In India, marriage is not only a fundamental aspect of culture but also a legally binding institution that affects many areas, including immigration. The growth of international marriages and movement around the world has also led to the growth of cases of marriage fraud. Slipping into deception for the sake of marriage can be devastating, more so if it is for the purpose of immigration benefits.
Marriage Fraud: About
As the term implies, marriage fraud can be defined as a sham marriage entered for ulterior motives most of the time with an aim to gain immigration benefits. This can usually end up in a number of ways:
- Sham marriages: They are the unions in which one or both partners do not intend to live together as a married pair. Enabling one of the partners, typically a foreign national, to get citizenship or residency in the nation is the main a objective.
- False Information: One party, in this case, may provide the other party with misleading information concerning certain aspects of themselves, such as their identity, source of income, or legal status. The victim, however, is likely unaware of the fact that the marriage was a sham primarily aim at seeking other benefits, marrying for immigration reasons, for example.
- Bigamous Marriage: In India, it is against the law for one to marry another person while he or she is still legally married to a partner. This is call bigamy. However, there are instances where individuals marry again despite being already marriage by providing false information regarding their marriage history, especially when seeking greener pastures overseas.
- Abuse of Vulnerability: At times, people with vulnerabilities are exploit by foreign nationals seeking an easier path to immigration. These people the might not learn of their spouse’s intentions until after they are marriage.
Laws Relating to Marriage and Immigration
- The Special Marriage Act (1954) regulates unions between people of various ethnicities or religions. Indian citizens can marry foreign nationals and a marriage between a foreign male and an Indian woman is also allow, but certain changes in law have to be complies with, such as giving 30 days’ notice before the marriage takes place. The purpose of this cooling-off period is to provide the individuals a chance to voice any concerns regarding their marriage, which can help in stopping marriage fraud.
- This Foreigners Act (1946) deals with the admission, stay and exit of foreign nationals in India. Any faked marriages would be liable for deportation and also prevent re-entry if a foreigner marries an Indian citizen and subsequently applies for an extended stay or permanent residency.
- Section 318 of the Bhartiya Nyaya Sanhita addresses fraud and deception, and it applies to situations involving marriage fraud. This clause may be use if a foreign national deceives an Indian citizen into getting marriage under false pretences.
- Under the Citizenship Act (1955), marriage to an Indian citizen can hasten the process of granting citizenship to a foreign spouse, but it does not guarantee it.
Consequences of Marriage Fraud on Immigration
- Marrying for the sake of immigration is detrimental to the foreign spouse’s regular immigration status as a spouse.
- If in the course of marriage, it is find that the marriage is a sham then it is expect that the foreign spouse’s visa or green card application would be deny.
- A marriage fraud conviction can also result in a lifetime ban from applying for future visas or residency in India.
Steps Taken to Combat Marriage Fraud
- Increased Scrutiny on Spouse Visa Applications: The Indian government has made it tougher on foreign spouses since the introduction of spouse visas. This includes extensive interviews, background checks and processes regarding the verification of documents. There is a warning to the consular officials who conduct visa application interviews requesting them to watch out for signs of fraudulent marriages particularly in Indian embassies abroad.
- Code for Marriage Registration: Statistically, the percentage of Indian expatriates married to non-citizens is on the rise. Indian and foreign national marriages need to be registered as per the details of relevant authorities. Several papers including identification documents, residency, and marital status evidence have to be provided during the registering process. In this way, the registration procedures may help to prevent the practice of sham marriages.
- Partnership with Global Institutions: To address the global issue of marriage fraud, the Indian authorities take the assistance of international agencies. This means that such individuals indulge in marriage fraud, India shares such informative details to foreign governments and law enforcement agencies. In some cases, individuals charge with marriage fraud may be brought back to their home countries for prosecution.
- Services Related to Public Awareness Campaigns: In order to make the perpetration of marriage fraud known and its consequences to the public in India, the concerned authorities have also implemented some public awareness campaigns.
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