Investigation of Proposed Marriage or Civil Partnership

At the time of this writing there Immigration Act 2014 is being implemented. Under section 50 of the Immigration Act 2014, any person who wish to get married in the UK must comply with the investigation from the Home Office. The proposed marriage will therefore be subject a 70 day notice period.

Apparently, the Registrar Office notifies the Home Office when the applicant making a notification to marry presented an expired visa. They raised an imaginary “red flag” to made the Home Office Police aware that the person is an overstayer and is now getting married at a particular place and time.

Getting married could be the biggest day of someone’s life. But the risk of being arrested is there too because the Home Office knows the place and the time where the person is going to be.

I know some people will say that this is against the human rights to marry and found a family. And I must agree that this is against Article 12 of the European Convention on Human Rights (ECHR). But the Home Office of the United Kingdom persists that they have the right to scrutinize that anyone is not getting married for convenience.

Based on experience, couple will be called up to be interviewed from 2 to 4 hours in the Home Office (either in Croydon or Liverpool) and questions could be anything under the sun, personal details of you and your partner, how and when you met, when did the relationship begin etc…

Further investigations

The Home Office may make further investigations about the genuineness of your relationship if:

• they are informed by the registration service or your partner that the marriage is a sham;
• they are aware that you or your partner has a brother or sister who was forced into marriage;
• you or partner or an immediate family member, has been  the subject or respondent of a forced marriage protection order;
• they have evidence that your marriage is or may be a sham marriage or a forced marriage;
• you or your partner does not appear to have the capacity to consent to the marriage, partnership or relationship, for example because of learning difficulties;
• they have evidence that you or your partner are subject to unreasonable restrictions, such as being kept at home by their family or being subject to unreasonable financial restrictions;
• you do not attend an interview, without reasonable explanation, when the Home Office ask you to;
• you cannot provide any information about your intended living arrangements in the UK or about moving to the UK;
• they are concerned about the circumstances of your  wedding ceremony or reception;
• you  and your partner cannot provide accurate personal details about each other and your relationship;
• you and your partner cannot communicate with each other in a language you both understand;
• there is evidence of money having been exchanged for the marriage to be contracted (unless this is part of a dowry);
• you do not share financial or other domestic responsibilities;
• you and your partner do not live together (unless one of you is working or studying away from home);
• your partner is a qualified medical practitioner or professional, or has worked as a nurse or carer, and you have a mental or physical impairment which means that you need medical assistance or personal care in your home;
• your  partner has previously sponsored another partner to come to or remain in the UK;
• your  partner obtained settlement through a previous relationship and that marriage, partnership or relationship ended soon afterwards;
• you and your partner were in a relationship at an earlier date and have sponsored or been sponsored by other people in the meantime;
• we have  evidence that you and you partner have previously has a sham or forced marriage, or have lived in the UK unlawfully; or
• you have applied for leave to enter or remain in the UK in another category and been refused.

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Don Magsino MBA is an Immigration Lawyer in the United Kingdom. Stanford Law is accredited by the Law Society in England and Wales. Registered with the OISC on Level 3. Mobile 07446 888377 / 0207 316 3027. Office: 239 Kensington HIgh Street London, W8 6SN