Immigration control

Are you subject to immigration control?

From 1 February 2005 if you are subject to immigration control you will not be able to give a notice of marriage or civil partnership unless:

• you have an entry clearance granted expressly for the purpose of marriage or civil partnership in the UK (entry clearance is the granting of permission to enter the UK by an Entry Clearance Officer in the British Embassy/High Commission in the person's country. It will usually be shown as a visa in the person's passport or travel document).
• or you have the written permission of the Secretary of State to marry or register a civil partnership in the UK - this will take the form of a certificate of approval which can be obtained from the Immigration and Nationality Department (this will usually only be issued where the person has been granted leave to enter or remain for over six months from the date on which they entered the UK and that leave is still in force. The certificate of approval will have to be surrendered to the superintendent registrar or civil partnership registrar when notice is given).
• or you fall within a class of persons specified by the Secretary of State (this will be someone with settled status in the UK).

Further information about obtaining a certificate of approval and on the class of persons who will be exempt from these provisions is available from the Immigration and Nationality Directorate.

British citizens, European Economic Area (EEA) and foreign nationals can continue to give notice in their district of residence if they:

• have been given the right of abode in the UK
• are members of visiting forces from NATO and Commonwealth countries
• are diplomats that are not subject to immigration control

Registration officers have a statutory duty to report any marriage or civil partnership they suspect has been arranged for the sole purpose of evading statutory immigration controls.