Prosecuting sham marriages under cayman's immigration law - the problems ahead

• Author: Andy Darkoh/Austair Cutts
• Pages: 257-269

NOTES AND COMMENTS

PROSECUTING SHAM MARRIAGES UNDER CAYMAN'S

IMMIGRATION LAW - THE PROBLEMS AHEAD

ANDY DARKOH AND AUSTAIR CUTTS*

A marriage of convenience, otherwise known as a 'sham',

'ostensible' or 'limited purpose' marriage,1 is often entered into for

the primary purpose of achieving a limited objective without any desire

to fulfil usual marital obligations.

The growing problem of sham marriages in most parts of

the

world

(especially in the rich countries) is often precipitated by world

economic and political problems. Escalation of international and civil

wars in many parts of

the

world, political turmoil and acute poverty in

a number of developing nations very often force mass migration of

populations from the troubled parts of

the

world to where those fleeing

believe there is a better life. Immigration laws of most countries do not

often allow easy settlement and consequently some means, an obvious

one being a sham marriage, are found to circumvent the laws. Sham

marriages are also entered into for other purposes such as tax evasion,

social security claims and legitimation of children.

Numerous cases have arisen in various jurisdictions highlighting

immigration concerns. Typically, a spouse will try to establish

entitlement to enter, or to continue to reside, in a country; or a spouse,

after the objective of the sham marriage has been attained, will go to

the court to seek to annul the marriage.

Arguments against the validity of such marriages have been

advanced in many jurisdictions and at various historical times.2 Before

This note consists of a combined presentation made by two lecturers from

the Cayman Islands Law School at an Immigration Workshop organised by

the Immigration Department of the Cayman Islands on June 20, 1993 to

bring to the awareness of the public the problems of 'marriage of

convenience', with emphasis on its impact on immigration law.

1 See Wade, 'Limited Purposes Marriages* (1982) 45 M.L.R. 159 for other

variants.

2 In M'Innes v. More (1782) 3 Paton 597, a Scottish* marriage to prevent

disgrace arising from pregnancy was held to be invalid. In Kelly v. Kelly

(1932) 148 L.T. 143, a marriage ceremony undertaken for business