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What’s the definition of a marriage of convenience?

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Linops
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What’s the definition of a marriage of convenience?

Post by Linops » Fri Jun 25, 2021 1:40 am

What’s the definition of a marriage of convenience?

And can a relationship be seen as being a “marriage of convenience” if the couple is not married but is in a genuine relationship after cohabitating for more than 2 years and if one of the parties is in the UK with a valid temporary (2-5 years) visa?

secret.simon
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Re: What’s the definition of a marriage of convenience?

Post by secret.simon » Fri Jun 25, 2021 2:36 am

Enforcement instructions and guidance Chapter 30:sham marriages/ civil partnerships/ marriages of convenience from 2014, so it may be a bit out of date, but that will give you an idea of what the Home Office looks at when considering marriages of convenience/sham marriages.

Marriage investigations
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Linops
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Re: What’s the definition of a marriage of convenience?

Post by Linops » Fri Jun 25, 2021 2:43 am

secret.simon wrote:
Fri Jun 25, 2021 2:36 am
Enforcement instructions and guidance Chapter 30:sham marriages/ civil partnerships/ marriages of convenience from 2014, so it may be a bit out of date, but that will give you an idea of what the Home Office looks at when considering marriages of convenience/sham marriages.

Marriage investigations
It doesn’t say anything about a relationship without a marriage unless I somehow missed it. I don’t know if I have.

iwolga
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Re: What’s the definition of a marriage of convenience?

Post by iwolga » Fri Jun 25, 2021 3:38 pm

Linops wrote:
Fri Jun 25, 2021 2:43 am
secret.simon wrote:
Fri Jun 25, 2021 2:36 am
Enforcement instructions and guidance Chapter 30:sham marriages/ civil partnerships/ marriages of convenience from 2014, so it may be a bit out of date, but that will give you an idea of what the Home Office looks at when considering marriages of convenience/sham marriages.

Marriage investigations
It doesn’t say anything about a relationship without a marriage unless I somehow missed it. I don’t know if I have.
From HO perspective there's nothing wrong with the couples that don't want to get married. There are lots of people living together, having kids and not rushing into official relationship.

Linops
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How do you prove a genuine relationship?

Post by Linops » Fri Jun 25, 2021 4:54 pm

Not talking about obviously fake sham marriages.

A marriage/relationship can be seen as one of convenience if the marriage/relationship is genuine but one of the parties’ predominant aim is to gain an immigration advantage but at the same time, an immigration advantage can be an incidental advantage of a genuine relationship of non convenience so what makes a genuine relationship one that is not of convenience? Children?

How do you prove that the relationship is genuine and that the immigration advantage is an incidental advantage so that the relationship is not one of convenience?

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