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Sham marriages leading to abuses of EU freedom of movement rights

Speaking today at the Justice and Home Affairs Council meeting in

Luxembourg the Minister for Justice, Equality and Defence Alan Shatter T.D.

alerted his colleague Ministers to his serious concern about highly

irregular patterns of marriage in Ireland involving EU nationals and third

country nationals in the context of the exercise of EU freedom of movement

rights.

In a strongly worded intervention at the meeting the Minister said “Free

movement is a fundamental right for citizens of the EU. However, evidence

is emerging in Ireland that this very fundamental right of all EU citizens

is being abused by those seeking to circumvent proper immigration controls

on entering the Union. One such abuse is the evidence of highly unusual

patterns of marriage involving EU citizens and third country nationals. For

example, last year almost 400 applications for residence were lodged in

Ireland by non EEA nationals on foot of their marriage to Latvian

nationals. The non EEA nationals in question were from Pakistan and to a

lesser degree, the Ukraine and India.”

Minister Shatter told the meeting that prior to entering Government, he had

been outspoken on this issue; upon entering Government earlier this year he

had asked his officials to look anew at the provision in the Immigration

Residence and Protection Bill to draft amendments dealing with immigration

related marriages of convenience and sham marriages. While he acknowledged

that there is no magic bullet to deal with this issue, he stated he will be

bringing forward proposals on it when he reintroduces this Bill in the Dail

shortly.

Minister Shatter also welcomed the significant attention being given by the

Gardaí to tackle abuses in this area which has led to arrests and to other

intelligence led operations designed to tackle the problem. Moreover, the

Minister noted that co operation between all the services in this area i.e.

the Gardaí, his own Department and the Superintendent of Marriage

Registrars, has been stepped up. His own Department has also introduced

interviews of selected applicants and their spouses with a view to

establishing if the marriage between the parties was entered into solely

with the intention of seeking residence rights.

Minister Shatter, whose concerns about abuses in this respect were shared

by the UK Home Secretary Ms Therese May, went on to say that there is a

real and demonstrable need to ensure EU residential rules are not exploited

by the creation of sham marriages, he also called for greater harmonisation

among Member States in their asylum determination and protection systems.

The Minister stated that “We must at all times be fully alert to the needs

of those fleeing persecution, and fully comply with our international

obligations under the Hague Convention of 1951 to provide protection and

must also ensure that divergences in our systems do not result in

inconsistent and contradictory decisions by EU Member States.”