Anti-sham marriage measures could lead to discrimination

By Lauren Beehan

New measures to tackle sham marriages could lead to discrimination and cause insecurity across communities, according to immigration experts.

Experts have reacted with concern to the new provisions of the Immigration Act 2014, intended to prevent marriages solely for immigration purposes, which will come into effect on March 2nd next year.

The provisions will introduce a new referral and investigation scheme, whereby any couple including a non-EEA national will be referred to the Home Office upon applying for permission to marry or enter a civil partnership.

If an investigation takes place, their notice period can be extended to 70 days, compared to the new standard 28-day notice period required of all couples.

Ruth Grove-White of the Migrant Rights Network said that the new laws could lead to the discrimination of genuine couples who wish to marry in the UK.

She said: “We have wide-ranging concerns about government use of enforcement powers in registry offices. We have accounts from communities of immigration raids taking place in registry offices on Home Office suspicions, causing disruption to perfectly legal marriage ceremonies.

“The government laws increase their licence to discriminate against couples who meet their profile, causing fear and insecurity in communities when people wish to get married.”

She added that the scale of sham marriages was very low compared to the scope of enforcement powers to stop them.

Couples who may be investigated under the new provisions include those who have not made concrete arrangements to cohabit in the UK, who do not share financial or domestic responsibilities, or who cannot communicate in a common language.

Couples may also be investigated if the British partner has previously sponsored another partner or if they have no guests present at their wedding ceremony.

These couples will need to prove that their marriage or partnership is genuine before permission is granted.

Immigration lawyer Colin Yeo expressed concern that there is no statutory definition of a “genuine marriage” in UK law.

In an online statement, he said that the decision on whether or not a marriage is genuine will be left to Home Office civil servants, who will be working from a checklist of factors that may trigger suspicion.

He said: “This checklist determines who will experience that sort of start to their married life. As with many measures under the Immigration Act 2014, ethnic minorities and the poor are far, far more likely to be targeted.”

Introducing the provisions in Westminster yesterday, Minister for Security and Immigration James Brokenshire said that the measures would provide “a much stronger platform for effective, systematic action to disrupt and deter sham marriages and civil partnerships and prevent them gaining an immigration advantage.”

He added: “The new system will give us much more time and information to identify and act against sham marriages and civil partnerships before they happen and, where they do go ahead, we will have the evidence we need on file to be able to refuse any subsequent immigration application in terms which will withstand appeal.”

 

 

 

 

 

 

 

 

 

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