Entering into marriage and civil partnership in England and Wales as a non-EEA national
Produced in partnership with Eric Fripp of Lamb Building
Entering into marriage and civil partnership in England and Wales as a non-EEA national

The following Immigration guidance note Produced in partnership with Eric Fripp of Lamb Building provides comprehensive and up to date legal information covering:

  • Entering into marriage and civil partnership in England and Wales as a non-EEA national
  • Background: the certificate of approval scheme and Baiai
  • Commencement of the Immigration Act 2014, Part 4
  • Definitions of ‘sham marriage/sham civil partnership’
  • Preliminaries
  • Automatic referral to the Home Office
  • Decision by the Home Office as to whether to launch an investigation
  • Notice of investigation decision
  • Investigation
  • Potential issues

What do advisers need to know about access by non-EEA nationals to marriage and civil partnership in England and Wales?

This Practice Note considers the following questions:

  1. what are the procedures and possible obstacles as regards marriage or civil partnership involving a non-EEA national following entry into force of relevant sections of the Immigration Act 2014 (IA 2014)

  2. what aspects of the new regime may be of particular interest or concern to immigration practitioners

Note that Lexis®PSL does not cover areas of law in Scotland and Northern Ireland which are distinct to those jurisdictions. Family law is one such area. However, referral and investigative schemes which are similar to the scheme for England and Wales which is discussed in this Practice Note have been commenced from 2 March 2015 in those jurisdictions. See in particular:

  1. Referral and Investigation of Proposed Marriages and Civil Partnerships (Scotland) Order 2015, SI 2015/396

  2. Referral and Investigation of Proposed Marriages and Civil Partnerships (Northern Ireland and Miscellaneous Provisions) Order 2015, SI 2015/395

  3. Sham Marriage and Civil Partnership (Scotland and Northern Ireland) (Administrative) Regulations 2015, SI 2015/404, and

  4. Marriage and civil partnership referral and investigation scheme: statutory guidance for Home Office staff

Background: the certificate of approval scheme and Baiai

Under UK immigration law some advantage may accrue to persons who marry or contract civil partnerships in the