• Greyfriars Solicitors

A marriage of convenience by a genuine couple?

A recent case, Molina, R (on the Application of) v The Secretary of State for the Home Department [2017] EWHC 1730 (Admin) has had findings made by the High Court that a couple can enter into a marriage of convenience for the purpose of securing immigration status despite being a genuine couple.

The reason behind the judgement was due to the fact that although Article 12 of the European Convention of Human Rights exists to give couples the right to marry, it is there to protect genuine marriages and not ones of convenience which have other purposes; such as securing immigration status. Therefore, when there is a suspicion that the couple has entered into the marriage despite being in a relationship for ulterior motives, the Home Office is not considered to be in breach of Article 12.

Further, the case clarified that there is a difference between sham marriages and marriages of convenience. Both of which are defined within the EEA Regulations 2016 and the Immigration and Asylum Act 1999. The main difference being that with a sham marriage, there is no genuine relationship. With a marriage of convenience, the marriage is entered into for the purpose of meeting requirements to reside in the UK. A marriage of convenience can be entered into by a couple in a genuine relationship.

It is therefore important that when making any applications for residing in the UK, whether an EEA application or an application for leave to remain, that consideration is made towards the relationship and how this will be viewed by the Home Office.

#familylaw #matrimonial #marriage #humanrights