Marriage of convenience personals in United Kingdom
Supreme Court: Burden of proving 'marriage of convenience' falls on Home Office. In a judgment handed down today, the Supreme Court has ruled that the burden of proof of establishing a 'marriage of convenience' falls on the Home Office. The judgment establishes the proper approach of the immigration appellate authorities where the Secretary of State has decided that a national of the European Economic Area who is lawfully living in the United Kingdom should be removed on the ground of abuse of the right to reside here, such as marriages of convenience. In the case, a citizen of Lithuania and a citizen of Pakistan were served with notice that they would be removed from the UK after the Home Office suspected the abuse of EU right of residence by an attempt to enter into a marriage of convenience.
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The defendant was acquitted. It is, sadly, not unknown for immigration officers to intimidate interviewees.
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The immigration judges said that because of the discrepancies in the interviews, they concluded the couple had entered into a marriage of convenience.
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Both were then served with notice that they were persons liable to removal from the UK: Mr Malik by having stayed after the expiry of his visa and Ms Sadovska by giving the Secretary of State reasonable grounds to suspect the abuse Husband Bangor on dating sites her EU right of residence by attempting to enter into a marriage of convenience, contrary to regulation 19 3 c Immigration European Economic Area Regulations Serenity beauty spa Crewe Malik had no established rights but if he could produce evidence of a durable relationship with Ms Sadovska, it would be for the Secretary of State to show that it was not, or that there were other good reasons to deny him entry.
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