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This webinar is FREE and you can register for your place HERE.
In this webinar, we will work through challenging 'sham marriages' or marriage of convenience allegations. We will consider the complexities of the definitions, the marriage and civil partnership referral and investigation scheme which was introduced by the Immigration Act 2014, investigations which occur outside that scheme and useful case law and Policy Guidance.
This webinar will allow more effective applications to be submitted and for better challenges to adverse decisions.
In this webinar, we will cover the following:
• The differences and complexities in the definition of a sham marriage and marriage of convenience
• a detailed analysis of Part 4 of the Immigration Act 2014; the key changes introduced by this
• a look at the Proposed Marriages and Civil Partnerships (Conduct of Investigations, etc) Regulations 2015 and the Marriage and civil partnership referral and investigation scheme: statutory guidance for Home Office staff March 2015, with examination of the referral and investigation scheme
• the importance of the UKVI conducting investigations lawfully, including the requirements in requests made for evidence and the marriage interview process
• a consideration of the impact of Home Office non-compliance with notice periods and the effect of a non-compliance decision
• a look at useful Policy Guidance and case law to assist in establishing a genuine relationship
• a breakdown of sham marriage enforcement actions and offences
• detailed examination of the UKVI Enforcement Visits and Marriage Investigations Guidance
• an inspection of the most recent and relevant authorities on the right to marry, marriages of conveniences, the burden of proof, the quality of evidence, non-suspensive appeals
• case Activity / Group Discussions
Daniel Rourke and Tatiana Kazim from the Public Law Project will be collaborating on this training. The growing use of automated decision making in public life is an issue of interest for Public Law Project, as part of its ‘Public law and technology’ focused work. Tatiana Kazim from PLP’s research team will set out what is known of the use of automated decision making by the Home Office to select individuals for sham marriage investigations. Daniel Rourke from PLP’s casework team will discuss possible public law remedies available to individuals affected by this approach. Colleagues at PLP have published some preliminary research/articles on this – https://www.freemovement.org.uk/home-office-refuses-to-disclose-inner-workings-of-sham-marriage-algorithm/