Q&As

If an individual has valid leave in the UK by virtue of section 3C of the Immigration Act 1971 and their in-time application remains outstanding, can they get married while awaiting the outcome of their application?

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Produced in partnership with Allan Briddock of 1 Pump Court
Published on LexisPSL on 11/02/2021

The following Immigration Q&A produced in partnership with Allan Briddock of 1 Pump Court provides comprehensive and up to date legal information covering:

  • If an individual has valid leave in the UK by virtue of section 3C of the Immigration Act 1971 and their in-time application remains outstanding, can they get married while awaiting the outcome of their application?

When the couple register their intention to marry, the registrar must decide whether one or both of them is ‘an exempt person’. If one or both of them is not an exempt person, the registrar must refer the proposed marriage to the Secretary of State for the Home Department (SSHD) and notify the parties that they have done so.

Section 49 of the Immigration Act 2014 (IA 2014) (as amended) defines ‘exempt persons’. This Q&A assumes that the person who has section 3C leave is not an ‘exempt’ person.

When the SSHD receives the referral, they are under a duty,

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