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. With the Home Office investigating thousands of marriages and civil partnerships under the legislation each year and preventing several marriages from taking place, it is essential that practitioners in immigration law are familiar with the frameworks for investigating marriages and the complexities of the law in this regard. 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. Readers are guided through the importance of the UKVI conducting investigations into marriages lawfully and provided with tools to challenge unlawful and irrational decisions. 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 more effective applications to be submitted by practitioners where these issues arise and for better challenges to decisions which raise sham marriage allegations. ABOUT THE AUTHOR Priya Solanki is a sought-after barrister practising at One Pump Court Chambers. She has over 12 years' experience. She has an extensive practice in all areas of immigration (including business immigration), asylum, deportation, trafficking, unlawful detention, EEA and EUSS applications. She regularly provides in-house training, seminars and webinars for Immigration Law Practitioners Association, Practice Enterprise and other organisations. She has delivered extensive training on the topic of sham marriages and is now often considered by instructing solicitors as a "go-to' person for such cases. Priya also has a particular interest in and vast experience of cases involving gender violence and vulnerable clients. Prior to coming to the Bar, she practised in immigration and asylum law as a supervisor and senior caseworker at a not-for-profit organisation. This gives her the great advantage of being able to assist with case preparation before cases reach appeal stage. This combined with her extensive advocacy experience makes her a popular choice. 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". CONTENTS Chapter 1 - The Right to Marry Chapter 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 UK Chapter 4 - The Marriage Referral and Investigation Scheme - Immigration Act 2014 Chapter 5 - Marriage Investigations Outside the 2014 Scheme Chapter 6 - Sham Marriage Findings and Consequences