A Practical Guide to Challenging Sham Marriage Allegations in Immigration Law

The Immigration Act 2014 introduced a new framework for the Home Office investigating sham marriages.In this book, we start by considering the rights of individuals to marry under Article 12 of the ECHR. We then go on to consider the differences and complexities in the definitions of a sham marriage and marriage of convenience. There is detailed analysis of Part 4 of the Immigration Act 2014 and the key changes introduced by this, i.e., the marriage and referral investigation scheme and the impact this has had on the right to marry. We look at the relevant regulations and statutory guidance for Home Office staff. We also consider at length marriage investigations outside of this scheme. We scrutinise the applicable tests to be applied by decision-makers when making findings and consider the consequences that flow from a bogus marriage finding. This guide explores the most recent and relevant authorities and UKVI Policy Guidance on sham marriages and marriages of convenience.This book will allow for practitioners to feel more on top of the law where these issues arise.ABOUT THE AUTHORPriya Solanki is a barrister practising at One Pump Court Chambers. She has an extensive practice in all areas of immigration (including business immigration), asylum and nationality law.Priya also has a particular interest in and vast experience of cases involving gender violence and vulnerable clients.She has been recommended since 2017 as a Leading Junior barrister in immigration by the Legal 500. The Directories state that 'she has a sharp mind and demonstrates excellent client care', 'she is tactically astute, good under pressure and very persuasive in court', 'she is very knowledgeable in presenting appeals', and that 'she has a passion for this area of work'.CONTENTSChapter 1 - The Right to MarryChapter 2 - What Is a Sham Marriage and a Marriage of Convenience? Is There a Difference?Chapter 3 - The History of Home Office Regulation and Prevention of Marriages to Migrants in the UKChapter 4 - The Marriage Referral and Investigation Scheme - Immigration Act 2014Chapter 5 - Marriage Investigations Outside the 2014 SchemeChapter 6 - Sham Marriage Findings and Consequences