Immigration Bill (HL Bill 84)

(8) Expressions used in this section or Schedule 5 that are also used in section 48
have the same meanings in this section or Schedule 5 as in section 48.

CHAPTER 2 Sham marriage and civil partnership

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

(1) 5The 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) 10either, 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
15marriage 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
20United Kingdom.

(6) In subsection (5)—

• “relevant national” means—

  (a)

  a British citizen,

  (b)

  a national of an EEA state other than the United
  25Kingdom, or

  (c)

  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) 30In 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
35relevant 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) 40avoiding 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—

  (a)

  a British citizen,

  (b)

  a national of an EEA state other than the United
  5Kingdom, or

  (c)

  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.”.

51 10Duty to report suspicious marriages and civil partnerships

(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) 15a 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) 20a 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) 25In 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) 30after 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
35person giving such a notice,”.

CHAPTER 3 Other provisions

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

52 Solemnization of marriage according to rites of Church of England

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

(2) 40In 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) 5Subsection (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
10published 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
20nationals.

(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
25deliver 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.”.

53 Requirement as to giving of notice of marriage or civil partnership

(1) 30Section 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
35authority 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) 40A 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) 5In 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 44 of the Immigration Act 2014;

(b) “notice of marriage” means a notice of marriage given under
10section 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) 15Part 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
20is 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
25from 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 44 of the Immigration Act 2014.”.

(6) For paragraph 1(1) substitute—

“1 (1A) 30Part 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) 35two 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) 40For 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

54 Information

5Schedule 6 (information) has effect.

Miscellaneous

55 Regulations about evidence

(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) 10whether 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) 15the 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) 20the 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
25regulations under this section.

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

56 Notices

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

(a) 30notices 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
35section 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.

57 Interpretation of this Part

(1) These expressions have the meanings given—

• 5“exempt person” has the meaning given in section 44;

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

• “Registrar General” means the Registrar General for England and Wales;

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

• 10“relevant national” means—

  (a)

  a British citizen,

  (b)

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

  (c)

  a national of Switzerland;

• “relevant statutory period” means—

  (a)

  15in relation to a proposed marriage, the period—

  (i)

  beginning the day after notice of the proposed marriage
  is entered in the marriage book in accordance with Part
  3 of the Marriage Act 1949, or is entered in an approved
  electronic form by virtue of section 27(4A) of that Act,
  20and

  (ii)

  ending at the end of the period of 28 days beginning
  with that day;

  (b)

  in relation to a proposed civil partnership, the period—

  (i)

  beginning the day after notice of the proposed civil
  25partnership is recorded in the register in accordance
  with Chapter 1 of Part 2 of the Civil Partnership Act
  2004, and

  (ii)

  ending at the end of the period of 28 days beginning
  with that day;

• 30“section 43 notice” means a notice given under section 43(7) or (8);

• “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
35civil 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) 40For provision about the interpretation of the following expressions, see section
44—

(a) the appropriate immigration status;

(b) a relevant visa.

(5) This section, and the provision mentioned in subsection (4), apply for the
45purposes of this Part.

Part 5 Oversight

Office of the Immigration Services Commissioner

58 Immigration advisers and immigration service providers

5Schedule 7 (immigration advisers and immigration service providers) has
effect.

Police Ombudsman for Northern Ireland

59 Police Ombudsman for Northern Ireland

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

“60ZB 10 Immigration and customs enforcement functions

(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
15Part.

(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) 20“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
251 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
30to 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) 35powers 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) 40“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 Section 60ZB: supplementary

(1) An agreement under section 60ZB may at any time be varied or
5terminated—

(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
10thinks 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) 15wholly 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
20agreement 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.).”

25Part 6 Miscellaneous

Deprivation of citizenship

60 Deprivation if conduct seriously prejudicial to vital interests of the UK

(1) In section 40 of the British Nationality Act 1981 (deprivation of citizenship),
30after subsection (4) insert—

“(4A) But that does not prevent the Secretary of State from making an order
under subsection (2) to deprive a person of a citizenship status if—

(a) the citizenship status results from the person’s naturalisation,
and

(b) 35the Secretary of State is satisfied that the deprivation is
conducive to the public good because the person, while having
that citizenship status, has conducted him or herself in a
manner which is seriously prejudicial to the vital interests of the
United Kingdom, any of the Islands, or any British overseas
40territory.”

(2) In deciding whether to make an order under subsection (2) of section 40 of the
British Nationality Act 1981 in a case which falls within subsection (4A) of that

Act, the Secretary of State may take account of the manner in which a person
conducted him or herself before this section came into force.

Embarkation checks

61 Embarkation checks

5Schedule 8 (embarkation checks) has effect.

Fees

62 Fees

(1) The Secretary of State may provide, in accordance with this section, for fees to
be charged in respect of the exercise of functions in connection with
10immigration or nationality.

(2) The functions in respect of which fees are to be charged are to be specified by
the Secretary of State by order (“a fees order”).

(3) A fees order—

(a) must specify how the fee in respect of the exercise of each specified
15function is to be calculated, and

(b) may not provide for a fee to be charged in respect of the exercise of a
function otherwise than in connection with an application or claim, or
on request.

(4) For any specified fee, a fees order must provide for it to comprise one or more
20amounts each of which is—

(a) a fixed amount, or

(b) an amount calculated by reference to an hourly rate or other factor.

(5) Where a fees order provides for a fee (or part of a fee) to be a fixed amount, it—

(a) must specify a maximum amount for the fee (or part), and

(b) 25may specify a minimum amount.

(6) Where a fees order provides for a fee (or part of a fee) to be calculated as
mentioned in subsection (4)(b), it—

(a) must specify—

(i) how the fee (or part) is to be calculated, and

(ii) 30a maximum rate or other factor, and

(b) may specify a minimum rate or other factor.

(7) For any specified fee, the following are to be set by the Secretary of State by
regulations (“fees regulations”)—

(a) if the fee (or any part of it) is to be a fixed amount, that amount;

(b) 35if the fee (or any part of it) is to be calculated as mentioned in subsection
(4)(b), the hourly rate or other factor by reference to which it (or that
part) is to be calculated.

(8) An amount, or rate or other factor, set by fees regulations for a fee in respect of
the exercise of a specified function—

(a) 40must not—

(i) exceed the maximum specified for that amount, or rate or other
factor;

(ii) be less than the minimum, if any, so specified;

(b) subject to that, may be intended to exceed, or result in a fee which
5exceeds, the costs of exercising the function.

(9) In setting the amount of any fee, or rate or other factor, in fees regulations, the
Secretary of State may have regard only to—

(a) the costs of exercising the function;

(b) benefits that the Secretary of State thinks are likely to accrue to any
10person in connection with the exercise of the function;

(c) the costs of exercising any other function in connection with
immigration or nationality;

(d) the promotion of economic growth;

(e) fees charged by or on behalf of governments of other countries in
15respect of comparable functions;

(f) any international agreement.

This is subject to section 63(5).

(10) In respect of any fee provided for under this section, fees regulations may—

(a) provide for exceptions;

(b) 20provide for the reduction, waiver or refund of part or all of a fee
(whether by conferring a discretion or otherwise);

(c) make provision about—

(i) the consequences of failure to pay a fee;

(ii) enforcement;

(iii) 25when a fee may or must be paid.

(11) Any provision that may be made by fees regulations by virtue of subsection
(10) may be included instead in a fees order (and any provision so included
may be amended or revoked by fees regulations).

(12) In this section and sections 63 and 64—

• 30“costs” includes—

  (a)

  the costs of the Secretary of State, and

  (b)

  the costs of any other person (whether or not funded from
  public money);

• “fees order” has the meaning given by subsection (2);

• 35“fees regulations” has the meaning given by subsection (7);

• “function” includes a power or a duty;

• “function in connection with immigration or nationality” includes a
  function in connection with an enactment (including an enactment of a
  jurisdiction outside the United Kingdom) that relates wholly or partly
  40to immigration or nationality;

• “specified” means specified in a fees order.

(13) Any reference in this section or section 64 to the exercise of a function includes
a reference to its exercise in particular circumstances, including its exercise—

(a) at particular times or in a particular place;

(b) 45under particular arrangements;

(c) otherwise in particular ways,