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. 

Tips to Make UK Visa Application

With good lifestyle and lucrative business opportunities, United Kingdom is amongst the popular destinations for migration. If you are planning to visit the UK, here are some tips that will help in better and quicker processing of your applications

Know the visa type: Even if you are going to Britain only for a visit, you have to choose the right category of visa as per the purpose of visit.  Is it for leisure? Are you travelling with your employer for work? Is it for business? By knowing the correct category of visa, you will understand the do-s and don’t-s under the specific terms and conditions of that category. If you plan to settle in the country after sometime, do talk to immigration advisers in UK.

Submit the application early: There are many applicants for UK visas. Try to be as early as feasible. In most countries, you can submit a visa application as far as 3 months before your departure to the country. Check the public holiday dates as the embassy may be closed for work on certain days in a country.

Gather the supporting documents: All the relevant documents supporting your credentials to visit the UK must be ready when you apply for the visa. These usually include but are not limited to your age proof, address proof, income tax returns and certificates of sponsorship by employer wherever applicable.

Arrange for the fee and other expenses: The fee for visas depends on their categories. This must be paid in time. Additionally, you should also have adequate funds to support yourself and any dependents while visiting the country.

Britain is a land of cultural heritage and economic opportunities. You may be travelling for leisure or work, we wish you a good time!