Sham marriages or marriages of convenience—where individuals enter into a marriage or civil partnership solely to gain an immigration advantage—are a significant concern for UK Visas and Immigration (UKVI). To combat this issue, UKVI has established a Marriage and Civil Partnership Referral and Investigation Scheme, which enables authorities to identify and prevent fraudulent unions. This blog explores the investigation process, the legal framework, and the consequences of engaging in a sham marriage.
Legal Framework
The Immigration Act 2014 introduced measures to strengthen the government’s ability to detect and disrupt sham marriages. Under this legislation, UKVI works closely with registrars and enforcement officers to scrutinize suspicious marriage applications. The Act extended the notice period for marriages and civil partnerships from 15 days to 28 days, allowing authorities more time to investigate cases where fraud is suspected.
The Investigation Process
- Referral to UKVI
When a couple gives notice of marriage or civil partnership, registrars assess whether the union raises concerns. If one or both parties are non-UK nationals and lack settled status, the case may be referred to UKVI for further scrutiny.
- Initial Assessment
UKVI officers review the referral and determine whether an investigation is necessary. Factors that may trigger an investigation include the following non-exhaustive points to consider:
- Lack of shared language between partners
- Discrepancies in personal details or relationship history
- Previous immigration violations
- Reports from third parties alleging fraudulent intent
- Conducting the Investigation
If UKVI decides to investigate, they may:
- Interview both parties separately to assess the legitimacy of their relationship
- Request documentary evidence, such as proof of cohabitation or financial interdependence
- Conduct home visits to verify living arrangements
- Decision and Consequences
Following the investigation, UKVI may:
- Approve the marriage if no fraud is detected
- Extend the notice period to 70 days for further inquiries
- Refuse the marriage registration and take enforcement action against individuals found to be engaging in deception
Consequences
Engaging in a sham marriage can lead to severe consequences, including:
- Visa refusal or cancellation for the non-UK national
- Deportation for individuals found guilty of immigration fraud
- Criminal prosecution, which may result in fines or imprisonment
- Ban on future UK visa applications, affecting long-term immigration prospects
Conclusion
The UKVI Sham Marriage Investigation Procedure plays a crucial role in maintaining the integrity of the UK’s immigration system. By identifying fraudulent marriages, authorities ensure that immigration benefits are granted only to genuine applicants.
If you are planning to marry in the UK and have concerns about the process, please do not hesitate to contact us at contact@visa-office.com or on 01225 256800 For family-based applications we provide a range of services which can suit your needs, so that your application may be submitted in full confidence – consultancy services, document and application checking services as well as full legal representation.
