Sham marriage or genuine relationship?
When assessing Family Visa applications, Home Office officials must assess whether a marriage or relationship is genuine.
UK Immigration Solicitors advise Spouse Visa applicants on the evidence they need to demonstrate that their marriage is genuine and that they are in a subsisting relationship.
Every applicant for a Spouse Visa and their sponsoring partner must pay attention to the immigration rules and Home Office caseworker guidance to minimise the risk of their application being refused.
Contact OTS Solicitors Today for Expert Spouse Visa Legal Advice.
The definition of a sham marriage
Under sections 24 and 24A of the Immigration and Asylum Act 1999, a sham marriage or civil partnership is defined as one where:
- One or both spouses are not relevant nationals.
- One or both spouses or civil partners entered the marriage or civil partnership for the purpose of circumventing UK immigration controls.
- There is no genuine relationship between the spouses/partners.
Relevant nationals are defined in the Immigration Act 2014 as British citizens, EEA nationals, or Swiss nationals. The Brexit regulations include Irish citizens and people with settled status or pre-settled status granted under the EU Settlement Scheme (EUSS) as relevant nationals.
Consequences of a sham marriage finding
The consequences of a Home Office caseworker making a finding that a marriage is a sham or a marriage of convenience are:
- The refusal of a visa application or the cancellation of entry clearance.
- Those involved in the marriage could face a criminal investigation and conviction.
- Whether or not there is a successful criminal prosecution, a Home Office finding of deception may affect the prospects of the visa applicant being able to secure UK entry clearance in subsequent visa applications or the sponsoring partner successfully being able to sponsor a new spouse or civil partner.
If the Home Office official considers, on a balance of probabilities, that a Spouse Visa applicant has knowingly entered, or attempted to enter, into a sham marriage or civil partnership, or has assisted another person to enter into, or try to enter, a sham marriage or civil partnership (whether or not they were successful) they may refuse the visa application or cancel entry clearance.
A finding that the marriage is a sham will not necessarily result in a visa refusal or repercussions for a sponsoring partner. Every situation needs to be carefully considered and assessed. For example, a sponsoring partner may have been duped into entering the marriage.
What is the balance of probabilities test?
The Home Office must be satisfied on the balance of probability that a marriage or civil partnership is a sham. This means it is more likely than not that the relationship is not genuine.
Home Office investigation into a potential sham marriage
Here is a link to the latest Home Office guidance to caseworkers on investigating sham marriages.
An investigation into a relationship may arise through either:
- A registry office notifying the Home Office of a planned marriage or civil partnership where the registry is obliged to inform the Home Office, as one or both parties to the intended marriage are not exempt from notification.
- A criminal investigation or conviction.
- A visa application or extension application that raises concerns.
Examples of flags or concerns include:
- A sponsoring partner has sponsored several other Family Visa applicants, and the relationships were of short duration.
- The Home Office classifies the visa applicant as an overstayer.
- The visa applicant has an immigration record that raises additional questions—for example, a previous finding of deception.
The sham marriage investigation paperwork and interview
As part of a Family Visa application or investigation, a couple will be asked to produce evidence about the genuineness of their relationship. The sort of documents they may need to provide includes:
- Evidence of living together, such as a tenancy agreement, utility bills or bank statements.
- Evidence of the genuineness of the relationship, such as text or other social media messages or photographs.
The Home Office can ask additional questions and request an interview with a couple. The risks of being asked to produce further evidence or to attend an interview are considerably reduced if a visa applicant instructs a specialist Spouse Visa Solicitor to prepare their Family Visa application and to advise on the best evidence to produce. Every person's situation is different. It is therefore important to assess what compelling evidence you have of your genuine relationship rather than sending the Home Office voluminous text messages.
Worried about a Family Visa application and the genuine relationship test
Many Family Visa applicants stress about whether their application will be successful because:
- They know people who have had applications refused.
- They were not in a long courtship or relationship before their marriage.
- They had long periods apart during the marriage because of work or other factors.
- A sponsor had only recently divorced a previous spouse before the recent Family Visa application.
- They don’t engage in social media and so do not think they have an online record of the relationship to prove it is genuine.
At OTS Solicitors, our Immigration Lawyers specialise in complex Family Visa applications where a couple's situation is complex. For example, there has been a prior visa refusal or flags on an immigration record. Expert knowledge of the immigration rules and Home Office caseworker guidance enables our Spouse Visa Solicitors to present the best case to secure your visa.
Our specialist knowledge of immigration law is recognised by our inclusion in the 2026 editions of Chambers Guide to the Legal Profession and the Legal 500.
Contact OTS Solicitors Today for Expert Spouse Visa Legal Advice.
Consultations are available at our offices in central London or online.
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