Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Spring changes to the definition of Marriage of Conveneince

Use this section for queries concerning applications on any of the EEA series of forms, and also for applications for EEA Family Permits.

Moderators: Casa, push, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe

Post Reply
Obie
Moderator
Posts: 14150
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Spring changes to the definition of Marriage of Conveneince

Post by Obie » Thu Feb 16, 2017 11:29 pm

Well the Spring change to the definition of Marriage has come into effect.

It is beginning to sound like a cliche when I say the is an unlawful provision.

Marriage of Convenience is defined as follows:

“marriage of convenience” includes a marriage entered into for the purpose of using these Regulations, or any other right conferred by the EU Treaties, as a means to circumvent—

(a)
immigration rules applying to non-EEA nationals (such as any applicable requirement under the 1971 Act to have leave to enter or remain in the United Kingdom); or

(b)
any other criteria that the party to the marriage of convenience would otherwise have to meet in order to enjoy a right to reside under these Regulations or the EU Treaties;



That has never been the position in EU Law. It seems reminiscent to the primary purpose rules which was remove from UK law.

I have had the mother of a family with 2 children, received a refusal today, saying that, notwithstanding the fact that her marriage to her husband is genuine, they believed it was also entered into to circumvent the 1971 act.

The decision is totally devoid of logic. No reasonable, law abiding Secretary of State could have come up such refusal.

Firstly as i have mentioned , it is unlawful.

Secondly, it does not fall into the definition, which has always been a marriage contracted for the sole purpose of seeking benefits from the regulation.

It cannot amount to marriage of convenience if 60 percent of the purpose of marriage is for Immigration Benefit, and 40 % is for love.

I was most distraught by this refusal, and need to put members of this forum on notice, that the UKVI will seek to use any means, even if it is unlawful, to undermine their rights of residence.
After thinking long and hard, I have come to the conclusion that brexit is a cancer. The only good brexit is a dead brexit.

secret.simon
Moderator
Posts: 6836
Joined: Thu Feb 21, 2013 9:29 pm

Re: Spring changes to the definition of Marriage of Convenei

Post by secret.simon » Fri Feb 17, 2017 6:21 pm

What is the relevant ECJ/CJEU case law on "marriage of convenience"?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Obie
Moderator
Posts: 14150
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Re: Spring changes to the definition of Marriage of Convenei

Post by Obie » Fri Feb 17, 2017 7:02 pm

secret.simon wrote:What is the relevant ECJ/CJEU case law on "marriage of convenience"?
It will be nice if you told me, seen as you are a person who has huge interest in law, politics and research.

I clearly have not mentioned marriage of Convenience CJEU Case law in my post, but if you can find one, that will be most welcomed.
After thinking long and hard, I have come to the conclusion that brexit is a cancer. The only good brexit is a dead brexit.

Obie
Moderator
Posts: 14150
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Re: Spring changes to the definition of Marriage of Convenei

Post by Obie » Fri Feb 17, 2017 7:15 pm

Commission Staff Working document on Marriage of Convenience

[b]Recital 28 of Directive 2004/38EC Provides:[/b] wrote:

(28) To guard against abuse of rights or fraud, notably marriages of convenience or any other form
of relationships contracted for the sole purpose of enjoying the right of free movement and
residence, Member States should have the possibility to adopt the necessary measures.
[quote="OXFORD Dictionary Definition of" Soley""]
Not involving anyone or anything else; only.[/quote]
After thinking long and hard, I have come to the conclusion that brexit is a cancer. The only good brexit is a dead brexit.

secret.simon
Moderator
Posts: 6836
Joined: Thu Feb 21, 2013 9:29 pm

Re: Spring changes to the definition of Marriage of Convenei

Post by secret.simon » Sat Feb 18, 2017 4:22 pm

Obie wrote:you are a person who has huge interest in law, politics and research.
Why, you charmer, thank you.

Research also involves asking people who may have the knowledge to share that knowledge. Which is what I did here.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Jefymum
Newly Registered
Posts: 26
Joined: Sat Jun 17, 2017 10:03 am

Re: Spring changes to the definition of Marriage of Convenei

Post by Jefymum » Tue Jun 20, 2017 5:44 pm

Hi Obie just curious to know why that mother was refused? Was EU partner father of those two kids? Just wondering as I'm due to apply to have my residence card transfered to my passport without husband support (I filed for divorce in Jan and he's refusing to sign the divorce forms. We still live together just for sake of the kids......

Obie
Moderator
Posts: 14150
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Re: Spring changes to the definition of Marriage of Convenei

Post by Obie » Thu Jul 27, 2017 3:11 pm

New Supreme court ruling has rendered the Immigration EEA Regulations ultra vires.
[b] Regulation 2 Marriage of Convenience Definition[/b] wrote: marriage of convenience” includes a marriage entered into for the purpose of using these Regulations, or any other right conferred by the EU Treaties, as a means to circumvent—

(a)immigration rules applying to non-EEA nationals (such as any applicable requirement under the 1971 Act to have leave to enter or remain in the United Kingdom); or

(b)any other criteria that the party to the marriage of convenience would otherwise have to meet in order to enjoy a right to reside under these Regulations or the EU Treaties;
I said it will not stand the test of time and it has not. The Supreme COurt ruling, has correctly rendered in ultra vires.

https://www.supremecourt.uk/cases/docs/ ... ummary.pdf
After thinking long and hard, I have come to the conclusion that brexit is a cancer. The only good brexit is a dead brexit.

vinny
Moderator
Posts: 28236
Joined: Tue Sep 25, 2007 7:58 pm

Re: Spring changes to the definition of Marriage of Convenei

Post by vinny » Thu Jul 27, 2017 7:47 pm

This is not intended to be legal or professional advice in any jurisdiction. Please click on any links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vinny
Moderator
Posts: 28236
Joined: Tue Sep 25, 2007 7:58 pm

Re: Spring changes to the definition of Marriage of Convenei

Post by vinny » Thu Aug 17, 2017 6:37 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Post Reply
cron