Challenging Sham Marriage Allegations [2021]

The Immigration Act 2014 introduced a new framework for the Home Office investigating sham marriages. With the Home Office investigating thousands of marriages each year under the legislation and preventing several marriages from taking place, it is essential that practitioners in immigration law are familiar with the marriage and civil partnership referral and investigation scheme as well as investigations outside of that scheme. It is also important that practitioners understand the differences between sham marriages and marriages of convenience. A good understanding will allow for far more effective challenges.

In this session we will cover the following,

• The difference between sham marriages and marriages of convenience
• A detailed analysis of Part 4 of the Immigration Act 2014
• The importance of the UKVI conducting investigations lawfully, including the requirements in requests made for evidence and the marriage interview process
• A consideration of the impact of Home Office non-compliance with notice periods and the effect of a non-compliance decision
• Detailed examination of the UKVI Enforcement Visits Guidance
• A breakdown of sham marriage enforcement actions and offences
• A study of other useful Policy Guidance, including Marriage Investigations, Criminal Investigations on Sham Marriages, Family Members under Appendix FM
• An inspection of the most recent and relevant authorities on the right to marry, marriages of conveniences, the burden of proof, the quality of evidence, non-suspensive appeals