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"Fake" Marriage

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limpwristed
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Posts: 3
Joined: Mon Dec 03, 2007 3:11 am

"Fake" Marriage

Post by limpwristed » Mon Dec 03, 2007 3:23 am

Hi all, I am looking for some advice.

A friend of mine recently used his Ancestry visa (he's from Australia) to take his friend (also from Australia) with him to the UK by getting married and then applying for the Visa after tying the knot.

They are both gay (one guy, one girl) and seem to have had no problem, now in the UK for a couple of months living in a 'fake' marriage.

What are the checks and what is the penalty if they get caught? Will he, or both of them be deported? Worse? Fines? Jail?

Any advice would be appreciated...want to make sure they are not at risk.

JAJ
Moderator
Posts: 3977
Joined: Sun Oct 23, 2005 9:29 pm
Australia

Re: "Fake" Marriage

Post by JAJ » Mon Dec 03, 2007 4:47 am

limpwristed wrote:Hi all, I am looking for some advice.

A friend of mine recently used his Ancestry visa (he's from Australia) to take his friend (also from Australia) with him to the UK by getting married and then applying for the Visa after tying the knot.

They are both gay (one guy, one girl) and seem to have had no problem, now in the UK for a couple of months living in a 'fake' marriage.

What are the checks and what is the penalty if they get caught? Will he, or both of them be deported? Worse? Fines? Jail?
An expensive divorce settlement once she has obtained her British citizenship?

limpwristed
Newly Registered
Posts: 3
Joined: Mon Dec 03, 2007 3:11 am

Re: "Fake" Marriage

Post by limpwristed » Mon Dec 03, 2007 6:12 am

JAJ wrote:
limpwristed wrote:Hi all, I am looking for some advice.

A friend of mine recently used his Ancestry visa (he's from Australia) to take his friend (also from Australia) with him to the UK by getting married and then applying for the Visa after tying the knot.

They are both gay (one guy, one girl) and seem to have had no problem, now in the UK for a couple of months living in a 'fake' marriage.

What are the checks and what is the penalty if they get caught? Will he, or both of them be deported? Worse? Fines? Jail?
An expensive divorce settlement once she has obtained her British citizenship?
Hahaha. Not quite what I meant. Funny nonetheless.

Anyone got any insight into the (other) legal repercussions?

suzyq
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Posts: 7
Joined: Sat Dec 01, 2007 1:02 am

Post by suzyq » Mon Dec 03, 2007 10:57 am

Wow limpwristed, you can't be serious can you?

You want advice on how to play the immigration system? This is a criminal offence.

Your "friends" are have made false representations to circumvent the immigration rules. Their marriage is not genuine and subsisting, requirements of the immigration rules.

Any immigration advisor worth their salt should not tell you how to continue deceiving the immigration authorities, which is what the answer to your question regarding "checks" would do.

Depending on how things play out, there could be jail time. Depends on how the authorities view such conduct at the time.

At best, leave would be curtailed and the Australian national would have to leave the UK.

If you want to work it out for yourself, then fine and good. www.bia.gov.uk law and policy is a good starting point.

I don't think the purpose of this site is to assist people who are willing to play the immigration system. Such conduct only makes the system tougher for the genuine people out there who wish to make such applications and should not be encouraged.

SuzyQ

Dawie
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Posts: 1699
Joined: Mon Jan 16, 2006 1:54 pm
Location: Down the corridor, two doors to the left

Post by Dawie » Mon Dec 03, 2007 11:57 am

Well, unless they accidentally implicate themselves or confess their "crime", their chances of being caught are close to zero.
In a few years time we'll look back on immigration control like we look back on American prohibition in the thirties - futile and counter-productive.

limpwristed
Newly Registered
Posts: 3
Joined: Mon Dec 03, 2007 3:11 am

Post by limpwristed » Mon Dec 03, 2007 12:00 pm

suzyq wrote:Wow limpwristed, you can't be serious can you?

You want advice on how to play the immigration system? This is a criminal offence.

Your "friends" are have made false representations to circumvent the immigration rules. Their marriage is not genuine and subsisting, requirements of the immigration rules.

Any immigration advisor worth their salt should not tell you how to continue deceiving the immigration authorities, which is what the answer to your question regarding "checks" would do.

Depending on how things play out, there could be jail time. Depends on how the authorities view such conduct at the time.

At best, leave would be curtailed and the Australian national would have to leave the UK.

If you want to work it out for yourself, then fine and good. www.bia.gov.uk law and policy is a good starting point.

I don't think the purpose of this site is to assist people who are willing to play the immigration system. Such conduct only makes the system tougher for the genuine people out there who wish to make such applications and should not be encouraged.

SuzyQ
Sorry, you misunderstand. I am not looking for advice nor am I wanting to 'play the system' I am just wanting information.

Thanks for your input.

avjones
Diamond Member
Posts: 1568
Joined: Wed May 16, 2007 6:43 pm
Location: London
United Kingdom

Post by avjones » Mon Dec 03, 2007 1:22 pm

The offence of obtaining leave to enter or remain by deception carries an almost inevitable prison sentence, usually c. 12 months.
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

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