All Articles: sham marriage

Free Movement interviews… Tim Barnden on sham marriages

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 consider ...

16th May 2018 By

Marriages of convenience and immigration controls: a dangerous path

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 offic ...

28th February 2018 By

A genuine couple can enter in a marriage of convenience, says High Court

A couple may 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 the case of Molina, R (On the Application Of) v The Secretary of State for the Home Department ...

16th August 2017 By

Supreme Court confirms that burden for proving marriage of convenience rests with Home Office

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 ...

26th July 2017 By

Chief inspector criticises Home Office handling of sham marriage cases

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: T ...

21st December 2016 By

New guidance and numbers on sham marriage investigations published by Home Office

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 Enforceme ...

12th August 2016 By

Reflecting EU law faithfully? R (Bilal Ahmed) v SSHD IJR [2015] UKUT 00436 (IAC)

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 (@MalikZ ...

14th September 2015 By

Minister misleads on sham marriage numbers

[UPDATE: The 4,000 figure is made up too. Scroll to bottom for more on that.] On 25 November 2014, Minister for Immigration and Security, James Broken-shire said: The new Immigration Act enables us to take tougher action to crack down on those who try ...

16th December 2014 By