The Home Office has moved another part of the marriage referral scheme onto its digital rails. A new statutory instrument, SI 2026/85, laid before Parliament on 2 February 2026 and in force from 25 February 2026, allows registrars to confirm a partyâs exemption from immigration control using a UKVI share code rather than relying solely on paper letters. For couples, it means the notice appointment can be supported by a timeâlimited code that shows status in the online UK Visas and Immigration account; for operators of approved premises, it signals more onâtheâday verification at the registry office.
The amendments touch the two 2015 frameworks that underpin sham marriage checks. For England and Wales, Schedule 1 of the Referral of Proposed Marriages and Civil Partnerships Regulations 2015 (SI 2015/123) is updated. For Scotland and Northern Ireland, the Sham Marriage and Civil Partnership (Administrative) Regulations 2015 (SI 2015/404) are updated. In both, an applicant who says they are exempt from immigration control can either provide a letter from the Secretary of State or present their date of birth plus a valid share code, which must unlock a digital record in the UKVI account confirming the exemption.
Crucially, the regulations spell out how registrars handle expiring credentials. If access fails because a code has timed out or cannot be read, the superintendent registrar can require the individual to generate a fresh code for a specified period. The instrument also inserts clear definitions of an âonline UK Visas and Immigration accountâ and a âshare codeâ, closing the gap between longâstanding paper evidence and todayâs digital status system.
The legal scaffolding remains the Immigration Act 2014. Part 4 established the referral and investigation scheme for proposed marriages and civil partnerships involving a person who could gain an immigration advantage. Where at least one party is not exempt, the registrar must refer the notice to the Secretary of State to decide whether to investigate. The change here is narrow but practical: it modernises the evidence route for those who are exempt from immigration control so registrars can see that fact directly on the UKVI record without waiting for letters to surface.
The timeline is tight and official. The regulations were made on 29 January 2026, laid on 2 February 2026, and commence on 25 February 2026. The Home Office records that the Registrar General for England and Wales, the Registrar General for Scotland and the Registrar General for Northern Ireland were consulted. The instrument bears the signature of Mike Tapp, Parliamentary UnderâSecretary of State at the Home Office, and applies across England, Wales, Scotland and Northern Ireland with the territorial split set out in regulations 2 to 4.
Directors running wedding venues or approved premises should treat this as a queueâmanagement issue, not a constitutional debate. The biggest risk is a notice appointment derailed by an expired code or a mismatch in personal details. Build preâappointment reminders that prompt couples to generate a fresh code on the day, doubleâcheck names and dates of birth against passports, and keep a simple escalation route if the registrar requests a new code at short notice.
Keep compliance boundaries clear. Share codes used for marriage and civil partnership notices are not the same process as Right to Work checks, even though both use UKVIâs digital status service. Only collect what you need to support the ceremony booking and the registrarâs requirements, record why you collected it, and delete it once the registrar confirms the check is complete. That reduces data risk while keeping couples on track.
The Explanatory Note on legislation.gov.uk states that no significant impact is expected on the private, voluntary or public sector. Directors will recognise that âno significant impactâ rarely means âno workloadâ. Digital credentials expire; registry offices are stretched; peakâseason timelines are unforgiving. A short standard operating procedure, staff briefings, and clear terms in booking confirmations will prevent lastâminute cancellations that turn into refunds and reputational damage.
What has not changed is the threshold for referral or the Home Officeâs powers to investigate suspected sham cases. What has changed is how an exempt person proves that position. From 25 February, if a registrar asks for a fresh code during the appointment, that request is now baked into the regulations. Plan for it, communicate it to couples early, and keep the day running without costly delays.
