Marriages of convenience are an everyday reality in EU countries

European Migration Network Synthesis Report:

While marriages of convenience form part of the everyday reality of family reunification in EU countries, a lack of comparable statistics is hampering attempts to discern how widespread they are, states a European Migration Network (EMN) synthesis report titled Misuse of the Right to Family Reunification. A marriage of convenience is a marriage formed in order to circumvent the rules governing entry to or residence in a country, i.e. solely to obtain a residence permit for a spouse.

In 2011, the number of suspected marriages of convenience varied between 35 and 1,740 in EU countries and Norway. In the same period, the number of negative decisions made by EU countries on the basis of marriages of convenience varied between 5 and 990 (5 and 1,360 in 2010).

EU countries are aware of the fact that marriages of convenience are a sensitive issue, requiring particular care during investigations in order to secure the legal protection of residence permit applicants. Comparable statistics and guidance in support of investigations, and a special forum for information exchange, would help states to control the phenomenon. It would also improve their resources for combating it.

Report arose from EU Commission's desire to start discussion

The synthesis report is based on national investigations carried out in 24 member states and Norway. These evaluated the extent of marriages of convenience and of the provision of false information on parenthood in connection with residence permit applications. Also investigated were procedural models for indentifying types of abuse, and means of combating the phenomenon.

An EU Green Paper, on Directive 2003/86/EC concerning third country nationals’ right to family reunification, forms the background of the study. The Commission has sought to open a discussion on issues related to the application of, and possible needs to amend, the directive.

Economic reasons generally involved

Economic reasons generally lie behind marriages of convenience. There is also evidence of such marriages being arranged by organised criminal groups.

EU countries combat abuse represented by marriages of convenience, by concentrating their investigations in embassies in the countries of origin. There, residence permit applicants are interviewed and the genuineness of their documentation checked. In some countries, the police are able to check the residences, places of work or educational establishments of those suspected of entering marriages of convenience. In addition, information entered in municipal registers on marriages and co-habitation is compared with information submitted to the immigration service.

Suspect's history can spark off investigation

For example, an investigation may be launched if the sponsor of the application has a history of short-term marriages or a previous marriage of convenience, or if a tip-off is received on the suspect.

If suspicions of a marriage of convenience prove justified or the sponsor has led the authorities astray, the punishments applied vary between EU countries, from unconditional sentences of five years in prison, to 15,000 euro fines. In most cases, the residence permit application of the person seeking reunification on the basis of family ties is rejected or revoked.

The Finnish Immigration Service uncovers around 250 marriages of convenience per year

The Finnish Immigration Service makes around 250 negative decisions per year, based on suspected marriages of convenience. This estimate does not include decisions made by the police.

The Finnish Aliens Act includes no definition of marriages of convenience. Marriages of convenience are deemed formally valid in legal terms. However, section 36 of the Finnish Aliens Act states that a residence permit can be rejected if it transpires that the declared marriage was formed in order to circumvent residence permit rules.

Typical causes of suspicion that a marriage of convenience is in question include diverging accounts by the spouses of their lives together, the short duration of the marriage, unclear circumstances related to entering the marriage, or a large age gap between the spouses.

In the main, Finland foils attempts to abuse the residence permit process prior to the foreigner's arrival in Finland. Careful investigation of visas and residence permit applications has been proven to help markedly in combating abuse.

More detailed information on the consideration of marriages of convenience under the Finnish Aliens Act is provided in a previous memorandum drawn up by the Finnish Immigration Service. This is intended for the benefit of journalists in particular and can be obtained, by request, from the Communications Unit of the Finnish Immigration Service.

Further information for the media

Riikka Asa, Head of Section, European Migration Network, The Finnish Immigration Service, tel. +358 (0)71 873 0431, e-mail: firstname.lastname@migri.fi

The EMN synthesis report Misuse of the Right to Family Reunification is available from website of the Finnish national contact point, at http://www.emn.fi/raportit/2012.