Immigration Bill (HL Bill 84)

9E Specified evidence

(1) The Registrar General may make regulations about the evidence that
is required to be given for the purposes of section 9.

(2) The Secretary of State may make regulations about the evidence that
5is required to be given for the purposes of section 9A.

(3) Regulations under this section 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) 10the 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
15accordance 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.

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

(e) 20the 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
25to be treated as having been made);

(h) the retention or copying of evidence supplied.

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

(5) The Registrar General must obtain the approval of the Secretary of
State before making regulations under this section.

(6) 30The Secretary of State must consult the Registrar General before
making regulations under this section.

9F Recording of information in the register: compliance with
requirements

The registration authority must not enter in the register the
35information relating to a proposed civil partnership mentioned in
section 8(5) in a case where any of the requirements imposed by or
under any of the following provisions of this Act is applicable but is
not complied with—

• section 8A(3) to (7);

• 40section 8A(9);

• section 9(1);

• section 9A(4) or (6);

• section 18(3);

• section 19(3);

• 45paragraph 5(1) of Schedule 1;

• paragraph 4 of Schedule 23.”.

Notice period

22 In section 11 (meaning of “the waiting period”), for “15” substitute “28”.

23 (1) Section 12 (power to shorten the waiting period) is amended in accordance
50with this paragraph.

(2) In subsection (1), for “15” substitute “28”.

(3) After subsection (3) insert—

“(4) If a proposed civil partnership is referred to the Secretary of State
under section 12A—

(a) any application under subsection (1) is to be made to the
5Secretary of State; and

(b) the power conferred by subsection (1) is exercisable by the
Secretary of State.

(5) If the Secretary of State grants an application made under subsection
(1), the Secretary of State must give notice of the grant of the
10application to—

(a) the applicant,

(b) the registration authority to which notice of the proposed
civil partnership was given, and

(c) if different, the registration authority responsible for issuing
15the civil partnership schedule under section 14(1) in relation
to the proposed civil partnership.

(6) Regulations under subsection (2) do not apply to applications made
to the Secretary of State in accordance with subsection (4).

(7) The Secretary of State may by regulations make provision with
20respect to the making, and granting, of applications made in
accordance with subsection (4).

(8) The Secretary of State must consult the Registrar General before
making regulations under subsection (7).”.

Referral to Secretary of State

24 25After section 12 insert—

“12A Referral of proposed civil partnership to Secretary of State

(1) On every occasion when notice of proposed civil partnership is given
under section 8, the registration authority must decide whether or
not each of the parties to the proposed civil partnership is an exempt
30person.

(2) But this section does not apply if Schedule 3 applies to the proposed
civil partnership.

(3) In making a decision under subsection (1) about a party to a
proposed civil partnership, a registration authority may rely on any
35advice given in relation to that decision by the Secretary of State.

(4) In a case where—

(a) section 8A applies to the notice of proposed civil partnership,
and

(b) specified evidence required by section 9A(2) or (3) in relation
40to a party to the proposed civil partnership is not produced
in accordance with that section,

the registration authority must decide that that party to the proposed
civil partnership is not an exempt person.

(5) If the registration authority decides that either of the parties is not an
exempt person, or that both of the parties are not exempt persons, the
registration authority must—

(a) refer the proposed civil partnership to the Secretary of State;

(b) 5notify the parties to the proposed civil partnership that the
proposed civil partnership must be referred to the Secretary
of State;

(c) give the parties to the proposed civil partnership prescribed
information about—

(i) 10the effects of the referral;

(ii) the requirement under regulations under section 9B
to notify the Secretary of State of changes of address.

(6) The registration authority must act in accordance with regulations
when complying with the duty in subsection (5)(a) to refer a
15proposed civil partnership to the Secretary of State.

(7) Regulations may, in particular, make provision about—

(a) the form, manner or timing of the referral of a proposed civil
partnership;

(b) information, photographs or evidence — or copies of any of
20those things — to be included with the referral of a proposed
civil partnership.

(8) If the registration authority refers the proposed civil partnership to
the Secretary of State, this Act has effect in relation to the proposed
civil partnership subject to the modifications in Schedule 3A.

(9) 25In this section—

(a) a reference to a person being an exempt person has the same
meaning as in section 44 of the Immigration Act 2014;

(b) “prescribed information” means information prescribed in
regulations;

(c) 30“regulations” means regulations made by the Secretary of
State after consulting the Registrar General.”.

25 After Schedule 3 insert—

“SCHEDULE 3A

Modifications if proposed civil partnership referred under section 12A

1 Introduction

(1) These are the modifications subject to which this Act has effect if
35the registration authority refers a proposed civil partnership to the
Secretary of State.

(2) In this Schedule—

• “2014 Act” means the Immigration Act 2014;

• “referred civil partnership” means the proposed civil
  40partnership referred to the Secretary of State.

2 No civil partnership schedule to be issued until decision about investigation etc

(1) The duty under section 14(1) to issue a civil partnership schedule
in respect of the referred civil partnership does not apply unless
and until one of the following events occurs.

(2) 5Event 1 occurs if—

(a) the Secretary of State gives the registration authority or
authorities the section 43 notice, and

(b) that notice is of a decision not to investigate whether the
referred civil partnership is a sham.

(3) 10Event 2 occurs if—

(a) the relevant statutory period ends, and

(b) the Secretary of State has not given the registration
authority or authorities the section 43 notice.

(4) Event 3 occurs if—

(a) 15the Secretary of State gives the registration authority or
authorities the section 43 notice,

(b) that notice is of a decision to investigate whether the
referred civil partnership is a sham,

(c) the Secretary of State gives the registration authority or
20authorities the section 45 notice, and

(d) that notice is of a decision that both of the parties to the
referred civil partnership have complied with the
investigation.

(5) Event 4 occurs if—

(a) 25the 70 day period ends, and

(b) the Secretary of State has not given the registration
authority or authorities the section 45 notice.

(6) Event 5 occurs if the Secretary of State gives the registration
authority or authorities notice that the duty under section 14(1) is
30applicable.

(7) The Secretary of State may give a notice for that purpose only if—

(a) the Secretary of State has given the registration authority
or authorities the section 43 notice,

(b) that notice is of a decision to investigate whether the
35referred civil partnership is a sham,

(c) the Secretary of State has given the registration authority
or authorities the section 45 notice, and

(d) that notice is of a decision that one or both of the parties to
the referred civil partnership have not complied with the
40investigation.

(8) This paragraph applies in addition to any other requirements
applicable to the issue of the civil partnership schedule.

(9) This paragraph is subject to paragraph 4.

(10) In this paragraph—

• 45“70 day period” has the same meaning as in section 45 of the
  2014 Act;

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• “relevant statutory period” has the same meaning as in
  section 43 of the 2014 Act;

• “section 43 notice” means notice under section 43(8) of the
  2014 Act;

• 5“section 45 notice” means notice under section 45(7) of the
  2014 Act.

3 Civil partnership to be investigated: extension of waiting period to 70 days

(1) The modifications in this paragraph have effect if the Secretary of
State gives the registration authority notice under section 43(8) of
10the 2014 Act of a decision to investigate whether the referred civil
partnership is a sham.

(2) Section 11(b): the reference to the period of 28 days has effect as a
reference to the relevant 70 day period.

(3) But, for the purposes of section 10, the waiting period is not
15extended by sub-paragraph (2).

(4) In this paragraph “relevant 70 day period” means the period—

(a) beginning the day after notice of the proposed civil
partnership is recorded in the register in accordance with
section 8(5), and

(b) 20ending at the end of the period of 70 days beginning with
that day.

4 Effect of shortening waiting period

(1) This paragraph applies if—

(a) the Secretary of State gives notice under section 12(5) of the
25grant of an application made under section 12(1) (power to
shorten the waiting period) in relation to the referred civil
partnership, and

(b) that notice is given at a time when the duty under section
14(1) to issue a civil partnership schedule in respect of the
30referred civil partnership has not arisen in accordance with
paragraph 2.

(2) The duty under section 14(1) to issue a civil partnership schedule
in respect of the referred civil partnership arises on the giving of
the notice under section 12(5), subject to any other requirements
35applicable to the issue of the schedule being met.

(3) But the requirements of paragraph 2 are not applicable in such a
case.

(4) The Secretary of State is not prevented from deciding to conduct,
conducting, or continuing, an investigation if a schedule in respect
40of the referred civil partnership is issued as mentioned in sub-
paragraph (2).

(5) But in such a case, nothing in the 2014 Act requires the Secretary
of State to decide whether to conduct, or to continue, an
investigation.

(6) In this paragraph “investigation” means an investigation,
conducted following a decision by the Secretary of State under
section 43 of the 2014 Act, whether a proposed civil partnership is
a sham.”.

5Civil partnership referred to Secretary of State: issue of civil partnership schedule

26 (1) In section 14 (issue of civil partnership schedule), at the end insert—

“(6) This section has effect subject to section 14A.”.

(2) After section 14 insert—

“14A Notice of proposed civil partnership: false information or evidence

(1) 10A registration authority may refuse to issue a civil partnership
schedule under section 14(1) in a case where—

(a) notice of a proposed civil partnership has been given under
section 8, and

(b) a registration authority has reasonable grounds for
15suspecting that a relevant decision was made incorrectly
because of the provision of false information or evidence.

(2) If a registration authority refuses to issue the schedule, the parties to
the proposed civil partnership are to be taken not to have given
notice under section 8; but that does not prevent criminal
20proceedings from being brought against either party, or any other
person, in relation to the giving of the notice.

(3) This section does not limit the powers of registration authorities to
refuse to issue civil partnership schedules.

(4) In this section—

• 25“evidence” includes a photograph or other image;

• “exempt person” has the same meaning as in section 12A;

• “relevant decision” means a decision of a registration authority
  that a party to the proposed civil partnership is an exempt
  person.”.

(3) 30In section 15 (appeal against refusal to issue civil partnership schedule)—

(a) in subsection (1)(b), after “14(3)” insert “or 14A”;

(b) after subsection (2) insert—

“(3) In a case where—

(a) in reliance on section 14A, a registration authority
35refuses to issue a civil partnership schedule, and

(b) on an appeal against the refusal, the Registrar General
directs that a civil partnership schedule be issued,

section 14A(2) is of no effect — and is to be taken to have
never had any effect — in relation to the parties’ giving of
40notice under section 8.”.

(4) In section 16 (frivolous objections and representations: liability for costs
etc)—

(a) in the title, after “representations” insert “and appeals”;

(b) after subsection (3) insert—

“(3A) If—

(a) in reliance on section 14A, a registration authority
refuses to issue a civil partnership schedule, and

(b) 5on an appeal against the refusal, the Registrar General
declares that the appeal is frivolous,

the person making the appeal is liable for the costs of the
proceedings before the Registrar General.”;

(c) in subsection (4), for “such costs and damages” substitute “costs and
10damages in accordance with subsection (3) or (3A)”.

Relevant nationals

27 After section 30 insert—

“30A Relevant nationals

In this Chapter “relevant national” means—

(a) 15a British citizen,

(b) a national of an EEA State other than the United Kingdom, or

(c) a national of Switzerland.”.

Regulations and orders

28 (1) Section 36 (regulations and orders) is amended in accordance with this
20paragraph.

(2) In subsection (3), after “6A” insert “9B, 9E(2), 12(7) or 12A”.

(3) In subsection (5), after “6A” insert “9B, 9E(2) or 12A”.

(4) In subsection (6), after “section” insert “9D or”.

Proof of certain matters not necessary to validity of civil partnership

29 25In section 52 (proof of certain matters not necessary to validity of civil
partnership), in subsection (1)—

(a) omit the word “or” at the end of paragraph (a);

(b) at the end of paragraph (aa) insert “or

(ab) that, in the case of a civil partnership to which
30Schedule 3A applied, any of the events listed in
paragraph 2(2) to (6) of that Schedule occurred.”.

Section 49

SCHEDULE 5 Sham marriage and civil partnership: administrative regulations

Introduction

1 (1) 35This Schedule sets out the kinds of regulations which may be made by the
Secretary of State under section 49(2).

(2) In this Schedule—

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• “extension order” has the meaning given in section 49(1);

  (ab) “proposed Scottish or Northern Ireland marriage or civil partnership” means a proposed marriage or civil partnership under the law of Scotland or Northern Ireland.

Notices

2 (1) The Secretary of State may make regulations which make provision about
5the giving of relevant notices.

(2) Regulations under this paragraph may, in particular, provide that a relevant
notice given in accordance with the regulations is to be presumed to have
been received by the person to whom it is given.

(3) In this paragraph “relevant notice” means—

(a) 10a notice, under any provision of the referral and investigation
scheme, which relates to a proposed Scottish or Northern Ireland
marriage or civil partnership, and

(b) any other notice relating to the referral of a proposed Scottish or
Northern Ireland marriage or civil partnership to the Secretary of
15State for the purposes of the referral and investigation scheme,

(whether or not the notice falls to be given by virtue of provision made by an
extension order).

Evidence

3 (1) The Secretary of State may make regulations about the supply of evidence in
20accordance with a relevant evidence provision.

(2) Regulations under this paragraph 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) 25the 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
30accordance 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) In this paragraph—

• 35“evidence” includes a photograph or other image;

• “relevant evidence provision” means provision (whether or not made
  by an extension order) about the supply of evidence in relation to a
  proposed Scottish or Northern Ireland marriage or civil partnership
  in a case where one or both of the parties is not a relevant national.

40Change of address

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

(a) notice of a relevant person’s usual address, if the person’s notified
usual address changes;

(b) notice of a relevant person’s UK contact address, if the person’s
notified usual address is not in the United Kingdom;

(c) 5notice of a relevant person’s UK contact address, if the person’s
notified UK contact address changes;

(d) evidence of any address notified in accordance with regulations
under paragraph (a), (b) or (c).

(2) Regulations under this paragraph may, in particular, make—

(a) 10provision imposing a requirement on a person;

(b) provision about the rejection of information or evidence which there
are reasonable grounds to suspect to be false.

(3) Regulations under sub-paragraph (1)(d) may, in particular, make any
provision of the kind that may be made under paragraph 3(2).

(4) 15In this paragraph—

• “notified”, in relation to an address of a relevant person, means notified
  (whether to the Secretary of State or another person) in connection
  with the proposed Scottish or Northern Ireland marriage or civil
  partnership (including any such address notified in accordance with
  20provision made by an extension order or regulations made under
  this paragraph);

• “relevant person” means a person who is a party to a proposed Scottish
  or Northern Ireland marriage or civil partnership in a case where
  that person or the other party is not a relevant national (or both of
  25them are not relevant nationals);

• “UK contact address” means an address in the United Kingdom at
  which a person can be contacted by post.

Referral

5 (1) The Secretary of State may make regulations requiring a person to act in
30accordance with the regulations when complying with a duty of referral.

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

(a) the form, manner or timing of the referral;

(b) information, photographs or evidence — or copies of any of those
things — to be included with the referral.

(3) 35The Secretary of State may make regulations requiring a person who refers
a proposed marriage or civil partnership in accordance with a duty of
referral to give the parties to the proposed marriage information prescribed
in the regulations about—

(a) the effects of the referral;

(b) 40any requirements under regulations under paragraph 4 to notify the
Secretary of State of changes of address.

(4) In this paragraph—

• “duty of referral” means a duty (whether or not contained in provision
  made by an extension order) to refer a proposed Scottish or Northern
  45Ireland marriage or civil partnership to the Secretary of State for the
  purposes of the referral and investigation scheme;

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• “referral” means the referral of a proposed Scottish or Northern Ireland
  marriage or civil partnership under a duty of referral.

Applications for shortening of waiting period

6 (1) The Secretary of State may make regulations about the making, and
5granting, of applications for the shortening of a waiting period in cases
where a proposed Scottish or Northern Ireland marriage or civil partnership
is referred to the Secretary of State in accordance with a duty of referral.

(2) Regulations may be made under this paragraph—

(a) whether the application falls to be made by virtue of provision made
10by an extension order or otherwise;

(b) whether the application falls to be made to the Secretary of State or
another person.

(3) In this paragraph—

• “duty of referral” has the same meaning as in paragraph 5;

• 15“waiting period”, in relation to a proposed Scottish or Northern Ireland
  marriage or civil partnership, means a period during which it is not
  possible for the marriage to be solemnized or civil partnership to be
  formed (but which falls after notice of the proposed marriage or civil
  partnership has been given for the purposes of enabling it to be
  20solemnized or formed in due course).

Section 54

SCHEDULE 6 Information

Part 1 Disclosure of information etc where proposed marriage or civil partnership
25referred to Secretary of State

1 (1) This paragraph 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
30Secretary of State under section 12A of the Civil Partnership Act
2004.

(2) The Secretary of State may—

(a) disclose relevant information to a registration official, or

(b) supply a document containing relevant information to a registration
35official.

(3) In this paragraph “relevant information” means any of the following
information—

(a) the fact that the proposed marriage or civil partnership has been
referred to the Secretary of State;

(b) 40the names of the parties to the proposed marriage or civil
partnership;

(c) in the case of a proposed marriage—