ABSTRACT

This section applies where a marriage is solemnised on the authority of a superintendent registrar issuing a certificate. It is a highly controversial provision because it has the effect of using marriage registrars as tools of immigration control, even if clearly there is abuse. However, the answer lies in proper enforcement of the existing law. For example, in 2003, over 2,300 sham marriages were identified, but only 60 people were arrested. However, existing law can deal with this. Immigration legislation already provided adequately for entry clearance to be obtained for the purpose of marriage. Appropriate enquires are made in this country regarding the basis of the issue of a certificate. If that certificate is not issued, a person cannot be married in this country. If the certificate is issued, there is no problem. The approach should be that only people who have the right to marry in this country are granted leave to remain. Secondly, no one is allowed to change status after entering the UK. A student has to return to his country if he wishes to be married and a visitor has to do the same to obtain the appropriate certificate to enter the UK. The rules are already adequate to deal with the problem of sham marriages.