Updates, commentary, training and advice on immigration and asylum law

New Home Office policy document on investigating sham marriages

THANKS FOR READING

Older content is locked

A great deal of time and effort goes into producing the information on Free Movement, become a member of Free Movement to get unlimited access to all articles, and much, much more

TAKE FREE MOVEMENT FURTHER

By becoming a member of Free Movement, you not only support the hard-work that goes into maintaining the website, but get access to premium features;

  • Single login for personal use
  • FREE downloads of Free Movement ebooks
  • Access to all Free Movement blog content
  • Access to all our online training materials
  • Access to our busy forums
  • Downloadable CPD certificates

Criminal investigation: sham marriage is a new Home Office policy document setting out in one place the Home Office approach to investigating sham marriage allegations, including under the new Immigration Act 2014 scheme of referrals from registrars and the increased notice period (from 28 to 72 days) that the Home Office can trigger at will to delay marriages taking place. It sets out the various offences with which the parties to a sham marriage and the organisers might be charged.

It is worth a read. This jumped out at me as an example of an Austin Powers style disabled internal monologue:

Some Crown Prosecution Service (CPS) lawyers authorise facilitation charges against the non-EEA spouse but others do not as they argue a non-EEA party cannot facilitate themselves.

I could see nothing urging caution on Home Office caseworkers with regards to false denunciations or on the need to respect the parties to genuine marriages or on the need for a high degree of proof before such allegations are made.

Relevant articles chosen for you
Colin Yeo

Colin Yeo

Immigration and asylum barrister, blogger, writer and consultant at Garden Court Chambers in London and founder of the Free Movement immigration law website.

Comments

One Response