Marriage of Convenience in UK Law

Leading Cases
  • Luciara Machado Rosa v Secretary of State for the Home Department
    • Court of Appeal (Civil Division)
    • 15 Ene 2016

    This was not one of those rare cases that turns on where the legal burden of proof lies. The answer to the question whether the appellant's marriage was a marriage of convenience was clear-cut. It is fanciful to suggest that the finding might have been different if the tribunal had approached the matter on the basis that the legal burden of proof lay throughout on the Secretary of State.

    It may be useful to contrast a marriage of convenience with a "genuine" marriage (indeed, Underhill LJ treated them as antonyms at paragraph 6 of his judgment in Agho), but the focus in relation to a marriage of convenience should be on the intention of the parties at the time the marriage was entered into, whereas the question whether a marriage is "subsisting" looks to whether the marital relationship is a continuing one.

  • IS (marriages of convenience) Serbia
    • Asylum and Immigration Tribunal
    • 18 Dic 2007

    The need to do so only arises where there are factors which support suspicions for believing the marriage is one of convenience. Translated into the technical language of the English law of procedure and evidence, that means that there is an evidential burden on the respondent. If there is no evidence that could support a conclusion that the marriage is one of convenience, the appellant does not have to deal with the issue.

  • Papajorgji (EEA Spouse - Marriage of Convenience) Greece
    • Upper Tribunal (Immigration and Asylum Chamber)
    • 06 Ene 2012

    In summary, our understanding is that, where the issue is raised in an appeal, the question for the judge will therefore be ‘in the light of the totality of the information before me, including the assessment of the claimant's answers and any information provided, am I satisfied that it is more probable than not this is a marriage of convenience?’.

  • VK (Marriage of Convenience)
    • Immigration Appeals Tribunal
    • 24 Nov 2004

    Whilst it must remain open to argument we find, given the specific concession of the Secretary of State, that unless the Secretary of State makes it plain in a particular case that he takes a different position (in which case the question will have to be reconsidered) it is now established that it is for the Secretary of State to prove that a marriage is a marriage of convenience if that is what he alleges.

  • Collins Agho v The Secretary of State for the Home Department
    • Court of Appeal (Civil Division)
    • 26 Nov 2015

    What it comes down to is that as a matter of principle a spouse establishes a prima facie case that he or she is a family member of an EEA national by providing the marriage certificate and the spouse's passport; that the legal burden is on the Secretary of State to show that any marriage thus proved is a marriage of convenience; and that that burden is not discharged merely by showing "reasonable suspicion".

  • Sadovska v Secretary of State for the Home Department
    • Supreme Court (Scotland)
    • 13 Dic 2018

    That must mean, as held in Papajorgji, that the tribunal has to form its own view of the facts from the evidence presented. The respondent is seeking to take away established rights. One of the most basic rules of litigation is that he who asserts must prove. It was not for Ms Sadovska to establish that the relationship was a genuine and lasting one. It was for the respondent to establish that it was indeed a marriage of convenience.

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Legislation
  • Immigration (European Economic Area) Regulations 2000
    • UK Non-devolved
    • 1 de Enero de 2000
    ...... “spouse” does not include a party to a marriage of convenience; . “United Kingdom national” means a person who falls ......
  • The Immigration (European Economic Area) Regulations 2006
    • UK Non-devolved
    • 1 de Enero de 2006
    ......"  6 does not include a party to a civil partnership of convenience; . "decision maker" means the Secretary of State, an immigration officer ... "spouse" does not include a party to a marriage of convenience; . "United Kingdom national" means a person who falls to ......
  • The Citizens' Rights (Restrictions of Rights of Entry and Residence) (EU Exit) Regulations 2020
    • UK Non-devolved
    • 1 de Enero de 2020
    ...... definitions of “civil partner”, “civil partnership of convenience”, “durable partner”, “durable partnership of convenience”, ... SCH-1.6A . . “ 6A. For the purpose of paragraph 6, a marriage, civil partnership or durable partnership of convenience means a marriage, ......
  • The Immigration (European Economic Area) Regulations 2016
    • UK Non-devolved
    • 1 de Enero de 2016
    ......convenience; or . (b) the civil partner (“C”) of a person (“P”) where a ... of D or P is already present in the United Kingdom and where that marriage, civil partnership or durable partnership is subsisting; . “durable ......
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Books & Journal Articles
  • Trump and the GOP: A Marriage of Convenience?
    • Núm. 9-4, Diciembre 2018
    • Political Insight
  • Book Review: Russia and the Russians, Soviet Land: The Country, its People and Their Work
    • Núm. 4-1, Marzo 1949
    • International Journal
    ...... for less of passion and more of the spirit of the marriage of convenience in our relations with Russia. The point must ......
  • Editorial
    • Núm. 3-1, Abril 2012
    • Political Insight
    ...... many political commentators predicting a premature end for the marriage of convenience between David Cameron and Nick Clegg. The government’s ......
  • Crown Courts
    • Núm. 41-2, Abril 1977
    • Journal of Criminal Law, The
    ...... Pervez, to make his entry into the United Kingdom in order, the marriage could be annulled in three months. Money passed and the marriage took ... longer stay had been refused; he had made this marriage of convenience although an appeal was pending. On hearing that he had been served with a ......
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Law Firm Commentaries
  • Need To Fund A Divorce? Create An App, Says John Cleese!
    • Mondaq United Kingdom
    ......His last failed marriage is believed to have cost him £12 million, including a payment of ... consumers want answers immediately and services instantly, convenience and simplicity are given high value. However, one wonders if Mr Cleese ......
  • Cohabitation Agreements
    • Mondaq UK
    ......legally-recognised relationship, either marriage or Civil. Partnership - may have very few rights. It makes no. difference ...if you and your partner separate. Money and paying bills. For convenience many couples have a join bank account when they. live together and the ......
  • Cohabitants And Constructive Trusts After 'Jones v Kernott'
    • Mondaq United Kingdom
    ...... On the breakdown of a marriage the courts have a wide statutory jurisdiction under the Matrimonial Causes ... the situation of cohabitants who simply live together for convenience, without being a couple, although different inferences as to their ......
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