Call us 0333 370 4333
09/08/17

Marriages of Convenience (‘Sham Marriages’) | Kangs Immigration Solicitors

Share

Cagin Husnu of Kangs Solicitors explains the current law relating to Sham Marriages.

What Is A ‘Sham’ Marriage? | Kangs Immigration Advisory Solicitors

A Sham Marriage is one entered into simply to achieve the advantages arising from such status even though the union is, of itself, legal, to the extent that it conforms to the legal requirements of the country in which it is conducted.

A prime example would be where the intent is, solely, to obtain leave to remain in the UK, where there are no alternative routes available to obtain leave.

Over recent years the Home Office has cracked down on Sham Marriages.

Recent Case Law Decision | Kangs Immigration Team

Judgement was handed down by the Supreme Court on 26th July 2017 in the case of Sadovska and another (Appellants) v Secretary of State for the Home Department (Respondent) (Scotland) (‘ Sadovska and another’) [2017] UKSC 54.

The Circumstances Of Sadovska And Another | Kangs National Immigration Lawyers

Ms Sadovska, is a citizen of Lithuania, who had been legally living and working in the UK since February 2007.

Mr Malik is a citizen of Pakistan who came to the UK lawfully as a student in May 2011, but failed to leave when his visa expired on 15th April 2013 and has been living unlawfully in the UK as an ‘overstayer’.

They developed a relationship and, on 25th March 2014, they published notice of their intention to marry on 17th April 2014 at Leith Registry Office.

However, on 28th March 2014, they signed a statement in connection with Mr Malik’s status as an overstayer saying:

We have discussed the idea of living together in depth and also touched upon the subject of marriage, but as of yet, none of these discussions have manifested into action’.

On the day of the wedding and before it had taken place, immigration officers attended the wedding venue and interviewed both of them with the result that they were prevented from marrying.

They were both then subsequently issued with notices that they were liable for removal because:

  • Mr Malik was an overstayer and
  • Ms Sadovska had abused her EEA rights, specifically, that she had attempted to enter into a marriage of convenience.

The Appeal Process | Kangs Immigration Solicitors

  • The appeals of both parties to the First-Tier Tribunal were dismissed.
  • Both appeals were further dismissed by the Upper Tribunal and the First Division of the Inner House of the Court of Session.
  • The Supreme Court allowed their appeals, ruling that the Home Office had the burden of proving ‘sham’ marriages.

Additionally, the Supreme Court stated that the First-Tier Tribunal should have considered whether Ms Sadovska’s ordered removal from the UK was a proportionate action to take following her alleged abuse of rights.

How Can We help?| Kangs Immigration Solicitors

At Kangs Solicitors we are vastly experienced in assisting clients who wish to pursue immigration applications of every nature.

Our Immigration Team is also regularly instructed to appeal cases at all levels.

If you find yourself in a position whereby you require immigration advice on any matter then please do not hesitate to contact our team through either of the following:

Sharan Rupra
srupra@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396 | 07989 521 210

Kangs Solicitors has successfully assisted a male client, a Pakistani national who had been a victim of domestic abuse, in his application for Indefinite Leave to Remain in the UK. The Circumstances | Kangs Immigration Solicitors How We Assisted Our Client | Kangs Immigration Team How Can We Help? | Kangs Immigration Solicitors If you […]
11/12/19
In an article posted to this site on September 27th 2019 the nature of both the Article 4 European Convention of Human Rights 1950 and the Modern Day Slavery Act 2015 were explained. Forms Of Modern Slavery | Kangs Immigration Offences Team How Can We Help? | Kangs Slavery and Immigration Offences Defence Solicitors The […]
21/10/19
Kangs Solicitors has recently succeeded in assisting a client, who is a female Pakistani national and who had suffered domestic abuse, obtain Indefinite Leave to Remain in the UK. The Circumstances | Kangs Immigration Appeal Solicitors Domestic Abuse | Kangs Domestic Abuse Team The abuse suffered by our client included her: How We Assisted Our […]
14/10/19

Get in touch

Need legal assistance? Contact our experienced team for prompt and professional support.
Your privacy is important to us and all details you share will be kept confidential.
Old map of Birmingham