The Proposed Marriages and Civil Partnerships (Meaning of Exempt Persons and Notice) Regulations 2015
| Jurisdiction | UK Non-devolved |
2015No. 122
MARRIAGE
CIVIL PARTNERSHIP
IMMIGRATION
The Proposed Marriages and Civil Partnerships (Meaning of Exempt Persons and Notice) Regulations 2015
2ndFebruary2015
5thFebruary2015
2ndMarch2015
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 49(3) and (4), 61(1) and (2) and 74(8)(d) of the Immigration Act 2014( 1) ("the Act").
In accordance with section 61(3) of the Act the Secretary of State has consulted the Registrar General for England and Wales before making these Regulations( 2).
PART 1
General
Citation, commencement and extent
1.-(1) These Regulations may be cited as the Proposed Marriages and Civil Partnerships (Meaning of Exempt Persons and Notice) Regulations 2015.
(2) They come into force on 2nd March 2015.
(3) Regulations 5 to 7 extend to England and Wales only.
Interpretation
2. In these Regulations-
"1949 Act" means the Marriage Act 1949( 3);
"1971 Act" means the Immigration Act 1971( 4);
"2004 Act" means the Civil Partnership Act 2004( 5);
"2014 Act" means the Immigration Act 2014;
"party" means a party to a proposed marriage or civil partnership and "other party" is to be construed accordingly.
PART 2
Exempt Persons
Persons exempt from immigration control
3.-(1) A person ("P") is exempt from immigration control if P-
(a) has the right of abode in the United Kingdom under section 2(1)(b) of the 1971 Act (Commonwealth citizens with a right of abode)( 6),(b) is exempt from the provisions of the 1971 Act by virtue of section 8(3) or (4) of that Act( 7) (exceptions for seamen, aircrews and other special cases),(c) subject to paragraph (2), is exempt from the provisions of the 1971 Act by virtue of the Immigration (Exemption from Control) Order 1972( 8) ("the 1972 Order"), or(d) is exempt from the provisions of the 1971 Act by virtue of section 20 of the State Immunity Act 1978( 9) (heads of State).(2) Sub-paragraph (c) of paragraph (1) does not apply to a person who is exempt from the provisions of the 1971 Act solely by virtue of article 5 of the 1972 Order.
Relevant visa
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 or proposed civil partner under Appendix FM to the immigration rules,(c) entry clearance, leave to enter or leave to remain as a fiancé 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 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( 10) (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( 11).
PART 3
Notices
Notices given by the Secretary of State to a party
5.-(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,(b) the Proposed Marriages and Civil Partnerships (Conduct of Investigations, etc.) Regulations 2015( 12),(c) section 31(5EB) of the 1949 Act( 13) (application to reduce waiting period), or(d) section 12(5) of the 2004 Act( 14) (application to shorten waiting period).(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,(c) sent by postal service in which delivery or receipt is recorded ("recorded delivery") to the party's usual address (or, if the party's usual address is not in the United Kingdom, the party's UK contact address),(d) sent by ordinary first or second class postal service ("ordinary post") to the party's usual address (or, if the party's usual address is not in the United Kingdom, the party's UK contact 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...To continue reading
Request your trial