Legal Definitions - sham marriage

A sham marriage is a marriage entered into by two individuals primarily for the purpose of circumventing immigration laws or obtaining other legal benefits, rather than with the genuine intent to establish a life together as spouses. In such a marriage, the parties do not intend to live as husband and wife in a true marital relationship, but rather use the legal institution of marriage as a means to an end.

• Example 1: Immigration Fraud

  A non-citizen individual wishes to obtain permanent residency in a particular country. They arrange to marry a citizen of that country whom they barely know, agreeing to pay them a sum of money. They present themselves as a genuine couple to immigration authorities, but in reality, they live in separate residences, have no romantic relationship, and do not intend to build a life together. The sole purpose of the marriage is for the non-citizen to gain legal immigration status.

  This illustrates a sham marriage because the primary motivation for the union is to secure an immigration benefit (permanent residency), not to form a genuine marital relationship with shared life and commitment.

• Example 2: Accessing Benefits

  Two individuals, who are close friends but not romantically involved, decide to get married. One friend is self-employed and cannot afford health insurance, while the other has a stable job with comprehensive benefits that include coverage for spouses. They marry so that the self-employed friend can be added to the other's health insurance plan and potentially qualify for joint tax benefits, even though they continue to live separately and maintain independent lives without any intention of a genuine marital partnership.

  This is an example of a sham marriage because the marriage is primarily for financial and benefit-related advantages (health insurance, tax breaks), rather than a genuine commitment to a shared life as spouses.