Oxford sham marriage - Would-be-bride is escorted away

A sham marriage or fake marriage is a

marriage of convenience A marriage of convenience is a marriage contracted for reasons other than that of love and commitment. Instead, such a marriage is entered into for personal gain, or some other sort of strategic purpose, such as a political marriage. Cases whe ...

entered into without intending to create a real marital relationship. This is usually for the purpose of gaining an advantage from the marriage. Definitions of sham marriage vary by jurisdiction, but are often related to poverty. The essential point in the varying definitions is whether the couple intend to live in a real marital relationship, to establish a life together. A typical definition by the UK

Home Office The Home Office (HO), also known (especially in official papers and when referred to in Parliament) as the Home Department, is the United Kingdom's interior ministry. It is responsible for public safety and policing, border security, immigr ...

in 2015:

A sham marriage or civil partnership is one where the relationship is not genuine but one party hopes to gain an immigration advantage from it. There is no subsisting relationship, dependency, or intent to live as husband and wife or civil partners.

While referred to as a "sham" or "fake" because of its motivation, the union itself is legally valid if it conforms to the formal legal requirements for marriage in the jurisdiction. Arranging or entering into such a marriage to deceive public officials is in itself a violation of the law of some countries, for example the US. After a period, couples often

divorce Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganising of the legal duties and responsibilities of marriage, thus dissolving the M ...

if there is no purpose in remaining married. The reverse situation, in which a couple gets a divorce while continuing to live together, is called paper divorce.

Marriage fraud

Sham marriages are sometimes considered distinct from a marriage fraud, which is a type of

romance scam A romance scam is a confidence trick involving feigning romantic intentions towards a victim, gaining the victim's affection, and then using that goodwill to get the victim to send money to the scammer under false pretenses or to commit fraud ag ...

, in which one spouse is unwittingly taken advantage of by the foreign spouse who feigns romantic interest, typically in order to obtain a

residence permit A residence is a place (normally a building) used as a home A home, or domicile, is a space used as a permanent or semi-permanent residence for one or more human occupants, and sometimes various companion animals. Homes provide shelte ...

or for money.

Background

Common reasons for sham marriages are to gain immigration, residency, work, or

citizenship Citizenship is a membership and allegiance to a sovereign state. Though citizenship is often conflated with nationality in today's English-speaking world, international law does not usually use the term ''citizenship'' to refer to nationalit ...

rights for one of the spouses. There have been cases of people entering into a sham marriage to avoid suspicion of

homosexuality Homosexuality is romantic attraction, sexual attraction, or Human sexual activity, sexual behavior between people of the same sex or gender. As a sexual orientation, homosexuality is "an enduring pattern of emotional, romantic, and/or sexu ...

bisexuality Bisexuality is romantic attraction, sexual attraction, or Human sexual activity, sexual behavior toward both males and females. It may also be defined as the attraction to more than one gender, to people of both the same and different gender, ...

, etc. For example, Hollywood studios had allegedly requested homosexual/homoromantic actors, such as

Rock Hudson Rock Hudson (born Roy Harold Scherer Jr.; November 17, 1925 – October 2, 1985) was an American actor. One of the most popular film stars of his time, he had a screen career spanning more than three decades, and was a prominent figure in the G ...

, to conceal their homosexuality in a so-called

lavender marriage A lavender marriage is a male–female mixed-orientation marriage, undertaken as a marriage of convenience to conceal the socially stigmatized sexual orientation of one or both partners. The term dates from the early 20th century and is used almo ...

. Sham marriages have also been used to avoid military conscription in the US and

Israel Israel, officially the State of Israel, is a country in West Asia. It Borders of Israel, shares borders with Lebanon to the north, Syria to the north-east, Jordan to the east, Egypt to the south-west, and the Mediterranean Sea to the west. Isr ...

Fraud

Since the intersection of citizenship-by-marriage laws and affordable international travel in the latter half of the 20th century, sham marriages have become a common method to allow a foreigner to reside, and possibly gain citizenship, in the country of the spouse. The couple marries with knowledge that the marriage is solely for the purpose of obtaining the favorable immigration status, and without intending to live as a couple. This is frequently arranged as a business transaction with payment of a sum of money, and occurs more commonly with foreigners already in the country.

United Kingdom

In the UK, sham marriage is a form of

immigration fraud Illegal immigration is the migration of people into a country in violation of that country's immigration laws, or the continuous residence in a country without the legal right to do so. Illegal immigration tends to be financially upward, wi ...

undertaken to gain legal immigrant status. The fraud is investigated mostly by the UK

Border Force Border Force (BF) is a British law enforcement command within the Home Office, responsible for frontline border control operations at air, sea and rail ports in the United Kingdom. The force was part of the now defunct UK Border Agency from i ...

and previously by the

UK Border Agency The UK Border Agency (UKBA) was the border control agency of the Government of the United Kingdom and part of the Home Office that was superseded by UK Visas and Immigration, Border Force and Immigration Enforcement in April 2013. It was forme ...

. Increases in sham marriage were reported in London boroughs such as

Wandsworth Wandsworth Town () is a district of south London, within the London Borough of Wandsworth southwest of Charing Cross. The area is identified in the London Plan as one of 35 major centres in Greater London. Toponymy Wandsworth takes its name ...

. In August 2010, a senior registrar in Ireland estimated that 15 percent of civil marriages were bogus, for the purpose of gaining residency. Before 2010, people would need a marriage visa from their own country of origin. In April 2011, the Border Agency issued guidance to clergy to help prevent sham marriages intended only to gain the right to reside. English and Welsh clergy may perform a marriage, according Marriage in England and Wales, to the law there. They have been advised not to offer to publish Banns of marriage, banns for any marriage where one partner is from outside the European Union. Instead, the couple were to be asked to apply for a licence; if a member of the clergy is not satisfied that a marriage is genuine, they must make that clear to the person responsible for granting the licence. Since the Home Office hostile environment policy started in 2012, there has been criticism in the UK of heavy-handed action affecting genuine marriages. Genuine weddings have been interrupted, and dawn raids have been made to check whether couples are sharing a bed. People have been Immigration detention, detained for months on wrongly being accused of being in a sham marriage. In 2018, 1,618 marriages reported by Register office (United Kingdom), registrars as being suspicious were investigated; the Home Office refused to say how many were found to be sham. In 2013, the Home Office estimated that between 4,000 and 10,000 marriages per year were sham marriages entered for the purpose of gaining legal immigration status for the non-EU partner.

United States

A green card marriage is a

between a legal resident of the United States of America and a person who would be ineligible for residency if they were not being married to the resident. The term derives from the availability of permanent resident documents ("Permanent residence (United States), green cards") for spouses of legal residents in the United States, where marriage is one of the fastest and surest ways to obtain legal residence. Marriages, if legitimate, entitle the spouse to live and work in the United States, as in most other countries. In the United States, 2.3 million marriage visas were approved from 1998 through 2007, representing 25% of all green cards in 2007. Even if the non-resident spouse was previously an illegal immigrant, marriage entitles the spouse to residency. Most marriages between residents and non-residents are undertaken properly, for reasons other than or in addition to residency status. That said, the practice of obtaining residency through marriage is illegal in the United States if the marriage itself is fraudulent. A marriage that is solely for purposes of obtaining legal residence is considered a sham, and is a crime in the United States for both participants. Many of the arrangements are simple transactions between two individuals, often in exchange for money paid to the legal resident. In other cases the legal resident is an unwitting victim of a fraudulent marriage. In yet other cases the marriages are arranged by criminal enterprises, sometimes involving the complicity of corrupt immigration officials who accept payment for describing the marriage as legitimate in immigration paperwork.

Switzerland

In Switzerland, sham marriages are punished with a monetary punishment or prison if crucial information is intentionally withheld from immigration authorities, or if somebody is married to circumvent immigration laws. Before 2005, being involved in a sham marriage was not punished, but the marriage was dissolved anyway if it manifested an abuse of rights – with the usual consequence that the foreigner lost his permit and had to leave the country. Marriages for any other purpose than circumventing immigration laws (e.g. avoiding inheritance taxes) are legal.

India

Matrimonial fraud is heavily increasing in India. Some women have been convicted of Honey trapping, honey-trapping men into marriages, and later filing fraudulent complaints, with the goal of taking money.

Legislation and investigation

In United States immigration law, marriage not made in good faith and for purposes of illegal immigration, immigration fraud is a felony, subject to a penalty of a US$250,000 fine and five-year prison sentence on the citizen, and deportation of the foreigner. In the 2009 fiscal year, 506 of the 241,154 petitions filed were denied for suspected fraud, a rate of only 0.2%. United States Citizenship and Immigration Services, U.S. Citizenship and Immigration Services typically conducts an interview of marriage-based green card applicants, with additional scrutiny if they are from a developing country, have a different ethnicity or religion from their sponsor, have a large age gap with their sponsor, or have a history of prior marriage-based green card applications. In Canada, legislation on sham marriages was strengthened in 2012. Continuous controversy arose regarding the issue; Canadian officials have been accused both of being too harsh and harassing couples and of being too lenient in deciding what is a genuine relationship. In addition, there have been objections to the policy from women's rights, women's organizations, which argued that the new policy which requires the sponsor and the new spouse to live in a "genuine relationship" for two years endangers women who are victims of domestic violence. Although there is an exception to this rule in cases of abuse, the policy has been accused of being too weak (as abuse is difficult to prove).

References

External links

UK Government
{{Authority control Sham marriage, Fraud Family law