Notice of intention - subject to immigration

What does subject to immigration mean?

People fall into one of two categories when giving notice of intention, those who are relevant nationals and those that are subject to immigration. A relevant national is a person who meets one of the below criteria;

  • A British citizen
  • An Irish citizen
  • A person who has EU settled status or pre-settled status (external link)
  • A person who has a EU settled status pending application that they applied for on or before 30 June 2021

If a person is not one of the above list, or can not provide evidence to support the criteria, they are subject to immigration.

If you and / or your partner are subject to immigration control you will need to give notice together at your local register office (external link). If you live in different districts you can choose whether to attend your local office or your partner's local office.

*If you are both exempt from immigration controls in the UK (e.g. you have Right of Abode, diplomatic status or are serving in HM Forces) and can provide evidence, notice is given at your local register office (external link).

 

Immigration considerations

Information on marriage / civil partmership immigration can be found on www.gov.uk/marriages-civil-partnerships (external link)

Couples who are subject to immigration are advised to seek advice from the Home Office and apply for any necessary visas or entry clearances in good time. If coming from abroad, including the European Union or EEA, individuals must check to ensure that they have the correct entry clearance to enter the United Kingdom to have a marriage or civil partnership.

Hartlepool Registration Service are not able to advise on immigration matters. It is the couple's responsibility to ensure that they comply with immigration. Approved immigration advisors can be found at gov.uk (external link). Further information is available from Citizens Advice (external link).

 

Home Office Marriage Referral Scheme

All Register Offices are required to refer most couples that give notice and are subject to immigration to the Home Office, this is known as the Home Office Marriage Referral Scheme. If the Home Office decide to investigate the notice period may be extended from 28 days to 70 days in order to give them time to do so, this should be taken into account when planning a ceremony date.

Couples with a Marriage / Civil Partnership Visa or who have Indefinite Leave to Remain (ILR) / Indefinite Leave to Enter (ILE) do not fall into the scheme and will not be referred to the Home Office.

 

Further information

Giving notice of intention