This blog has previously discussed the difficulties that arise from the different definitions of “sham marriage” and “marriage of convenience”. The Upper Tribunal has now returned to this topic in the recent decision of Saeed (Deception – knowledge – marriage of convenience) [2022] UKUT 18 (IAC). The facts Mr Saeed,...
The Home Office has rebuffed Public Law Project’s (PLP) latest attempt to find out more about the secret algorithmic criteria used to decide whether a proposed marriage should be investigated as a “sham”. Sham marriage investigations can be invasive and unpleasant and it appears that they are targeted at some...
An immigration lawyer has been struck off after being caught on camera four years ago advising an undercover reporter about a sham marriage. The Solicitors Disciplinary Tribunal made the decision in the case of Syed Mazaher Naqvi, a sole practitioner based in London. The tribunal found that Naqvi had failed...
What is a genuine relationship? This idea of a love marriage is an invention of modernity,. It’s not so long ago that most people would be getting married through other kinds of arrangements. In Victorian England, all kinds of financial considerations would be in play as to who the right...
Part 4 of the Immigration Act 2014 introduced a referral and investigation scheme for proposed marriages and civil partnerships involving a non-EEA national who could gain an immigration advantage from their nuptials. Under this scheme, register offices must refer all proposed marriages and civil partnerships to the Home Office if...
A couple can enter into a “marriage of convenience” even if they are in a genuine relationship. This was, in summary, the finding of the High Court in R (Molina) v Secretary of State for the Home Department [2017] EWHC 1730 (Admin). Background The appellant, Mr Molina, was a Bolivian...
The Supreme Court has handed down its judgement in the case of Sadovska and another (Appellants) v Secretary of State for the Home Department (Respondent) (Scotland) [2017] UKSC 54. In unanimously allowing the appeal, the Supreme Court ruled that the burden of proof of establishing a ‘marriage of convenience’ falls on the...
The Chief Inspector of Borders and Immigration has published a new report on the Home Office approach to sham marriages. The report is critical of the change in approach brought about by new powers conferred on officials by the Immigration Act 2014: The inspection found that the initial implementation of...
New Home Office guidance on Marriage Investigations has been published. Formally, it is Chapter 30 of the Enforcement Guidance and Instructions. The purpose of the guidance is stated on page 1: This guidance is aimed primarily at Immigration Enforcement staff involved in investigating allegations of sham marriage, civil partnerships and...
UPDATE: Permission to appeal to the Court of Appeal seems to have been granted: Sales LJ grants permission to appeal from UT's recent decision in Bilal Ahmed) (EEA/s 10 appeal rights: effect) IJR: http://t.co/fbQLhZpxZq — Zane Malik QC (@ZaneMalikQC) October 9, 2015 On 24 July 2015 the Upper Tribunal handed...
On 25 November 2014, Minister for Immigration and Security, James Brokenshire, said: The new Immigration Act enables us to take tougher action to crack down on those who try to cheat our immigration system by abusing marriage laws. In 2013-14, we intervened in more than 1,300 sham marriages – more than...
