All Articles: marriage of convenience

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,...

26th January 2022
BY Priya Solanki

Migrants who would not otherwise have the right to live in the UK can acquire that right by getting married to a British national, EU citizen or another migrant who is settled here. In theory, that route is open to abuse by couples who are not really in a genuine...

7th January 2019
BY Nath Gbikpi

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...

16th May 2018
BY CJ McKinney

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...

28th February 2018
BY nathgbikpi

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...

16th August 2017
BY Nath Gbikpi

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...

26th July 2017
BY nathgbikpi
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