Commentary on Sections Part 4: Marriage and Civil Partnership Chapter 1: Referral and Investigation of Proposed Marriages and Civil Partnerships Section 49: Exempt persons
227.Subsection (1) provides for three categories of persons who are exempt from the referral and investigation scheme: subsection (1)(a) a relevant national as defined in section 55 (British citizen, EEA national or Swiss national); subsection (1)(b) on the basis of having the appropriate immigration status, as defined in subsection (2); and subsection (1)(c) on the basis that the person holds a relevant visa, as defined in regulations made under subsection (4).
228.Subsection (2) provides that a person has the appropriate immigration status if they fall into one of three categories: a non-EEA national with an EU law right of permanent residence in the UK; a person exempt from immigration control as defined in regulations made under subsection (3); or a person who has settled status in the UK, as defined in section 33(2A) of the 1971 Act.
229.Subsection (3) provides for the question whether a person is exempt from immigration control (and therefore an exempt person under subsections (1)(b) and (2)(b)) to be determined in accordance with regulations made by the Secretary of State.
230.Subsection (4) provides for regulations to be made by the Secretary of State specifying what kinds of visa or other authorisation constitute a relevant visa for the purpose of being an exempt person under subsection (1)(c).
231.Subsection (5) limits the types of visa or other authorisation which may be specified in the regulations in subsection (4) to those which are granted for the purpose of enabling a person to enter or remain in the UK to marry or form a civil partnership.