Government Policy To Address Sham Marriages
The Government has “developed a policy framework” to address sham marriages, stating that “where a sham marriage is established based on evidence, then immigration-related benefits a spouse gets through that marriage could be refused, cancelled, or revoked in accordance with the law.”
Speaking at yesterday’s press conference, Minister of Economy and Labour Jason Hayward said, “A second step being taken to strengthen the integrity of Bermuda’s immigration system involves addressing the issue of sham marriages. These are marriages entered into primarily for immigration or other legal benefits rather than to establish a genuine marital relationship.
“While the vast majority of marriages are genuine, marriages can also be used to circumvent immigration controls. Recognising this, many countries have introduced safety measures to protect the integrity of their immigration systems while preserving the rights of genuine couples.
“In Bermuda, we realise that there is no definition of ‘sham marriage’, nor is there the authority to investigate suspicious cases. This results in vulnerabilities and gaps in our immigration system. We have developed a policy framework to be shared with the public. In it, we define a sham marriage as a marriage entered into primarily to obtain an immigration or legal benefit without a genuine intention to establish a shared life together as spouses.
“We expect most marriage applications will continue through the normal registration process. However, where objective indicators generate reasonable concerns that a proposed marriage may not be genuine, the Registrar will be authorised to refer the matter to the Department of Immigration for further assessment and investigation.
“Indicators could include significant inconsistencies in information provided by the marrying parties, documentary irregularities, evidence of financial inducement, etc.
“Where a sham marriage is established based on evidence, then immigration-related benefits a spouse gets through that marriage could be refused, cancelled, or revoked in accordance with the law. We should note the policy anticipates creating a criminal offence for knowingly entering into or facilitating a sham marriage for the purpose of obtaining an immigration or legal benefit.”
