Do you remember that mushy romantic movie ‘The Proposal’? How it made you go numb on your feet and watched it with awe. Did it strike you that it revolved around fraud marriage and by the end of it turned into real marriage? It might seem like a sweet love story to recall but the stark reality can be uglier than you imagined.
Marriage fraud occurs when either one or both the parties marry for the sole purpose of immigration benefits. Many such cases have come into light in the recent times. On the other hand, this has also caused many complications to the couples married for love.
If you have a genuine marriage and are called upon for inspection, there is nothing to fret about. Believe in your love but be prepared to answer the right questions too. Sometimes, you might have ignored a few details and get stuck with the question. You see the inspector raising their eyebrows right at that moment.
Firstly, be aware of what might have triggered the suspicion that you have a fraud marriage:
- If the couples are of different race or nationality
- If the couples do not speak the same language
- If the couples have a huge age gap
- If the couples have different cultural and religious background
- If the couples have difference in educational level
- If the application is not duly filled or contains inconsistencies
It might not be just a sole factor to trigger a marriage fraud interview. It could contain the combination of various factors that can cause suspicion to an immigration examiner. If you end up in the list, don’t worry. They will not deport you just because they think your marriage is a sham. The law gives everyone a fair chance to prove otherwise. If required, you can file a petition through your Attorney to submit records in your favor.
The interview will start in a standard manner and then both the parties are separated. You will be asked more detailed and personal gradually in different rooms in the same manner. Both of your answers will be scrutinized and compared to arrive at the right conclusion. If they find any inconsistencies in the individual answers, as a couple, you might be asked to explain it.
This question helps them determine if you are staying together permanently or not. As per, part 8 of the Immigration Rules, it is considered a civil marriage when “Each of the parties intends to live permanently with the other as the spouse or civil partner.”
If all the doubts are satisfied then the official approves the petition or send it back for another interview. In case, it is denied you can make an appeal. The Government is working hard to ensure the genuine couples do not bear the brunt and at the same time, the sham marriages crackdown. They have come up with new measures that includes defining ‘genuine marriage’. The period before they can again apply for settlement in the UK is extended to five from two years.
If you prepare yourself well and answer confidently, there is nothing you need to worry about. Genuine marriage requires investment. If you have done that then you will surely reap its benefits.
This guest post is authored by Keith Shelby, a law student. His aim is to become a renowned lawyer who fights injustice and helps people in distress. He says today civil marriage fraud is really rampant and there is very little that the government can do about it.
Photo Credit: MorgueFile
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