How to Challenge Sham Marriage Allegations - A Guide for Immigration Practitioners

Introduction

Sham marriage allegations prevent numerous individuals from making successful applications under the immigration rules, Article 8 ECHR and under EU law. The Home Office also investigate thousands of marriages under the Immigration Act 2014 and there are powers in place that they use to prevent several marriages from taking place each year.

It is essential that practitioners in immigration law are familiar with the marriage and civil partnership referral and investigation scheme.

In this webinar, immigration expert Priya Solanki will discuss challenging sham marriage or marriage of convenience allegations. Priya will examine the complexities of the definitions, the marriage and civil partnership referral and investigation scheme, investigations which occur outside that scheme and useful case law and policy guidance.

What You Will Learn

This webinar will cover the following

• The differences and complexities in the definition of a sham marriage and marriage of convenience
• Part 4 of the Immigration Act 2014 - the key changes introduced
• Proposed Marriages and Civil Partnerships (Conduct of Investigations, etc) Regulations 2015 and statutory guidance for Home Office staff March 2015 - examination of the referral and investigation scheme
• The importance of the UKVI conducting investigations lawfully, including the requirements in requests made for evidence and the marriage interview process
• The impact of Home Office non-compliance with notice periods and the effect of a non-compliance decision
• Policy guidance and case law to assist in establishing a genuine relationship
• A breakdown of sham marriage enforcement actions and offences
• Detailed examination of the UKVI Enforcement Visits and Marriage Investigations Guidance
• 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 to assist in preparing cases, appeals and judicial review challenges
• Practical tips and examples

This webinar was recorded on 21st October 2021