§ Mr. LidingtonTo ask the Chancellor of the Exchequer (1) if it is his policy that registration officers should check(a) the passports and (b) the validity of visas of persons intending to marry; and if he will make a statement; [139342]
(2) what guidance he (a) has issued and (b) plans to issue to registration officers about sharing information with the immigration authorities; [139341]
(3) what training he is providing for registration officers about their duties under the Immigration and Asylum Act 1999. [139340]
§ Miss Melanie JohnsonThe information requested falls within the responsibility of the Registrar General. I have asked him to reply.
Letter from Len Cook to Mr. David Lidington, dated 30 November 2000:
As Registrar General for England and Wales I have been asked to reply to your three recent questions about the arrangements for the coming into force on 1 January 2001 of section 24 of the Immigration and Asylum Act 1999 (the 1999 Act). As you know, section 24 is concerned with the duty on registration officers to report suspicious marriages. Specifically you asked about registration officers checking passports and visas and their training and guidance to be issued. (139340/1/2)
943WUnder current legislation, registration officers need to ensure the accuracy of information contained in the notice of intention to marry. To achieve this they may examine a variety of documents. The person giving notice of marriage may be asked to provide documentary evidence showing use and spellings of names and details of age and marital status in order to verify the particulars. A variety of documents, including a passport, may be produced.
I have not issued any policy guidance to registration officers regarding checks on passports on the validity of visas of persons intending to marry. However, the 1999 Act places a duty on registration officers to report to the Home Office marriages they reasonably suspect as being sham marriages. If, in the course of examining a passport, a registration officer discovers the visa of a part to a marriage has expired this may be taken into account, together with other factors, in assessing whether the marriage is a sham.
Registration officers in England and Wales have been invited to attend a seminar arranged to address both the impact on their statutory duties and the consequential amendments to marriage law arising from the 1999 Act.
The Reporting of Suspicious Marriages and Registration (Miscellaneous Amendments) Regulations 2000 are to be laid before Parliament shortly. They set out the procedure for reporting sham marriages to the Secretary of State for the Home Department where it is suspected that the marriage is or has been entered into for the purpose of avoiding the effect of United Kingdom immigration law. The regulations specify that reports are made direct to the Immigration and Nationality Directorate and stipulate the information to be contained in reports.
A copy of these regulations will be issued to every superintendent registrar in England and Wales. They will also receive written guidance and revised instructions for inclusion in the Handbook for Registration Officers that will contain advice about reporting arrangements. I have no plans to issue further guidance on sharing information with the immigration authorities.