriage under the law of Scotland, notice submitted under section 3(1) of the 1977 Act ;in relation to a proposed civil partnership under the law of Scotland, notice submitted under section 88 of the 2004 Act;in relation to a proposed marriage under the law of Northern Ireland, notice given under Article 3(1) of the 2003 Order;in relation to a proposed civil partnership under the law of Northern Ireland, notice given under section 139 of the 2004 Act,

“party” means a party to a proposed marriage or civil partnership and “other party” is to be construed accordingly,

“passport” includes any other document designed to serve the same purpose as a passport and which satisfactorily establishes the holder's identity and citizenship,

“registrar” in relation to a proposed marriage or civil partnership under the law of Northern Ireland, means a registrar to whom notice of intention to marry or of proposed civil partnership may be given.

(2) In these Regulations—

(a) a reference to a passport (unless the contrary intention appears) is a reference to a valid passport,

(b) a reference to a party's usual address is a reference to that party's usual address notified in accordance with—

(i) in the case of a proposed marriage under the law of Scotland, section 3A(7) or 3B(5) of the 1977 Act or regulation 11,

(ii) in the case of a proposed civil partnership under the law of Scotland, section 88A(6) or 88B(5) of the 2004 Act or regulation 11,

(iii) in the case of a proposed marriage under the law of Northern Ireland, Article 3A(6) or 3B(5) of the 2003 Order or regulation 11,

(iv) in the case of a proposed civil partnership under the law of Northern Ireland, section 139A(6) or 139B(5) of the 2004 Act or regulation 11.

Retention and copying of evidence

3

(1) This regulation applies where evidence is supplied to the Secretary of State by a party under these Regulations or the 2015 Regulations.

(2) The Secretary of State may—

(a) retain the evidence,

(b) copy the evidence,

in such manner as the Secretary of State thinks appropriate.

(3) In this regulation “evidence” includes—

(a) a photograph or other image,

(b) any evidence rejected by the Secretary of State under regulation 13.

(4) This regulation is without prejudice to any other power the Secretary of State has in respect of such evidence (including powers to share it or disclose information contained in it).

PART 2 — Notices

Notices given by the Secretary of State to a party

4

(1) This regulation applies to a notice required to be given by the Secretary of State to a party under—

(a) Part 4 of the 2014 Act, or

(b) the 2015 Regulations.

(2) A notice to which this regulation applies may be—

(a) given by hand to the party or the party's representative,

(b) sent by fax to the party or the party's representative,

(d) sent by ordinary first or second class postal service (“ordinary post”) to the party's usual address,

(e) sent by recorded delivery to the party's representative,

(f) sent by ordinary post to the party's representative,

(g) sent by email to the party or the party's representative,

(h) sent by document exchange to the party's, or the party's representative's, document exchange number or address,

(i) sent by courier to the party's usual address,

(j) sent by courier to the party's representative.

(3) But a notice may not be given under sub-paragraph (b), (g) or (h) of paragraph (2) unless a fax number, or (as the case may be) email address or document exchange number or address, has been provided by the party or the party's representative for that purpose.

(4) Where—

(a) both parties have the same usual address or the same representative, and

(b) the Secretary of State is required to give notice to both parties at the same time under a provision mentioned in paragraph (1),

the notices may be included in the same envelope addressed to both parties and sent to that address or that representative in accordance with sub-paragraphs (c) to (f) or (h) to (j) of paragraph (2).

(5) In this regulation a reference to a party's “representative” is a reference to a representative authorised by the party to accept notice given in accordance with this regulation on the party's behalf.

Notices given by the Secretary of State to registrars and district registrars

5

(1) This regulation applies to a notice required to be given by the Secretary of State—

(a) in the case of a proposed marriage or civil partnership under the law of Scotland, to a district registrar under—

(i) Part 4 of the 2014 Act,

(ii) paragraph 2(6) of Schedule 1A to the 1977 Act , or

(iii) paragraph 2(6) of Schedule 10A to the 2004 Act ; and

(b) in the case of a proposed marriage or civil partnership under the law of Northern Ireland, to a registrar under—

(i) Part 4 of the 2014 Act,

(ii) paragraph 2(6) of Schedule 2 to the 2003 Order , or

(iii) paragraph 2(6) of Schedule 13A to the 2004 Act .

(2) A notice to which this regulation applies may be—

(a) given by hand,

(b) sent by email to an email address notified for that purpose,

(d) sent by postal service in which delivery or receipt is recorded to an address notified for that purpose (“the notified address”),

(e) sent by ordinary first or second class postal service to the notified address,

(f) sent by courier to the notified address.

(3) In paragraph (2)—

“agreed” means agreed between the district registrar or (as the case may be) the registrar and the Secretary of State,

“notified” means notified to the Secretary of State by the district registrar or (as the case may be) the registrar.

Presumptions about receipt of notice

6

(1) Where a notice is given in accordance with regulation 4 or 5, it is presumed to have been received by the person to whom it is given (unless the contrary is proved)—

(a) where the notice is sent by postal service within the United Kingdom—

(i) on the second day after it was sent by postal service in which delivery or receipt is recorded, and

(ii) in the ordinary course of post if it was sent by ordinary first or second class post,

(b) where the notice is sent by document exchange, on the next working day after the day it was sent,

(c) where the notice is given by hand or sent by fax, email or courier (subject to sub-paragraph (d)), on the day it was given or (as the case may be) sent,

(d) where the notice is sent by courier outside the United Kingdom, on the second day after the day it was sent, and

(e) where the notice is transmitted electronically under paragraph 2(c) of regulation 5, on the day after the day on which it was transmitted.

(2) For the purposes of paragraph (1)(a) and (b) the day on which a notice is presumed to have been received is to be calculated—

(a) excluding the day on which the notice is sent, and

(b) excluding any day which is not a working day.

(3) In this regulation “working day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in the part of the United Kingdom to which the notice is sent.

PART 3 — Evidence

Photographs

7

(1) This regulation applies where a photograph must be provided by a party under—

(a) in the case of a proposed marriage under the law of Scotland, section 3A(7) or 3B(5) of the 1977 Act,

(b) in the case of a proposed civil partnership under the law of Scotland, section 88A(6) or 88B(5) of the 2004 Act,

(d) in the case of a proposed civil partnership under the law of Northern Ireland, section 139A(6) or 139B(5) of the 2004 Act.

(2) The photograph must be a United Kingdom passport style and size photograph which—

(a) clearly shows the face of the party, who must—

(i) have a neutral expression, and

(ii) not be wearing anything which covers his or her head or hair (other than for religious or medical reasons),

(b) shows only the party and no other person or object,

(d) was taken no more than one year before the date on which the notice of marriage or civil partnership is submitted or (as the case may be) given.

Particular immigration status

8

Schedule 1 has effect to specify evidence of the particular immigration status of a party for the purposes of—

(a) in the case of a proposed marriage under the law of Scotland, section 3B(1) of the 1977 Act ,

(b) in the case of a proposed civil partnership under the law of Scotland, section 88B(1) of the 2004 Act ,

(d) in the case of a proposed civil partnership under the law of Northern Ireland, section 139B(1) of the 2004 Act .

Relevant visa

9

(1) Paragraph (2) specifies evidence of the holding of a relevant visa by a party for the purposes of—

(a) in the case of a proposed marriage under the law of Scotland, section 3B(2) of the 1977 Act,

(b) in the case of a proposed civil partnership under the law of Scotland, section 88B(2) of the 2004 Act,

(d) in the case of a proposed civil partnership under the law of Northern Ireland, section 139B(2) of the 2004 Act.

(2) The evidence specified for the purposes mentioned in paragraph (1) is the party's passport endorsed to show, or the party's biometric immigration document showing, that he or she has been given one of the following kinds of visa or other authorisation (which remains in force) in respect of the party's proposed marriage or civil partnership to the other party—

(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 outside the provisions of the immigration rules.

(3) In this regulation—

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

“immigration rules” means the rules laid down under section 3(2) of the 1971 Act,

“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 .

Usual address

10

Schedule 2 has effect to specify evidence of a party's usual address for the purposes of—

(a) in the case of a proposed marriage under the law of Scotland, section 3B(3) and (5)(b) of the 1977 Act,

(b) in the case of a proposed civil partnership under the law of Scotland, section 88B(3) and (5)(b) of the 2004 Act,

(d) in the case of a proposed civil partnership under the law of Northern Ireland, section 139B(3) and (5)(b) of the 2004 Act.

PART 4 — Change of address

Requirement to notify the Secretary of State of a change of address

11

(1) This regulation applies where a party's usual address changes (“changed address”).

(2) Subject to paragraph (3), the party must give the Secretary of State notice of his or her changed address within four working days beginning with the day on which the change occurs.

(3) Where under paragraph (6) the Secretary of State requires a party to give notice of his or her changed address by telephone or by text message, the party must give the Secretary of State notice of the change within two working days beginning with the day on which the change occurs.

(4) But paragraphs (2) and (3) do not prevent a party giving notice of the change and when it will occur beforehand (and if a party does, paragraphs (2) and (3) do not apply).

(5) Subject to paragraph (6), notice given under this regulation may be—

(a) given over the telephone to the telephone number,

(b) sent by text message to the telephone number,

(d) sent by email to the email address,

(e) sent by postal service in which delivery or receipt is recorded to the address,

(f) sent by ordinary first or second class postal service to the address,

(g) delivered by hand at the address, or

(h) sent by courier to the address,

notified to the party in accordance with paragraph (8) (where one is so notified).

(6) But the Secretary of State may require a party to give notice in a particular way mentioned in paragraph (5).

(7) Where—

(a) both parties to a proposed marriage or civil partnership are required to give notice of a changed address under this regulation, and

(b) the changed address is (or is to be) the usual address of both parties,

notice under this regulation may be given by one party on behalf of both parties.

(8) A number or address mentioned in paragraph (5) may be notified to a party—

(a) by the district registrar or (as the case may be) the registrar in the information given to the party in accordance with regulation 20, or

(b) (subsequently) by the Secretary of State in the section 48 notice given to the party or in any subsequent notification as mentioned in section 50(3)(b) of the 2014 Act.

(9) In this regulation “working day” has the same meaning as in paragraph (3) of regulation 6 save that as if for “in the part” to the end there were substituted—

(a) in the case of a proposed marriage or civil partnership under the law of Scotland, “in Scotland”, and

(b) in the case of a proposed marriage or civil partnership under the law of Northern Ireland, “in Northern Ireland”.

Evidence of changed address

12

(1) This regulation applies where a party gives notice of a change of address under regulation 11.

(2) The party must also provide evidence that the changed address is (or is to be) the party's usual address.

(3) The evidence mentioned in paragraph (2) must be—

(a) of a kind specified in paragraph 2(a) to (h) of Schedule 2, and

(b) provided in accordance with paragraph (4).

(4) The party must send or deliver the evidence to the Secretary of State at a notified address within seven working days beginning with the day on which the change occurs.

(5) In a case where paragraph (7) of regulation 11 applies, one party may provide evidence on behalf of both parties (and where appropriate it may be the same evidence).

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