Sham marriages - A challenge to UK Immigration Control

Marriages of convenience or so called sham marriages are also referred to as sham civil partnerships. These are civil partnerships or marriages that are contracted for the sole purpose of gaining an immigration advantage by two individuals who are not in a genuine relationship. The increasing incidence of such arrangements is posing a threat of significant nature to the UK immigration control. As per the estimates provided by the UK Home Office, the number of such applications ranges from 4,000 – 10,000 applications a year. Thus, every year such a high number of applications a year are filed on the basis of civil partnership or sham marriages as per the classification of Immigration Rules or under the Immigration (European Economic Area) regulations 2006. To combat these, the Immigration Bill was enacted upon by the UK government and provides some key alterations:

Those notices of marriages which appear to bring benefit in immigration terms involving a non-EEA national would be referred to Home Office – who would have the discretion to decide if the civil partnership should be investigated for being a sham or genuine.

Except in certain circumstances, non EEA nationals, would only be permitted to marry in either the Church of England or the Church of Wales.

Marriages which follow civil partnerships in England and Wales would be scheduled for a 28 days notice period.

Those marriage notifications, which have been referred to the Home Office are to be assessed for risk profiles and factors.

Home office exercises the discretion to extend the notice period to 70 days, if it feels that the marriage is a sham.

If any couple under this investigation during the notice period is suspected or does not comply, shall be unable to enter into a marriage.

In addition other changes have also been recommended and are necessary to minimize exploitation of immigration regulations, sometimes even the genuine relationships and applications may be erred upon. Thus it is best to file for any Visa related query/application through lawyers who are authorised to give UKimmigration advice.