The Concept of Marriages of Convenience in EU Free Movement Law : EU and UK Perspectives /

The Concept of Marriages of Convenience in EU Free Movement Law : EU and UK Perspectives /

Over the past two decades, EU Member States have regularly complained about the perceived abuse of EU law via marriages of convenience, allegedly contracted between mobile EU citizens and third-country nationals. During the pre-Brexit years, the UK had been voicing particularly strong concerns about...

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Main Author: Ancite-Jepifánova, Aleksandra (Author)

Format: eBook

Language: English

Published: Leiden ; Boston : Brill | Nijhoff, 2025.

Series: Human Rights and Humanitarian Law E-Books Online, Collection 2025.
Immigration and Asylum Law and Policy in Europe ; 53.

Subjects:

Human Rights and Humanitarian Law.
Human Rights.

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Call Number: K3239.6

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Table of Contents:
  • Acknowledgements
  • List of Tables
  • Abbreviations
  • Introduction
  • 1 Setting the Scene: Marriages of Convenience and EU Citizens' Right to Family Reunion
  • 2 Limitations
  • 3 Sources
  • 4 Terminology
  • 4.1 'Marriages of Convenience'
  • 4.2 'Citizen' v 'National'
  • 4.3 'Family Reunion' v 'Family Reunification'
  • 5 Chapter Outline
  • Part 1
  • EU and European Human Rights Law
  • 1 Right to Family Reunion in EU Free Movement Law
  • 1 Introduction
  • 2 From 'Market Citizen' to Union Citizen: Evolution of the Concepts of Free Movement of Persons and EU Citizenship
  • 2.1 On the Way towards the Citizenship Directive
  • 2.2 Citizenship Directive
  • 3 Right to Family Reunion under the Citizenship Directive
  • 3.1 Rights of Family Members as Derivative Rights
  • 3.2 Who Is Considered a Family Member?
  • 3.3 Married Couples as a Privileged Group
  • 4 Derogations from Free Movement Rights
  • 4.1 Public Policy, Public Security and Public Health
  • 4.2 Abuse of Rights
  • 5 Conclusion
  • 2 Right to Family Reunion as a Source of Tension between the  cjeu  and Member States
  • 1 Introduction
  • 2 Treating Nationals Worse than Foreigners: The Phenomenon of Reverse Discrimination
  • 3 The Substance of Marriage
  • 4 Returning Member State Nationals
  • 5 EU Citizens Forming Families in the Host Member State
  • 6 Visas for Non-EU Family Members Travelling to the UK
  • 7 Family Reunion Cases Outside the Scope of the Citizenship Directive
  • 7.1 Different Forms of Free Movement
  • 7.2 Static EU Citizens
  • 8 Marriages of Convenience as the Only Form of Abuse of Rights?
  • 9 Conclusion
  • 3 After  Metock : Marriages of Convenience as an Apple of Discord between the EU and Member States
  • 1 Introduction
  • 2 All You Need Is Love? The Controversial Notion of Marriages of Convenience
  • 3 The Judgment in Metock: Opening a Pandora's Box
  • 4 Exploitation of the Vulnerable? EU-8 Nationals in Focus
  • 5 UK and Three Other Member States Demanding Change
  • 6 Pre-referendum Settlement: An Unprecedented Concession to the UK
  • 7 Conclusion
  • 4 Europeanisation of Relationship Standards? Marriages of Convenience in EU Soft Law
  • 1 Introduction
  • 2 EU Soft Law in a Nutshell
  • 2.1 The Concept of European Soft Law
  • 2.2 General Rule: No Derogation from Hard Law
  • 2.3 Legal Effects of EU Soft Law at the National Level
  • 3 EU Soft Law on Marriages of Convenience
  • 3.1 Commission Guidelines and Handbook as Interpretative Tools
  • 3.2 Definition of Marriages of Convenience: The 'Sole Purpose' Test
  • 3.3 Relationship between the 'Sole Purpose' Test and the  cjeu  Case Law
  • 3.4 Investigation of Marriages: Limitations and Procedural Safeguards
  • 3.5 'Operational' Measures
  • 4 Conclusion
  • 5 The Concept of Marriages of Convenience and European Human Rights Law
  • 1 Introduction
  • 2 Articles 12 and 8 of the echr in a Nutshell
  • 2.1 The Right to Marry and to Found a Family
  • 2.2 The Right to Respect for Private and Family Life
  • 3 Articles 8 and 12 of the echr and Immigration Control
  • 4 The Legality of Targeting Marriages of Convenience for Immigration Purposes
  • 4.1 Marriages of Convenience in ECtHR Case Law
  • 4.2 Methods of Investigation and Human Dignity
  • 5 ECtHR Case Law on Marriages of Convenience vs EU Free Movement Law
  • 6 Conclusion
  • Part 2
  • UK Law
  • 6 Historical Development of Family Reunification Provisions in UK Law
  • 1 Introduction
  • 2 1948-1977: The End of Free Movement for Commonwealth Nationals
  • 3 The 'Primary Purpose Rule' (1977-1997)
  • 4 After the 'Primary Purpose Rule': Focus on Pre-wedding Controls
  • 5 Certificate of Approval Scheme: Tarring Everyone with the Same Brush
  • 6 The Blame Misplaced: Citizenship Directive as a 'Loophole'
  • 7 Conclusion
  • 7 Marriage Controls during the Pre-Brexit Period
  • 1 Introduction
  • 2 Pre-marriage Controls: 'Referral and Investigation Scheme'
  • 2.1 Immigration Act 2014: 'Sham Marriages' and 'Compliant Environment'
  • 2.2 Definition of a 'Sham Marriage'
  • 2.3 Compliance with an Investigation
  • 2.4 Implications of Giving a Marriage Notice in the UK
  • 2.5 Interplay between the 'Referral and Investigation Scheme' and EU Law
  • 3 Post-marriage Controls
  • 3.1 Procedures for Family Reunion with EU Citizens in the UK
  • 3.2 The Concept of Marriages of Convenience in the  eea  Regulations
  • 3.3 Application for an  eea  Family Permit
  • 3.4 Application for an  eea  Residence Card
  • 3.5 Non-suspensive Appeal Rights
  • 3.6 Deporting EU Citizen Spouses: Public Policy Test
  • 3.7 Marriages of Convenience and UK Family Law
  • 4 Conclusion
  • 8 Marriage Controls after Brexit
  • 1 Introduction
  • 2 Position of EU Citizens in the UK after Brexit
  • 3 Family Members of EU Citizens in the UK
  • 4 Marriages of Convenience Post-Brexit
  • 4.1 Pre-marriage Controls
  • 4.2 Post-marriage Controls
  • 4.3 Procedures Following a Marriage of Convenience Determination
  • 5 Conclusion
  • 9 Assessing the Nature of Marriage: Conduct of Investigation
  • 1 Introduction
  • 2 'Risk Profiles' and Marriages Perceived as 'Suspicious'
  • 3 Interview Questions: Focus on Discrepancies and Cohabitation
  • 4 Hostile Interviewing Style
  • 5 Cases Involving Pregnancy or Childbirth
  • 6 Home Visits
  • 7 Conclusion
  • 10 Legitimising the Illegitimate: Marriages of Convenience and the UK Judiciary
  • 1 Introduction
  • 2 Burden of Proof
  • 2.1 Evidential Burden
  • 3 Focus on Cohabitation and/or Present State of the Relationship
  • 4 Definition of Marriages of Convenience
  • 4.1 Literal Interpretation of the Definition
  • 5 Cases Involving Pregnancy or Childbirth
  • 6 Conclusion
  • Conclusion
  • Annexes
  • Annex 1
  • Annex 2
  • Annex 3
  • Bibliography
  • Index.