Understanding and Challenging Sham Marriage Claims
Sham Marriage findings can be difficult to challenge. This session will lead you through the relevant law and allow you to make more effective applications when these issues arise and to better challenge decisions by appeal.
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Learning objectives:
- The right to marry,
- The distinctions in the definitions of sham marriage and marriage of convenience and the difficulties this can create
- The Marriage Referral and Investigation Scheme introduced by Part 4 of the Immigration Act 2014
- The need to consider the lawfulness of UKVI marriage investigations
- Consideration of useful UKVI Policy Guidance
- An analysis of the relevant authorities including on the burden of proof, evidential issues
Resources
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SHAM MARRIAGES AND CIVIL PARTNERSHIPS BACKGROUND INFORMATION AND PROPOSED REFERRAL AND INVESTIGATION SCHEME November 2013 https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/256257/Sham_Marriage_and_Civil_Partnerships.pdf
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Immigration Act 2014 Marriage and civil partnership referral and investigation scheme: statutory guidance for Home Office staff March 2021 https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/974164/marriage-civil-prtnr-referral-v2.0.pdf
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Criminal investigation: sham marriage Version 3.0 https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/953001/criminal-investigations-sham-marriage-v3.0-gov-uk.pdf
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Marriage Investigations Version 6.0 https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1044358/Marriage_investigations.pdf
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Enforcement Visits Version 3.0 https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/947346/enforcement-visits-v3.0ext.pdf
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Family Policy: Partners Divorce and Dissolution https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1092319/Partners_divorce_and_dissolution.pdf
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Immigration Act 2014 – Part 4 https://www.legislation.gov.uk/ukpga/2014/22/part/4/enacted
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Proposed Marriages and Civil Partnerships (Conduct of Investigations, etc) Regulations 2015 https://www.legislation.gov.uk/uksi/2015/397/contents/made
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Suitability: Sham marriage or civil partnership https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1033685/Sham_marriage.pdf
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‘A Practical Guide to Challenging Sham Marriage Allegations in Immigration Law’ by Priya Solanki http://www.lawbriefpublishing.com/product/challengingshammarriageallegations/
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‘A Practical Guide to Challenging Sham Marriage Allegations in Immigration Law’ by Priya Solanki http://-+https://www.waterstones.com/book/a-practical-guide-to-challenging-sham-marriage-allegations-in-immigration-law/priya-solanki/9781912687930
Downloads
Your CPD Certificate can be found in your Account.
Priya Solanki
Barrister • One Pump Court
Priya is a busy and experienced specialist in immigration and asylum law. She is frequently instructed in appeals against decisions of the First-Tier Tribunal and Upper Tribunal, and in judicial reviews and administrative review challenges against decisions of the Secretary of State. She is recommended by Legal 500.
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