The Home Office has amended the evidence rules for the marriage and civil partnership referral scheme. The Sham Marriage and Civil Partnership (Referral of Proposed Marriages and Civil Partnerships) (Amendment) Regulations 2026 (S.I. 2026/85) were made on 29 January 2026, laid before Parliament on 2 February 2026 and will come into force on 25 February 2026. The instrument is signed by Mike Tapp, Parliamentary Under‑Secretary of State at the Home Office.
Regulation 3 updates Schedule 1 of the Referral of Proposed Marriages and Civil Partnerships Regulations 2015 for England and Wales; Regulation 4 makes equivalent changes to Schedule 1 of the Sham Marriage and Civil Partnership (Scotland and Northern Ireland) (Administrative) Regulations 2015. Together they align evidential requirements across the UK schemes established in 2015. (legislation.gov.uk)
Under the amendment, a party claiming to be exempt from immigration control for the purposes of section 49 of the Immigration Act 2014 may, in place of the previous paper evidence route, either provide a Home Office letter confirming exemption or give notice accompanied by evidence of date of birth and a valid UKVI share code granting access to their online UKVI account. The account must display a digital record confirming exemption by virtue of a provision listed in paragraph 2(1) of Schedule 1 to the 2015 Regulations. (legislation.gov.uk)
Where a registrar cannot access the individual’s status using the initial share code-for example because it has expired-they may request a further share code that enables access for a specified period. The instrument also inserts statutory definitions of an “online UK Visas and Immigration account” and a “share code”, formally bringing digital status checks within the evidential framework used at notice.
Regulations 1 and 2 extend to England and Wales, Scotland and Northern Ireland. Regulation 3 applies to England and Wales; Regulation 4 applies to Scotland and Northern Ireland. In practice, superintendent registrars and their counterparts across the UK may verify exempt status using a UKVI share code when a party gives notice. (legislation.gov.uk)
The underlying referral scheme is unchanged. Under Part 4 of the Immigration Act 2014, registration officers must refer proposed marriages and civil partnerships to the Secretary of State where at least one party is not an exempt person; the Secretary of State may decide to investigate and extend the notice period from 28 to 70 days. Section 49 sets out who is an exempt person, including those exempt from immigration control, those who are settled, and holders of a relevant visa. (legislation.gov.uk)
For couples with digital status, the amendment confirms that the standard UKVI status‑sharing mechanism can be used to demonstrate exemption from immigration control at notice. Where access fails or a code has expired, registrars can require a replacement. Home Office statutory guidance confirms that the referral thresholds and investigatory approach continue to operate under the 2014 Act and related 2015 secondary legislation. (gov.uk)
The Explanatory Note records that no full impact assessment has been produced on the basis that no, or no significant, impact on the private, voluntary or public sector is foreseen. Registration services should nevertheless update front‑of‑house scripts, appointment correspondence and notice checklists so applicants know to present a valid share code alongside evidence of date of birth.
By updating the evidential lists in the 2015 regulations for England and Wales and the administrative regulations for Scotland and Northern Ireland, the Home Office is exercising powers in section 54 and Schedule 5 of the Immigration Act 2014 to standardise digital checks across UK civil registration systems. The change does not alter investigation powers or timelines under the 2014 Act. (legislation.gov.uk)