FINE GAEL has proposed tough new laws aimed at tackling “sham marriages”, which would include penalties of up five years in jail for anyone convicted of marrying to circumvent immigration law.
The party has tabled amendments to the Immigration, Residence and Protection Bill that would make it a criminal offence for anyone party to this type of marriage of convenience. Anyone who “facilitates, solemnises, makes and signs a declaration” in conclusion of a marriage of convenience would also face punishment under the Fine Gael plan.
The amendment tabled by Fine Gael justice spokesman Alan Shatter and immigration spokeswoman Lucinda Creighton aims to tackle a growing number of “sham marriages” undertaken by EU citizens to create residency rights for their non-EU spouses in return for money.
Marriage registrars recently warned that up to 15 per cent of the civil marriages they perform are “shams”. The Department of Justice has also highlighted irregular trends in the number of marriages between certain nationalities as evidence of the practice.
Mr Shatter said yesterday the amendment is badly needed to address rising public concern over sham marriages and the criminal gangs behind the scam, who are trading women for marriage.
“We need to make clear this practice is unacceptable. The tougher penalties would be aimed at the gangs arranging the sham marriages,” he said.
Mr Shatter said the law is not targeting marriage registrars that solemnise marriages because he did not believe they were overseeing sham marriages willingly.
The amendment is likely to be debated by TDs when the Immigration, Residence and Protection Bill is discussed by the Oireachtas justice committee tomorrow.
Under an EU directive, which was given effect in the Republic in 2006, the non-EU spouses and family members of EU citizens have the right to travel freely within the union. The spouses of Irish citizens are not covered by the directive and do not benefit from the same residency rights.
The number of people applying for residency rights based on marriage to an EU citizen increased to 2,129 in 2009, up from 1,207 in 2006.
Figures released to Mr Shatter yesterday in a reply to a parliamentary question show there were 1,487 applications for residency by non-EU citizens based on marriage to non-Irish EU citizens in the first nine months of 2010.
The new figures show Pakistanis have made the most applications – 286 – based on marriage to an EU citizen, with 128 of those applications based on marriage to a Latvian national. Of those 286 Pakistani applicants, 266 were men and 20 were women.
The second highest number of applications was made by Nigerian nationals, with 185 made based on marriage to an EU citizen, with 40 of those applications based on marriage to an English national. Of those 185 Nigerian applicants, 121 were men and 64 were women.
In total, 293 Latvian spouses have been attached to applications for EU treaty rights with 47 being men and 246 being women, said the department in its answer.
Getting married to circumvent immigration law is not an offence under Irish law. Tough new rules proposed in the Immigration, Residence and Protection Bill 2008 have been watered down in the redrafted 2010 Bill.
But the current version of the Government’s Bill does define a marriage of convenience for the first time in Irish law and enables the Minister for Justice to disregard a sham marriage when considering a residency application.
By the numbers applications for residency
286
Applications for residency made by Pakistanis in the first nine months of 2010 based on marriage to an EU citizen. Twenty applicants were women.
185
Nigerians made 185 applications for residency based on marriage to an EU citizen. Of the applicants, 121 were men.
293
The number of Latvian spouses who attached applications for EU treaty rights. Forty-seven applicants were men.