Immigration and Asylum Bill

Immigration and Asylum Bill - continued	House of Commons
PART I, IMMIGRATION: GENERAL - continued

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Reporting suspicious marriages

Duty to report suspicious marriages.

15. - (1) Subsection (3) applies if-

(a) a superintendent registrar to whom a notice of marriage has been given under section 27 of the Marriage Act 1949,

(b) any other registrar or deputy registrar who, under section 28(2) of that Act, has attested a declaration accompanying such a notice,

(c) a district registrar to whom a marriage notice or an approved certificate has been submitted under section 3 of the Marriage (Scotland) Act 1977, or

(d) a registrar or deputy registrar to whom notice has been given under section 13 of the Marriages (Ireland) Act 1844 or section 4 of the Marriage Law (Ireland) Amendment Act 1863,

has reasonable grounds for suspecting that the marriage will be a sham marriage.

(2) Subsection (3) also applies if-

(a) a marriage is solemnized in the presence of a registrar of marriages or, in relation to Scotland, an authorised registrar (within the meaning of the Act of 1977); and

(b) before, during or immediately after solemnization of the marriage, the registrar has reasonable grounds for suspecting that the marriage will be (or is) a sham marriage.

(3) The registrar concerned must report his suspicion to the Secretary of State-

(a) in such form and manner, and

(b) within such period,

as may be prescribed by regulations

(4) The regulations are to be made-

(a) in relation to England and Wales, by the Registrar General of Births, Deaths and Marriages in England with the approval of the Chancellor of the Exchequer;

(b) in relation to Scotland, by the Registrar General of Births, Deaths and Marriages for Scotland with the approval of the Secretary of State;

(5) "Sham marriage" means a marriage (whether or not void)-

(a) entered into between a person ("A") who is not an EEA national and a person who is an EEA national; and

(b) entered into by A for the purpose of avoiding the effect of one or more provisions of immigration law.

(6) "EEA national" means a national of a State which is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as it has effect for the time being.

Offences

Deception.

16. In the 1971 Act, after section 24, insert-

"Deception.	24A. - (1) A person who is not a British citizen is guilty of an offence if, by means which include deception by him, he obtains or seeks to obtain-
	(a) leave to enter or remain in the United Kingdom; or
	(b) the avoidance, postponement or revocation of enforcement action against him.
	(2) "Enforcement action", in relation to a person, means-
	(a) the giving of directions for his removal from the United Kingdom ("directions") under Schedule 2 to this Act or section 6 of the Immigration and Asylum Act 1999;
	(b) the making of a deportation order against him under section 5 of this Act; or
	(c) his removal from the United Kingdom in consequence of directions or a deportation order.
	(3) A person guilty of an offence under this section is liable-
	(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both; or
	(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.
	(4) The extended time limit for prosecutions which is provided for by section 28 applies to an offence under this section."

False statements etc.

17. - (1) Section 26 of the 1971 Act (general offences in connection with administration of the Act) is amended as follows.

(2) In subsection (1)(c), for "this Act" substitute "a relevant enactment".

(3) After subsection (2), insert-

	"(3) "Relevant enactment" means-
	(a) this Act;
	(b) the Immigration Act 1988;
	(c) the Asylum and Immigration Appeals Act 1993 (apart from section 4 or 5);
	(d) section 2 of the Asylum and Immigration Act 1996; or
	(e) the Immigration and Asylum Act 1999 (apart from Part VI)."

Prepared 9 February 1999