Marriage and Civil Partnership Referral and Investigation Scheme: What You Need to Know

The UK government has implemented measures to prevent sham marriages and civil partnerships used to circumvent immigration controls. The Marriage and Civil Partnership Referral and Investigation Scheme, introduced under the Immigration Act 2014, strengthens the process for identifying and investigating suspicious unions.

From 2 March 2015, the UK government extended the notice period for marriage and civil partnership from 15 to 28 days across the UK. This applies to all couples marrying or forming a civil partnership via civil preliminaries. In England and Wales, couples involving a non-relevant national intending to marry in the Anglican Church are now required to:

• Complete civil preliminaries
• Give notice at a register office
• Be subject to the 28-day notice period
• Similar notice period extensions were implemented in Scotland and Northern Ireland under the respective devolved administrations.

Proposed marriages or civil partnerships are referred to the Secretary of State if:

• At least one party is a non-relevant national (not a British/Irish citizen, settled person, or exempt individual).
• The non-relevant national has limited or no immigration status or fails to provide evidence of exemption.

A person is exempt if they fall under one of the following categories:

1. Relevant nationals – British or Irish citizens, or those with settled/pre-settled status under the EU Settlement Scheme (EUSS).
2. Non-relevant nationals with exemption proof – e.g., those exempt from immigration control (diplomats, armed forces) or with indefinite leave to remain (ILR).
3. Non-relevant nationals with a valid visa – e.g., a marriage visitor visa, fiancé(e) visa, or proposed civil partner visa.

If both parties are exempt, a referral may still occur if they fail to provide sufficient evidence.

Step 1: Referral to the Home Office

• Registration officers refer cases where one or both parties are non-exempt.
• The Home Office assesses referrals against intelligence and risk profiles.

Step 2: Assessing Conditions for Investigation

The Secretary of State can only investigate if:

Condition A – Non-Exempt Status

• Only one or neither party is exempt.

Condition B – Reasonable Suspicion of Sham

The Home Office checks for risk factors, such as whether either party:
✔ Is an immigration overstayer, absconder, or illegal entrant.
✔ Someone who has previously been involved in a sham marriage.
✔ Has a criminal record or suspected links to criminality.
✔ Has submitted fraudulent immigration applications.
✔ Has a pending immigration application based on another relationship.

Step 3: Decision to Investigate

• If both conditions are met, the Home Office may extend the notice period from 28 to 70 days so it can carry out further investigation.
• Couples cannot marry or form a civil partnership during an ongoing investigation.

Under Sections 24 & 24A of the Immigration and Asylum Act 1999, a sham arrangement exists if:

• At least one party is a non-relevant national.
• There is no genuine relationship between the parties.
• The primary purpose is to bypass UK immigration rules.

Operational Considerations

• The Home Office uses automated checks and manual assessments to prioritise high-risk cases.
• Not all cases with risk factors are investigated—decisions are made case by case.
• Investigations aim to optimise enforcement impact while managing operational resources.

The Marriage and Civil Partnership Referral and Investigation Scheme plays a critical role in protecting the integrity of the UK’s immigration system. Specifically, by targeting sham marriages and civil partnerships, the Home Office aims to reduce abuse while simultaneously ensuring that genuine couples can proceed with minimal disruption. Furthermore, it is important for individuals planning to marry or form a civil partnership in the UK to understand their immigration status and provide the necessary documentation. In addition, authorities remain vigilant in identifying and taking action against sham arrangements, while at the same time facilitating legitimate marriages and civil partnerships.

With over 20 years of experience and a commitment to excellence, Morgan Smith Immigration is your trusted partner for all your immigration needs. Contact us today to learn more about how we can assist you with UK Visa Applications. For any enquiries or assistance, call us at 0203 959 3335 or email [email protected].