It has been estimated by the Home Office that there are between 4,000 and 10,000 applications a year to remain in the UK as a result of sham marriages.
To combat this, the government have recently increased the notice period for marriage and civil partnerships from 15 days to 28 days. This extension which came into effect on 2nd March 2015 gives the Home Office more time to investigate proposed marriages involving a non EU national. If the Home Office continues to have concerns then the notice period may be extended for a further 70 days. UK resident couples will also be required to give 28 days’ notice, but their applications will not be referred to the Home Office.
The government has attempted to address criticism that marriage is a “fast track way” of gaining British citizenship. The Immigration Act introduced in July has been successful and it is hoped that this extension will continue to build on these changes. Between April and December 2014, there were over 1,200 arrests and more than 430 illegal immigrants have been removed from the UK.
The government hopes to deter sham marriages and have announced that any EU nationals who participate in sham marriages will now be subject to a new removal and re-entry ban. They hope this will dissuade current UK residents from partaking in sham marriages despite the financial incentives. A Non EU national found to be involved in a sham marriage will have their existing leave to remain terminated.
Reported in Family Law Week and Government Paper