Marriages of Convenience – Revocation of Residence Card

The Minister can revoke a residence card after it is obtained wherein it was obtained on the basis of fraud or an abuse of rights.

The residence card holder will obtain notification in writing which sets out the reasons for the proposal and there is only a short period of time for the person to provide reasons if they reject the proposal.

Section 28(2) of the Free Movement of Persons Regulations state:

(2) Where the Minister, in taking into account a marriage for the purpose of making a determination of any matter relevant to these Regulations, has reasonable grounds for considering that the marriage is a marriage of convenience, he or she may send a notice to the parties to the marriage requiring the persons concerned to provide, within the time limit specified in that notice, such information as is reasonably necessary, either in writing or in person, to satisfy the Minister that the marriage is not a marriage of convenience.

This can occur if the Minister considers false or misleading material facts were provided previously, for example.

The Minister will likely have referred to the Commission’s Handbook on Marriages of Convenience when reviewing such a matter.

Fair procedures should be employed in the decision making process and reasoned reasons for the decision provided.

Section 28 of the European Communities Free Movement of Persons Regulations 2015 states:

The Minister, in making his or her determination of any matter relevant to these Regulations, may disregard a particular marriage as a factor bearing on that determination where the Minister deems or determines that marriage to be a marriage of convenience.

The representations to the Minister should include the immigration history of the EU citizen and relationship history.

Section 28(5) of the Regulations state the Minister shall determine whether a marriage referred to in paragraph (2) is a marriage of convenience having regard to:

Information furnished under the regulations and

• the nature of the ceremony on the basis of which the parties assert that they are married
•  whether the parties have been residing together as husband and wife, and, if so, the length of time during which they have so resided;
• the extent to which the parties have been sharing income and outgoings;
• the extent to which the parties have been dealing with other organs of the State or organs of any other state as a married couple;
• the nature of the relationship between the parties prior to the marriage;
• whether the parties are familiar with the other’s personal details;
• whether the parties speak a language that is understood by both of them;
• whether a sum of money or other inducement was exchanged in order for the marriage to be contracted (and, if so, whether this represented a dowry given in the case of persons from a country or society where the provision of a dowry on the occasion of marriage is a common practice);
• whether the parties have a continuing commitment to mutual emotional and financial support;
• the history of each of the parties including any evidence that either of them has previously entered into a marriage of convenience or a civil partnership of convenience;
•  whether any previous conduct of either of the parties indicates that either of them has previously arranged a marriage of convenience or otherwise attempted to circumvent the immigration laws of the State or any other state;
• the immigration status of the parties in the State or in any other state;
•  any information provided by an tArd-Chláraitheoir or registrar within the meaning of the Civil Registration Act 2004 ;
• any other matters which appear to the Minister to raise reasonable grounds for considering the marriage to be a marriage of convenience.

Immigration Lawyer

If you have questions about marriages of convenience residence cards legal matters, you can speak with an immigration lawyer on (01) 546 1121 or  (052) 612 1999.

Disclaimer

Please be advised that the above-mentioned material is intended as an overview and as a broad outline of the topic discussed. It should not be considered as complete and comprehensive legal advice, nor act as an appropriate substitute.
Due care has been taken in the publication of this article and we do not accept legal liability as a result of reliance on any material covered in the above article.