Civil Registration (Amendment) Act 2014

3.

Amendment of section 2 of Principal Act

3. Section 2 of the Principal Act is amended by—

(a) in subsection (1), the insertion of the following definitions:

‘civil partnership of convenience’ means a civil partnership where at least one of the parties to the civil partnership—

(a) at the time of entry into the civil partnership is a foreign national, and

(b) enters into the civil partnership solely for the purpose of securing an immigration advantage for at least one of the parties to the civil partnership;

‘cohabitant’ shall be construed in accordance with section 172 of the Act of 2010;

‘enactment’ means—

(a) an Act of the Oireachtas,

(b) a statute that was in force in Saorstát Éireann immediately before the date of the coming into operation of the Constitution and that continues in force by virtue of Article 50 of the Constitution, or

(c) an instrument made under an Act of the Oireachtas or a statute referred to in paragraph (b);

‘evidence’ includes documentary evidence;

‘foreign national’ means a person who is neither an Irish citizen, nor a citizen of a member state;

‘immigration advantage’ means a determination in a person’s favour by or on behalf of the Minister for Justice and Equality of any question relating to the grant of a visa to, or the entry into, presence in or removal from the State of a foreign national or any determination of a right to enter or reside in the State pursuant to the—

(a) European Communities (Aliens) Regulations 1977 ( S.I. No. 393 of 1977),

(b) European Communities (Right of Residence for Non-Economically Active Persons) Regulations 1997 ( S.I. No. 57 of 1997), or

(c) European Communities (Free Movement of Persons) (No. 2) Regulations 2006 ( S.I. No. 656 of 2006);

‘immigration status’ means entitlement of a person to reside in the State and the basis for that entitlement;

‘marriage of convenience’ means a marriage where at least one of the parties to the marriage—

(a) at the time of entry into the marriage is a foreign national, and

(b) enters into the marriage solely for the purpose of securing an immigration advantage for at least one of the parties to the marriage;”,

(b) in subsection (2) —

(i) in paragraph (e), the substitution of “sex,” for “sex, or”,

(ii) in paragraph (f), the substitution of “partnership, or” for “partnership.”, and

(iii) the insertion of the following paragraph after paragraph (f):

“(g) the marriage would constitute a marriage of convenience.”,

and

(c) in subsection (2A)—

(i) in paragraph (e), the substitution of “sex,” for “sex, or”,

(ii) in paragraph (f), the substitution of “married, or” for “married.”, and

(iii) the insertion of the following paragraph after paragraph (f):

“(g) the civil partnership would constitute a civil partnership of convenience.”