Sham marriage
Encyclopedia
A sham marriage or fake marriage is a marriage of convenience
entered into with the intent of deceiving public officials or society about its purpose. Arranging or entering into such a marriage to deceive public officials is itself a separate violation of the law of some countries. While referred to as a "sham" or "fake" because of its motivation, the union itself is still legally valid if it conformed to the formal legal requirements for marriage. After a period, a couple often divorce
s if the marriage is no longer useful.
Common reasons for such marriages are to gain immigration
rights for one of the spouses, or to create a defense against suspicions of homosexuality
.
"Lavender marriage
s", to conceal the appearance of homosexuality
, have been used by Rock Hudson
, among others, at the request of Hollywood studios.
Since the introduction of stricter modern immigration laws in First World
countries, sham marriages have become a common method to allow a foreigner to live, and possibly gain citizenship
, in the more desirable country of the spouse. The couple marries with knowledge that the marriage is solely for the purpose of obtaining the favorable immigration status. This is frequently arranged as a business transaction (i.e. a substantial sum of money is paid) and occurs more commonly with foreigners already in the country. The United States has a penalty of a $250,000 fine and five-year prison sentence for such arrangements.
The UK Border Agency
issued guidance to clergy in April 2011 to help prevent weddings for visas. English and Welsh clergy may perform a marriage, according to the law there. They have been advised not to offer to publish banns for any marriage
which involves someone from outside Europe. Instead, the couple will be asked to apply for a licence and if a member of the clergy is not satisfied that a marriage is genuine they must make that clear to the person responsible for granting the licence.
In Ireland in August 2010, it was highlighted that sham marriages account for one in six of all marriages, residency status in the European Union
and circumventing immigration rules.
Marriage of convenience
A marriage of convenience is a marriage contracted for reasons other than the reasons of relationship, family, or love. Instead, such a marriage is orchestrated for personal gain or some other sort of strategic purpose, such as political marriage. The phrase is a calque of - a marriage of...
entered into with the intent of deceiving public officials or society about its purpose. Arranging or entering into such a marriage to deceive public officials is itself a separate violation of the law of some countries. While referred to as a "sham" or "fake" because of its motivation, the union itself is still legally valid if it conformed to the formal legal requirements for marriage. After a period, a couple often divorce
Divorce
Divorce is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties...
s if the marriage is no longer useful.
Common reasons for such marriages are to gain immigration
Immigration
Immigration is the act of foreigners passing or coming into a country for the purpose of permanent residence...
rights for one of the spouses, or to create a defense against suspicions of homosexuality
Homosexuality
Homosexuality is romantic or sexual attraction or behavior between members of the same sex or gender. As a sexual orientation, homosexuality refers to "an enduring pattern of or disposition to experience sexual, affectional, or romantic attractions" primarily or exclusively to people of the same...
.
"Lavender marriage
Lavender marriage
Lavender marriage is a type of male-female marriage of convenience in which the couple are not both heterosexual and conceal the homosexual or bisexual orientation of one or both spouses...
s", to conceal the appearance of homosexuality
Homosexuality
Homosexuality is romantic or sexual attraction or behavior between members of the same sex or gender. As a sexual orientation, homosexuality refers to "an enduring pattern of or disposition to experience sexual, affectional, or romantic attractions" primarily or exclusively to people of the same...
, have been used by Rock Hudson
Rock Hudson
Roy Harold Scherer, Jr., later Roy Harold Fitzgerald , known professionally as Rock Hudson, was an American film and television actor, recognized as a romantic leading man during the 1950s and 1960s, most notably in several romantic comedies with Doris Day.Hudson was voted "Star of the Year",...
, among others, at the request of Hollywood studios.
Since the introduction of stricter modern immigration laws in First World
First World
The concept of the First World first originated during the Cold War, where it was used to describe countries that were aligned with the United States. These countries were democratic and capitalistic. After the fall of the Soviet Union and the end of the Cold War, the term "First World" took on a...
countries, sham marriages have become a common method to allow a foreigner to live, and possibly gain citizenship
Citizenship
Citizenship is the state of being a citizen of a particular social, political, national, or human resource community. Citizenship status, under social contract theory, carries with it both rights and responsibilities...
, in the more desirable country of the spouse. The couple marries with knowledge that the marriage is solely for the purpose of obtaining the favorable immigration status. This is frequently arranged as a business transaction (i.e. a substantial sum of money is paid) and occurs more commonly with foreigners already in the country. The United States has a penalty of a $250,000 fine and five-year prison sentence for such arrangements.
The UK Border Agency
UK Border Agency
The UK Border Agency is the border control body of the United Kingdom government and part of the Home Office. It was formed on 1 April 2008 by a merger of the Border and Immigration Agency , UKvisas and the Detection functions of HM Revenue and Customs...
issued guidance to clergy in April 2011 to help prevent weddings for visas. English and Welsh clergy may perform a marriage, according to the law there. They have been advised not to offer to publish banns for any marriage
Banns of marriage
The banns of marriage, commonly known simply as the "banns" or "bans" are the public announcement in a Christian parish church of an impending marriage between two specified persons...
which involves someone from outside Europe. Instead, the couple will be asked to apply for a licence and if a member of the clergy is not satisfied that a marriage is genuine they must make that clear to the person responsible for granting the licence.
In Ireland in August 2010, it was highlighted that sham marriages account for one in six of all marriages, residency status in the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
and circumventing immigration rules.
See also
- Arranged marriageArranged marriageAn arranged marriage is a practice in which someone other than the couple getting married makes the selection of the persons to be wed, meanwhile curtailing or avoiding the process of courtship. Such marriages had deep roots in royal and aristocratic families around the world...
- Green Card (film)Green Card (film)Green Card is a 1990 romantic comedy film written, produced, directed by Peter Weir and starring Gérard Depardieu and Andie MacDowell. The screenplay focuses on an American woman who enters into a marriage of convenience with a Frenchman so he can obtain a green card and remain in the United...
—in which a fake marriage is the main plot - HeqinHeqinHeqin was a term used in ancient China for an alliance by marriage. It usually referred to the Chinese Emperor marrying off a "princess" to an aggressive "barbarian" chieftain or ruler. The theory was that in exchange for the marriage, the chieftain would cease all aggressive actions toward China...
- Hollywood marriageHollywood marriageA Hollywood marriage originally meant a glamorous high society marriage between Hollywood celebrities. However, the term has grown to also have strong negative connotations of a marriage that is of short duration and quickly ends in separation or divorce...
—including marriages entered into and promoted primarily for their publicityPublicityPublicity is the deliberate attempt to manage the public's perception of a subject. The subjects of publicity include people , goods and services, organizations of all kinds, and works of art or entertainment.From a marketing perspective, publicity is one component of promotion which is one...
value - Mail-order brideMail-order brideMail-order bride is a label applied to a woman who publishes her intent to marry someone from another country. This term is considered offensive by some people. The mail-order bride industry is the economic trade of contracted domestic partnerships, often between citizens of different countries or...
—often involving brides wishing to get immigration access to a mate's country - Mariage blancMariage blancMariage blanc is a marriage which is without consummation. The persons may have married for a variety of reasons, for example, a marriage of convenience is usually entered into in order to aid or rescue one of the principals of the marriage from persecution or harm; or for economic, social or visa...
—a marriage without consummationConsummationConsummation is the initial sexual act made within a marriage.Consummation can also refer to:* Consummation , 1970 recordingSee also:* Consummation of days, event predicted in Daniel Chapter 12, verses 1-4... - Marriage of convenienceMarriage of convenienceA marriage of convenience is a marriage contracted for reasons other than the reasons of relationship, family, or love. Instead, such a marriage is orchestrated for personal gain or some other sort of strategic purpose, such as political marriage. The phrase is a calque of - a marriage of...
—of which "sham" marriages are a subgroup - U.S. Diplomatic Security Service (DSS)Diplomatic Security ServiceThe U.S. Diplomatic Security Service is the federal law enforcement arm of the United States Department of State. The majority of its Special Agents are members of the Foreign Service and federal law enforcement agents at the same time, making them unique...
—See Investigations Section—Passport and Visa fraud - Void marriageVoid marriageA void marriage is a type of marriage which is on its face unlawful under the laws of the jurisdiction where it is entered, or potentially where the persons who contracted the marriage normally reside. Such a marriage is void, meaning legally it has no effect, if the marriage violates certain...
—an attempted marriage which does not even meet the legal requirements for a marriage