What Is Sham Marriage in the UK?

In a sham marriage, two people who aren’t in a genuine relationship get married for some gains. Since the relationship isn’t genuine, the couple doesn’t have a proper dependency or relationship with one another and has no intention of living together as a married couple. Usually, these marriages are used for circumventing immigration laws. In the UK, thousands of sham marriages occur every year.

How are sham marriages investigated?

For the marriage to occur, a couple must give a Register Office notice of their intention to marry. If at least one of the fiancés isn’t exempt from notification, the registrar must tell the Home Office. Following are individuals who are exempt from notification:

• Individuals exempt from immigration control or with a marriage visitor visa, civil partnership, or a valid fiancé; and
• Individuals who have permanent residence or Indefinite Leave to Remain; and
• British nationals and Swiss or EEA nationals.

Who will be investigated?

The Home Office doesn’t have the grounds or resources to investigate every wedding where at least one party to the planned marriage isn’t exempt. The Home Office should only begin the investigations if there are appropriate grounds to believe it’s a sham marriage. The Home Office has come up with guidance on the factors that it’ll consider when deciding whether or not it suspects a sham marriage. Best immigration lawyers in London advise the factors the Home Office considers comprises whether either fiancé:

• Has the information in their immigration history, which, depending on immigration intelligence, gives rise to a sufficient ground to suspect that the proposed civil partnership or marriage may be a sham.
• Has an incredible immigration application based on their relationship with another partner or spouse, or has previously sponsored by another partner or spouse to remain in or come to the UK; or
• Has previously acquired leave, or tried to do so, based on forged/false documents; or
• There’s evidence of links to criminality or has been convicted of a criminal offence; or
• Entered the UK illegally; or
• Is in breach of the conditions of their immigration leave or is immigration over stayer.

Consequences of entering into a sham marriage

EEA and non-EEA under EEA Regulations can be removed from the UK if they’re found to have entered into a sham marriage.

Plus, under the 1971 Immigration Act, a criminal prosecution could take place for obtaining leave by assisting unlawful immigration or deception.

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