The Home Office has laid the Sham Marriage and Civil Partnership (Referral of Proposed Marriages and Civil Partnerships) (Amendment) Regulations 2026 (S.I. 2026/85). The instrument allows registration officers to rely on a UK Visas and Immigration (UKVI) share code to verify when a party is exempt from immigration control for the purposes of giving notice. It was made on 29 January 2026, laid before Parliament on 2 February 2026, and comes into force on 25 February 2026.
The amendments operate across the UK by updating the 2015 secondary legislation that underpins the referral scheme. Regulation 3 amends Schedule 1 of the Referral of Proposed Marriages and Civil Partnerships Regulations 2015 (S.I. 2015/123) for England and Wales, while Regulation 4 makes parallel changes to the Sham Marriage and Civil Partnership (Scotland and Northern Ireland) (Administrative) Regulations 2015 (S.I. 2015/404). Regulations 1 and 2 extend UK‑wide; Regulation 3 applies to England and Wales; Regulation 4 applies to Scotland and Northern Ireland.
In practical terms, a party can either produce a letter from the Secretary of State confirming exemption from immigration control for section 49 of the Immigration Act 2014, or provide their notice with two items: evidence of date of birth and a valid share code giving time‑limited access to their online UKVI account. The UKVI account must display a digital record confirming that the person is exempt from immigration control under a provision listed in the relevant 2015 Schedule. If access fails or the code has expired, the superintendent registrar may require a new code for a specified period.
The instrument also adds clear definitions. An “online UK Visas and Immigration account” is the digital account maintained by the Secretary of State through which individuals access, manage and share their immigration status. A “share code” is the electronically generated code that enables a third party-here, the registration service-to view status information for verification purposes.
These changes sit within the referral and investigation scheme established by Part 4 of the Immigration Act 2014. Under that scheme, registrars must refer proposed marriages and civil partnerships where one or both parties are not exempt persons. Exempt persons include relevant nationals and those exempt from immigration control; specified visa holders are also treated as exempt for referral purposes under secondary legislation. Where the Home Office decides to investigate a referred case, the statutory notice period may be extended from 28 days to 70 days to enable enquiries.
For registration services, the update standardises digital checks, reducing reliance on paper correspondence to confirm exemption from immigration control. Superintendent registrars should ensure staff know how to use the UKVI online checking service, record date‑of‑birth evidence alongside the share code, and request a replacement code when access is not available. Local operational guidance and appointment communications may need updating before commencement.
For couples who are exempt from immigration control-such as those covered by diplomatic or comparable exemptions-the ability to prove status digitally should shorten appointments and reduce repeat visits. Parties should generate the share code shortly before giving notice and be prepared to provide a replacement if requested by the registrar.
The Explanatory Note confirms that a full impact assessment has not been produced as no, or no significant, impact on the private, voluntary or public sector is foreseen. The instrument records consultation with the Registrars General for England and Wales, Scotland and Northern Ireland before making the Regulations. The amendments do not change who is an exempt person or the obligation to refer non‑exempt cases; they solely update how exemption from immigration control can be evidenced.