LRSA Conference — GRO Marriage and civil partnership

LRSA Conference - GRO Marriage and civil partnership update Presented by: Eric Powell Date: 23 April 2014

Content • Marriage of same sex couples • Sham marriages/civil partnerships • Government consultations

Marriage of same sex couples Key Changes Phase 1 – delivered 13 March • Civil marriage for same sex couples • Religious marriage for same sex couples – Religious consent Phase 1 a – June 2014 Phase 2 (by end 2014) • Conversions from CP to marriage • Marriage continuing on gender recognition • CP continuing on both parties obtaining gender recognition

Conversions • Straight forward administrative process • Face to face – Evidence of identity and CP – Statement that CP not subsequently dissolved – That CP should be converted to marriage • • Cost recovery fee RON system will be updated Electronic registration Option for celebratory non statutory service following conversion

Processes Gender recognition • Will be administered by GRO • Following formal Gender recognition • Couple will be provided with new marriage or CP certificate • Certificates must not inadvertently “out” an individual • Original entry will be annotated

Immigration Bill • Phase 1 (2 months after Royal Assent) – enhanced data sharing powers includes – Pre-notice s 24 reports – Reporting immigration offences, e. g. overstayers – Data sharing with local authorities – Sharing information with each other – Data sharing with OGD’s • Phase 2 – implementation of referral scheme (Spring 2014) – Referral of those in scope of the scheme to Immigration Enforcement – Change to notice period

Phase two provisions Overview • • • All Marriage/CP subject to 28 day notice Anglican marriages involving non EEA national Designated Register Offices retained All marriages within scheme referred to IE S 24 reports will remain

Sham Marriages/CP Taking a notice – Phase 2 Taking a notice – Evidence – Everyone will be required to produce evidence of name, surname, date of birth, place of residence, nationality and immigration status – Those in scope of the scheme will be required to provide a photograph – Non EEA nationals must make a statement as to their immigration status – Those in scope of the scheme will also have to provide their usual address/contact address – Evidence relating to the ending of a previous marriage or civil partnership, if applicable.

Sham Marriages/CP Referral to Home Office - proposals • Referral to IE • IE will contact the couple and the registration officer before the end of the 28 day waiting period to advise either – – the waiting period has been extended to 70 days, or – the Certificate for Marriage/CP Schedule can be issued • If the waiting period is extended IE will contact the couple and the registration officer before the end of the 70 days to advise either – – the Certificate for Marriage/CP Schedule can be issued, or – the couple have not complied with the scheme and therefore the Certificate for Marriage/CP Schedule cannot be issued – If the 28 or 70 day period lapses and the authority has not been received from IE the certificate for marriage/Schedule may be issued

Government consultations • Review of Civil Partnerships – Publication of outcome by winter 2014 • Review of Belief Marriages – Formal government consultation – Publication of outcome by 1 January 2015 – Order making power contained within Marriage (Same Sex Couples) Act 2013

Questions ?