In the UK, a sham marriage, often also called a marriage of convenience, is a union entered into by two people who are not in a genuine relationship, for the purpose of gaining an immigration advantage. Under sections 24 and 24A of the Immigration and Asylum Act 1999, a marriage is a sham marriage where: one or both parties is not a relevant national; there is no genuine relationship between the parties; and either or both parties enter into the marriage for the purpose of circumventing UK immigration controls. The important factor, in every case, is the absence of a genuine relationship.
The consequences of the Home Office detecting a sham marriage are serious. They include:
- Refusal of entry clearance or cancellation of permission to stay in the UK
- Curtailment of existing permission to stay
- Removal from the UK, where appropriate
- Adverse impact on future visa applications, as a sham marriage finding may prevent you from meeting suitability requirements in any future application, and
- Criminal investigation and potential prosecution for immigration fraud
How does the Home Office investigate potential sham marriages?
The Home Office investigates suspected sham marriages by gathering and assessing information from a range of sources, in line with its official marriage investigation guidance. A Home Office investigation may be carried out in several ways. The most common triggers include:
- Under the sham marriage referral and investigation scheme: where one or both parties are subject to immigration control and not exempt, the register office is legally required to notify the Home Office. If the Home Office considers that further scrutiny is required, it can extend the usual notice period from 28 days to up to 70 days to allow time for investigation.
- During spouse visa or other partner visa applications: concerns raised during the caseworker assessment of an application for permission to enter or remain based on a relationship.
- Intelligence gathered from enforcement activity or third-party information: for example, tip-offs, enforcement visits, or information received from other government agencies.
- Criminal investigations: a sham marriage assessment may also arise because the Home Office is already investigating fraud, facilitation of immigration breaches, or organised sham marriage networks.
The 70-day marriage investigation is a statutory process that allows the Home Office to investigate suspected sham marriages before they take place. It is not automatic and only applies where there are reasonable grounds to suspect the proposed marriage is a sham and at least one party is not exempt from the referral scheme. The usual notice period for giving notice of a proposed marriage is 28 days. If the Home Office decides to investigate, it notifies both parties and the relevant registration officer that the notice period is being extended to 70 days.
During the 70-day period, both parties will be sent a notice (a section 48 notice) setting out what they are required to do to comply with the investigation. The investigation officer must inform all parties and the registration officer of the final compliance decision by day 65 where possible, and no later than day 70 in all cases. If both parties have complied with the investigation, a section 50 compliance notice is issued, which allows the registration officer to grant permission to marry. If either party fails to comply without a reasonable excuse, a section 50 failure to comply notice is issued, and the couple will not be able to marry on the basis of that notice.
The Home Office does not follow a fixed investigation procedure. Instead, it gathers and assesses information from a range of sources. Depending on the circumstances, it may make further enquiries or seek additional information, but each case is considered on its individual facts. The investigation may involve one or more of the following:
- A request to provide information, evidence or photographs
- An interview in person at home
- An interview in person at Home Office premises, in or outside the UK, or while detained
- An interview by telephone, video-link or over the internet
There is no single factor that will automatically lead to a finding of sham marriage, but the Home Office will look for indicators that suggest the relationship may not be genuine. These can include:
- The parties cannot communicate with each other in a shared language
- The couple met very recently and have limited knowledge of each other
- There is a significant age gap with no credible explanation
- There is evidence of payment in exchange for the marriage
- The parties do not live together and have no shared life
- There are inconsistencies between the accounts given by each party
- One or both parties has an expired visa or are facing removal
- Previous failed applications based on a relationship with a different person
After gathering evidence, the Home Office will assess whether there is a genuine relationship, or whether the marriage is intended to circumvent immigration control. The decision is made on the balance of probabilities, meaning the Home Office must show it is more likely than not that the marriage is a sham. Following the Supreme Court’s decision in Sadovska and another (Appellants) v Secretary of State for the Home Department (Respondent) (Scotland) UKSC 54 (2017), the burden of proof rests with the Home Office.
References:
GOV.UK: Suitability: sham marriage or civil partnership
GOV.UK: Marriage investigations
