Referral and Investigation of Proposed Marriages and Civil Partnerships (Scotland) Order 2015

Lord Bates Excerpts

Tuesday 24th February 2015 Grand Committee

Moved by

[Baroness Williams of Trafford]

That the Grand Committee do consider the Referral and Investigation of Proposed Marriages and Civil Partnerships (Scotland) Order 2015.

Relevant document: 17th Report from the Joint Committee on Statutory Instruments

[Baroness Williams of Trafford (Con)]

My Lords, I shall speak also to the Referral and Investigation of Proposed Marriages and Civil Partnerships (Northern Ireland and Miscellaneous Provisions) Order 2015 and the Proposed Marriages and Civil Partnerships (Conduct of Investigations, etc.) Regulations 2015.

Part 4 of the Immigration Act 2014 constitutes the biggest reform of marriage preliminaries in a generation. It provides for a new referral and investigation scheme in England and Wales, aimed at tackling sham marriages and civil partnerships entered into for the purpose of circumventing the UK’s immigration controls. We are committed to dealing with those who seek to use marriage or civil partnership as a means of cheating their way into staying in the UK. The referral and investigation scheme will give us a much stronger platform for effective, systematic action to disrupt and deter sham marriages and civil partnerships, and prevent them gaining an immigration advantage.

The draft orders extend the referral and investigation scheme to proposed marriages and civil partnerships in Scotland and Northern Ireland. The operation of the scheme on a UK-wide basis will ensure that there is a robust response in place to the problem of sham marriage and avoids any risk of displacement of the problem from one part of the UK to another. We are grateful for the support of colleagues in the devolved Administrations for these measures.

The conduct of investigations regulations make provision for how we will conduct an investigation into whether a proposed marriage or civil partnership referred under the scheme is a sham. They set out the requirements with which the parties must comply as part of an investigation and the basis for the decision as to whether they have complied. If the parties do not comply with an investigation under the scheme, they will be unable to marry or enter into a civil partnership on the basis of that notice. The scheme will be implemented across the UK on 2 March. From this date, all marriages following civil preliminaries and civil partnerships in England and Wales will be subject to a minimum notice period of 28 days. This will also be the case in Scotland and Northern Ireland, under changes to devolved marriage and civil partnership laws.

Any couple including a non-EEA national wishing to marry in the Anglican Church in England and Wales will be required to complete civil preliminaries and give notice at a register office before their marriage. This will ensure that all couples within the scope of the scheme are correctly identified. Also from 2 March, registration officials will be required to refer to the Home Office all couples involving a non-EEA national who could gain an immigration advantage from the proposed marriage or civil partnership—for example, because they do not have evidence that they have settled status in the UK. Where a couple is referred to the Home Office under the scheme, we will be able to extend the notice period from 28 to 70 days where we suspect a sham and decide to investigate the genuine nature of the relationship.

By extending the notice period and channelling to us all proposed marriages and civil partnerships that could bring an immigration benefit, the new system will give us much more time and information to identify and act against shams before they happen. Where they go ahead, we will have the evidence that we need on file to be able to refuse any subsequent immigration application. The new scheme will provide the platform needed for us to tackle sham marriages and civil partnerships more effectively, and crack down on the abuse of our marriage and civil partnership laws, and of our immigration system. I beg to move.