The Immigration (Procedure for Formation of Civil Partnerships) Regulations 2005
S.I. 2005/2917 · Made 19 October 2005
IMMIGRATION
Made 19th October 2005
Laid before Parliament 24th October 2005
Coming into force:
Regulations 1 to 3 and Schedule 1 14th November 2005
Remainder of Regulations 5th December 2005
In accordance with paragraphs 4(4), 9(2) and 13(2) of Schedule 23 to the Civil Partnership Act 2004 he has consulted with the Registrar General.
Annotations to the whole text
Footnotes
- f1
- f2
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2004 c. 19; section 25 applies in relation to applications for permission to form a civil partnership in the United Kingdom by virtue of paragraph 2(3) of Schedule 23 to the Civil Partnership Act 2004.
Contents
- 1Citation, commencement and interpretation
- 2Citation, commencement and interpretation
- 3Application for permission
- 4Specified classes of person
- 5Specified registration authorities in England and Wales
- 6Specified registration districts in Scotland
- 7Prescribed registrars in Northern Ireland
- 8Amendment to the Immigration (Procedure for Marriage) Regulations 2005
- Signature
- Schedule 1INFORMATION TO BE CONTAINED IN OR PROVIDED WITH AN APPLICATION FOR PERMISSION TO FORM A CIVIL PARTNERSHIP IN THE UNITED KINGDOM
- Schedule 2SPECIFIED REGISTRATION AUTHORITIES IN ENGLAND & WALES
- Explanatory note
1Citation, commencement and interpretation
These Regulations may be cited as the Immigration (Procedure for Formation of Civil Partnerships) Regulations 2005.
Subject to paragraph (3), these Regulations shall come into force on 5th December 2005.
This regulation, regulations 2 and 3 and Schedule 1 shall come into force on 14th November 2005.
2Citation, commencement and interpretation
In these Regulations—
“the 2004 Act” means the Civil Partnership Act 2004; and
“civil partnership” means a civil partnership which exists under or by virtue of the 2004 Act.
3Application for permission
A person seeking the permission of the Secretary of State to form a civil partnership in the United Kingdom under paragraph 2(1)(b) of Schedule 23 to the 2004 Act shall—
make an application in writing; and
pay a fee of £135 on the submission of the application.
The information set out in Schedule 1 to these Regulations is to be contained in or provided with the application.
The fee is to be paid to the Immigration and Nationality Directorate of the Home Office—
by a cheque or postal order crossed and made payable to “Home Office Certificates of Approval”; or
by means of any debit card or credit card which that Directorate accepts.
4Specified classes of person
The following persons are specified for the purpose of paragraph 2(1)(c) of Schedule 23 to the 2004 Act—
persons who are settled in the United Kingdom; and
persons to whom Schedule 3 to the 2004 Act applies.
In this regulation, “settled in the United Kingdom” has the meaning given in paragraph 6 of the immigration rules (which are the rules laid before Parliament under section 3(2) of the Immigration Act 1971f1).
5Specified registration authorities in England and Wales
The registration authorities in England and Wales listed in the left-hand column of Schedule 2 to these Regulations are specified for the purposes of paragraph 4(1)(a) of Schedule 23 to the 2004 Act.
An employee or officer or other person provided by a specified registration authority is a “relevant individual” for the purposes of paragraph 4(1)(b) and (2) of Schedule 23 to the 2004 Act if he—
is authorised by that authority to attest notices of proposed civil partnership; and
is located at the office specified in relation to that authority in the right-hand column of Schedule 2 to these Regulations.
6Specified registration districts in Scotland
Every registration district in Scotland is specified for the purposes of paragraph 9(1)(a) of Schedule 23 to the 2004 Act.
7Prescribed registrars in Northern Ireland
The registrar of every register office in Northern Ireland is prescribed for the purposes of paragraph 13(1)(a) of Schedule 23 to the 2004 Act.
8Amendment to the Immigration (Procedure for Marriage) Regulations 2005
The Immigration (Procedure for Marriage) Regulations 2005f1 are amended as follows.
In Schedule 2 to those Regulations, after the words “Whether he has previously been married”, insert on both occasions “or formed a civil partnership”.
Signature
Tony McNulty
Minister of State
Home Office
19th October 2005
Schedule 1INFORMATION TO BE CONTAINED IN OR PROVIDED WITH AN APPLICATION FOR PERMISSION TO FORM A CIVIL PARTNERSHIP IN THE UNITED KINGDOM
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Name
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Date of birth
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Name at birth (if different)
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Nationality
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Full postal address
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Daytime telephone number
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Passport or travel document number
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Home Office reference number
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Current immigration status
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Date on which current leave to enter or remain in the United Kingdom was granted
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Date on which that leave expires
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Whether he has previously been married or formed a civil partnership, and if so, information showing that he is now free to form a civil partnership
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Two passport-sized photographs
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Passport or travel document
Schedule 2SPECIFIED REGISTRATION AUTHORITIES IN ENGLAND & WALES
| Specified registration authorities | Offices specified in relation to specified registration authorities |
|---|---|
| The London Borough of Barking and Dagenham | The register office for Barking and Dagenham |
| The London Borough of Barnet | The register office for Barnet |
| City of Birmingham | The register office for Birmingham |
| Borough of Blackburn with Darwen | The register office for Blackburn with Darwen |
| London Borough of Brent | The register office for Brent |
| City of Brighton and Hove | The register office for Brighton and Hove |
| City of Bristol | The register office for Bristol |
| County of Cambridgeshire | The register office for Cambridge |
| London Borough of Camden | The register office for Camden |
| City and County of Cardiff | The register office for Cardiff |
| County of Ceredigion | The register office for Cardiganshire North |
| County Borough of Conwy | The register office for Aberconwy |
| County of Cornwall | The register office for Truro |
| City of Coventry | The register office for Coventry |
| London Borough of Croydon | The register office for Croydon |
| County of Cumbria | The register office for Carlisle or the register office for Kendal |
| County of Devon | The register office for Exeter |
| London Borough of Ealing | The register office for Ealing |
| London Borough of Enfield | The register office for Enfield |
| County of Essex | The register office for Colchester |
| County of Gloucestershire | The register office for Gloucester |
| London Borough of Greenwich | The register office for Greenwich |
| London Borough of Hackney | The register office for Hackney |
| London Borough of Hammersmith and Fulham | The register office for Hammersmith and Fulham |
| County of Hampshire | The register office for Hampshire North |
| London Borough of Haringey | The register office for Haringey |
| London Borough of Harrow | The register office for Harrow |
| London Borough of Havering | The register office for Havering |
| County of Hertfordshire | The register office for Dacorum |
| London Borough of Hillingdon | The register office for Hillingdon |
| London Borough of Hounslow | The register office for Hounslow |
| Royal Borough of Kensington and Chelsea | The register office for Kensington and Chelsea |
| County of Kent | The register office for Kent |
| City of Kingston upon Hull | The register office for Hull |
| Royal Borough of Kingston upon Thames | The register office for Kingston upon Thames |
| London Borough of Islington | The register office for Islington |
| London Borough of Lambeth | The register office for Lambeth |
| City of Leeds | The register office for Leeds |
| City of Leicester | The register office for Leicester |
| London Borough of Lewisham | The register office for Lewisham |
| County of Lincolnshire | The register office for Lincolnshire |
| City of Liverpool | The register office for Liverpool |
| Borough of Luton | The register office for Luton |
| City of Manchester | The register office for Manchester |
| London Borough of Merton | The register office for Merton |
| Borough of Middlesbrough | The register office for Middlesbrough |
| Borough of Milton Keynes | The register office for Milton Keynes |
| City of Newcastle upon Tyne | The register office for Newcastle upon Tyne |
| London Borough of Newham | The register office for Newham |
| County of Norfolk | The register office for Norwich |
| County of Northamptonshire | The register office for Northampton |
| City of Nottingham | The register office for Nottingham |
| County of Oxfordshire | The register office for Oxfordshire |
| County of Pembrokeshire | The register office for Pembrokeshire |
| City of Peterborough | The register office for Peterborough |
| City of Plymouth | The register office for Plymouth |
| County of Powys | The register office for Mid Powys |
| Borough of Reading | The register office for Reading |
| London Borough of Redbridge | The register office for Redbridge |
| City of Sheffield | The register office for Sheffield |
| County of Shropshire | The register office for Shropshire |
| Borough of Slough | The register office for Slough |
| City of Southampton | The register office for Southampton |
| London Borough of Southwark | The register office for Southwark |
| City of Stoke on Trent | The register office for Stoke on Trent |
| County of Suffolk | The register office for Bury St Edmunds |
| County of Surrey | The register office for North Surrey |
| City and County of Swansea | The register office for Swansea |
| Borough of Swindon | The register office for Swindon |
| London Borough of Tower Hamlets | The register office for Tower Hamlets |
| London Borough of Waltham Forest | The register office for Waltham Forest |
| London Borough of Wandsworth | The register office for Wandsworth |
| City of Westminster | The register office for Westminster |
| County of West Sussex | The register office for Crawley |
| County Borough of Wrexham | The register office for Wrexham |
Explanatory note
(This note is not part of the Regulations)
Schedule 23 to the Civil Partnership Act 2004 (“the 2004 Act”) makes provision for certain procedures to be followed where a civil partnership is to be formed in the United Kingdom and a party to the proposed civil partnership is subject to immigration control. These procedures are additional to the standard procedures to be followed by all couples prior to formation of a civil partnership.
If the civil partnership is to be formed in England and Wales, paragraph 4(1) of Schedule 23 requires that the notice of proposed civil partnership must be given to a specified registration authority and must be delivered to the relevant individual in person by the two proposed civil partners. If the civil partnership is to be formed in Scotland, paragraph 9(1) of Schedule 23 requires that notice must be given to the district registrar of a specified registration district, and similarly if the civil partnership is to be formed in Northern Ireland, paragraph 13(1) of Schedule 23 requires that notice must be given to a prescribed registrar.
Paragraph 2(1) of Schedule 23 provides that the fact that notice of proposed civil partnership has been given must not be recorded in the register unless the person to whom notice is given is satisfied that the person subject to immigration control either (a) has an entry clearance granted expressly for the purpose of enabling him to form a civil partnership in the United Kingdom, (b) has the written permission of the Secretary of State to form a civil partnership in the United Kingdom, or (c) falls within a class specified in regulations made by the Secretary of State.
Paragraph 2(3) of Schedule 23 applies section 25 of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (which enables the Secretary of State by regulations to make provision in relation to applications for permission to marry in the United Kingdom) in relation to applications for permission to form a civil partnership in the United Kingdom.
These Regulations make provision in relation to these procedures.
Regulation 3 makes provision in relation to applications for the written permission of the Secretary of State to form a civil partnership in the United Kingdom. An application must be made in writing and contain the information set out in Schedule 1, and must be accompanied by a fee of £135.
By regulation 4, persons who are settled in the United Kingdom (as defined in paragraph 6 of the Immigration Rules) and persons to whom Schedule 3 of the 2004 Act (registration by former spouses one of whom has changed sex) applies are specified for the purpose of paragraph 2(1)(c) of Schedule 23 to the 2004 Act.
By regulation 5(1), the registration authorities in England and Wales listed in the left-hand column of Schedule 2 are specified for the purposes of paragraph 4(1) of Schedule 23 to the 2004 Act, and regulation 5(2) defines the relevant individual to whom notice must be delivered by reference to the register offices listed in the right-hand column of Schedule 2. By regulation 6 every registration district in Scotland is specified for the purposes of paragraph 9(1) of Schedule 23 to the 2004 Act, and by regulation 7 the registrar of every register office in Northern Ireland is prescribed for the purposes of paragraph 13(1) of Schedule 23 to the 2004 Act.
Regulation 8 makes a minor amendment to the Immigration (Procedure for Marriage) Regulations 2005, to require that applications for permission to marry in the United Kingdom contain information about any previous civil partnerships.
Regulations 4 to 8 (and Schedule 2) will come into force on 5th December 2005, the commencement date for the substantive provisions of the 2004 Act. Regulations 1 to 3 (and Schedule 1) will come into force on 14th November 2005 to enable persons subject to immigration control to make an advance application for the written permission of the Secretary of State to form a civil partnership in the United Kingdom after substantive commencement of the 2004 Act.