‘Sham marriages’ to be targeted by new legislation

Entering into so-called sham marriages will become more difficult from Tuesday as provisions in the Civil Registration (Amendment) Act 2014 take effect.

According to the Department of Justice, “statistically improbable patterns of marriage, from a cultural and linguistic perspective, notably between women from Eastern Europe and, more recently from Portugal, and men from the Indian sub-continent” have been recorded in Ireland.

Minister for Justice Frances Fitzgerald said she welcomed the move by Tánaiste and Minister for Social Protection Joan Burton to give marriage registrars new powers to prevent marriages of convenience taking place for immigration purposes.

“In addition to EU Free Movement rights, the right to marry in Ireland is also protected in the Constitution. The reality is though, that in some cases these rights are abused. The abuse of the institution of marriage, for immigration purposes, cannot and will not be tolerated,” Ms Fitzgerald said.

“A non-EEA [European Economic Area] national coming to the end of his immigration permission or without any immigration permission can contract a sham marriage with an EU national to extend their permission.”

She said women could be exploited in such arrangements and even if money changed hands there was scope for coercion and intimidation.

“I am also deeply concerned that in some instances women may be trafficked to Ireland with a view to being forced into sham marriages.

“Any such cases are thoroughly investigated by the Garda authorities as a criminal matter and the introduction of this legislation is, I believe, an essential addition in deterring such activities.”

Registrars now have the right to investigate and to form an opinion, based on the information presented by the two parties, of the veracity of the application to marry.

Registrars can refuse to issue a marriage registration form and can inform and make enquiries with the Irish Naturalisation and Immigration Service of the Department of Justice and Equality.

Ms Fitzgerald said the General Registration Office, the immigration services and the Garda National Bureau would continue to work closely to prevent such marriages taking place and to ensure no immigration advantage is gained as a result.

Ms Burton said the new powers were intended to clamp down on the abuse of marriage. She said the right to marry was particularly protected in the Constitution.

“However, these rules are being abused by individuals who are using marriage to gain an automatic right of residency. The powers that are being given to the registrars today will make it more difficult for marriages of convenience to be contracted.”

Registrars will consider the following when forming an opinion about whether or not an intended marriage would constitute a marriage of convenience:

– if the parties to the intended marriage speak a common language;

– the period prior to the relevant notification of the intended marriage during which the parties to the intended marriage were known to each other;

– the number and frequency of meetings of the parties to the intended marriage prior to the notification of the intended marriage;

– if the parties to the intended marriage have lived together in the past or if they currently live together;

– the extent to which each party to the intended marriage is familiar with the personal details of the other party;

– the extent to which each party to the intended marriage intends to continue an existing commitment to mutual emotional and financial support of the other party to the intended marriage;

– the immigration status of one or each of the parties to the intended marriage who is a foreign national;

– other than in a case where money is paid as a dowry as appropriate to the culture of one or each party to the intended marriage, if money was paid as an inducement for the marriage;

– if the one or each of the parties to the intended marriage has previously been the subject of an objection under the provisions of the Act, and;

– any other information regarding the intended marriage which gives reasonable grounds for considering the marriage to be a marriage of convenience.