The Referral of Proposed Marriages and Civil Partnerships Regulations 2015

Regulation 5

SCHEDULE 1E+WEvidence of particular immigration status

Permanent residenceE+W

F11.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exempt from immigration controlE+W

2.—(1) Subject to paragraph (2), where a party is exempt from immigration control M1 under a provision listed in the left hand column of the table, the notice of marriage or (as the case may be) proposed civil partnership must be accompanied by one of the types of evidence listed in the corresponding right hand column—

(2) Instead of the evidence mentioned in paragraph (1) the notice may be accompanied by a letter from the Secretary of State confirming that the party is exempt from immigration control for the purposes of section 49 of the 2014 Act.

(3) In this paragraph—

“certificate of entitlement” has the same meaning as in section 33 of the 1971 Act M7,

“force” and “sending State”, in relation to evidence that must be provided by a party who is exempt from immigration control by virtue of section 8(4) of the 1971 Act, have the same meaning as in the Agreement between the Parties to the North Atlantic Treaty Regarding the Status of their Forces M8, done in London on 19th June 1951.

SettledE+W

3.  Where a party is settled in the United Kingdom (within the meaning of section 33(2A) of the 1971 Act M9), the notice must be accompanied by one of the following—

(a)the party's passport (whether or not it is still valid) containing a valid endorsement with photograph to show that the party is allowed to enter or remain indefinitely in the United Kingdom,

(b)the party's passport (whether or not it is still valid) containing a valid vignette with photograph which shows that the party is allowed to stay indefinitely in the United Kingdom,

(c)a valid biometric immigration document which shows that the party is allowed to stay indefinitely in the United Kingdom.

Regulation 7

SCHEDULE 2E+W

InterpretationE+W

1.  In this Schedule—

“certified copy” means a copy of an original document which—

“driving licence” means a licence granted under—

and includes a provisional licence, a counterpart Community licence and a British external licence within the meaning of those enactments,

“financial year” means any period of 12 months beginning with the 1st April,

“relevant notice” means the notice given in respect of the proposed marriage or civil partnership,

“residential tenancy agreement” means a tenancy which—

EvidenceE+W

2.  For the purposes mentioned in regulation 7, the relevant notice must be accompanied by one of the following—

(a)a utility bill,

(b)a bank or building society statement or passbook,

(c)where the party's usual address is in England, Wales or Scotland, a council tax bill,

(d)where the party's usual address is in Northern Ireland, a rate bill,

(e)a current residential tenancy agreement,

(f)a mortgage statement,

(g)the party's valid driving licence, or

(h)a letter from the owner or proprietor (“P”) of the address which is the party's usual address which—

(i)confirms it is the party's usual address,

(ii)states that P is the owner or proprietor,

(iii)states P's name,

(iv)states P's address, and

(v)is signed and dated by P.

3.  The evidence mentioned in sub-paragraphs (a) to (g) of paragraph 2 must—E+W

(a)be in the name of the party, or, where it is in the name of more than one person, one of them must be the party, and

(b)show the party's usual address as the address to which the evidence was sent.

4.  The utility bill mentioned in paragraph 2(a) must be dated no more than three months before the date on which the relevant notice is given.E+W

5.  The bank or building society statement or passbook mentioned in paragraph 2(b) must be dated no more than one month before the date on which the relevant notice is given.E+W

6.  The council tax bill mentioned in paragraph 2(c) or the rate bill mentioned in paragraph 2(d) must be dated no more than 12 months before the date on which the relevant notice is given.E+W

7.  The mortgage statement mentioned in paragraph 2(f) must be dated no more than 12 months before the date on which the relevant notice is given.E+W

8.  The letter mentioned in paragraph 2(h) must be dated no more than one month before the date on which the relevant notice is given.E+W

9.—(1) Where it is not practicable to provide an original of a document mentioned in sub-paragraph (e), (f) or (g) of paragraph 2, a party may provide a certified copy.E+W

(2) A document mentioned in paragraph (1) may not be certified by a person who is—

(a)a family member of the party or the other party,

(b)a person who lives with the party or the other party, or

(c)the other party.