Government addresses issue of ‘Sham Marriages’ in Ireland

Brophy's Law Blog

The Government has approved an amendment to the 2004 Civil Registration Act intended to target ‘sham marriages.’ The new law will give Civil Registrars the power to investigate and block a marriage if they suspect that the marriage is not genuine. 

Under current legislation it is not possible to prevent a marriage going ahead if it is suspected to be a marriage designed purely to secure residency rights. The Department of Social Protection has noted that the free movement rights associated with EU citizenship are potentially open to abuse through marriages of convenience, whereby a non-EU national might seek to marry an EU national solely for an immigration advantage. Minister for Justice, Equality and Defence Alan Shatter TD has also previously expressed concern that European Union free movement rights are “being abused by those seeking to circumvent proper immigration controls on entering the Union.” 

Concerns have also been expressed that vulnerable people from European countries have been trafficked into Ireland where they are forced to take part in marriages of convenience. Ireland’s lack of laws regarding sham marriages are seen to make it susceptible to such transactions. The traffickers would charge non-EU citizens seeking access to the EU for the marriage which would secure rights for them as a spouse of an EU citizen. Previous reports have estimated that as many as 400 young women have been trafficked into Ireland in order to participate in a sham marriage designed solely for the purposes of attaining rights attached to EU Citizenship for the non-EU party to the marriage.

The new amendment will give Civil Registrars the power to ask questions and to inform immigration authorities or the Gardaí if they have reason to suspect that a marriage is a sham. Minister for Social Protection Joan Burton TD gave examples of possible reasons for suspicion such as if the couple “spoke different languages or if they gave an address that was given in a previous suspect marriage case, or if they seemed not to know each other.”

We would cautiously welcome the new legislation. It is clear that a vulnerable minority are open to exploitation and that new legislation is likely to give that minority greater protection from abuse. However, it is essential that the powers granted to Civil Registrars to intervene are limited and clearly circumscribed so that interventions are legitimate and not based on unsubstantiated suspicion.

Freya Foster
Brophy Solicitors