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Publication date: 13.05.2024
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Ukraine, like many other countries, has its own definitions and legislation regarding immigrants. The general definition of an immigrant in Ukraine is a person who permanently resides in Ukraine, but is not a citizen of this country and has legal grounds for staying in Ukraine, for example, a work visa, refugee status, or others. Immigrants may fall under different legal categories, including rights to work, education and social benefits depending on their status and circumstances of their stay in Ukraine.
This may be due to specific requirements or restrictions that exist in Ukrainian immigration law. For example, some countries have restrictions on marriage-based immigration, especially if the marriage is believed to have been entered into for immigration benefits rather than for genuine family or personal reasons.
In such cases, the immigration office may carry out a thorough investigation to determine whether the marriage is a sham or not made to circumvent the law. If such circumstances are established, it may become grounds for refusing to grant an immigration permit.
A situation where one of the spouses receives financial compensation in exchange for giving free consent to marry can be considered a sign of a fictitious marriage. In Ukraine, such actions may be illegal and lead to the refusal of an immigration permit.
It is defined as a corrupt practice that violates the law and the principles of honesty and fairness. The responsible public services have the right to carefully check such circumstances and decide whether to grant or refuse to grant an immigration permit in accordance with the law.
The fact that the spouses do not live together and do not have a common household can be one of the signs of a sham marriage, especially if the law of the country requires cohabitation as part of the requirement for immigrant status or another immigration benefit.
In such cases, it is necessary to confirm the information about the joint residence of the spouses, as well as other evidence of a real family union, for example, joint rental or own living space, joint financial documents, etc.
In such cases, the relevant services can carefully check the circumstances of the spouses and refuse to grant immigration permission if they come to the conclusion that the marriage is fictitious and not based on a real family union.
The fact that the spouses did not meet or communicate before the marriage can also be considered a serious sign of a sham marriage. A real marriage is usually based on personal acquaintance, common interests, communication and the development of a relationship over time.
In order to obtain immigrant status through marriage, government agencies may conduct a thorough background check on spouses, including their relationship and history. If it turns out that the spouses have no basis for meeting or communicating before the marriage, this can be considered as a suspicion of a sham marriage.
In such cases, the relevant authorities may refuse to grant immigration permission and invalidate the marriage if they decide that it was entered into for the purpose of obtaining immigration benefits and not on the basis of a genuine family relationship.
The fact that the spouses do not communicate in a language that both of them understand can be considered as one of the signs of a sham marriage, especially if the lack of a common language makes it difficult for them to communicate and communicate.
In order to obtain immigrant status through marriage, the appropriate services may require evidence of a genuine family union, including the ability of the spouses to communicate effectively. If a couple cannot communicate or do not have a common language, this can raise questions about the authenticity of their marriage.
The fact that one of the spouses was previously married to a citizen of Ukraine or an immigrant, who was not recognized as a reason for granting an immigration permit, may cause the authorities to suspect that the new marriage meets the legal requirements.
In such cases, the relevant services may conduct a thorough investigation of the circumstances of the previous and current marriage to determine whether there is a genuine family union, rather than an attempt to circumvent the law through marriage in order to obtain immigration benefits.
Each of the spouses does not have information about the personal data of the other, can be considered as another potential sign of a fictitious marriage. Usually, in real family relationships, spouses share personal information, such as date and place of birth, place of residence, education, place of work, profession, religion, presence of close relatives, lifestyle and preferences.
A person's refusal to have his or her spouse present in person when applying for an immigration permit may be reasonable grounds for suspecting a marriage of convenience. This may lead to further investigation and background checks, and may result in the denial of immigration permission if the authorities determine that there is reason to believe that the marriage was a sham.
The refusal of each of the spouses to give written consent to the interview and written tests to verify the circumstances defined in the relevant article or legislation can be considered as another sign of a fictitious marriage.
Thus, during the verification of the circumstances determined in accordance with the current legislation, the relevant public services may conduct interviews with a foreigner or a stateless person in order to learn more about their marriage and to verify its authenticity.
These interviews may include questions about the spouses' relationship history, lifestyle, shared interests, business and personal plans, and any other circumstances that will help determine the legitimacy of their marriage. In the event that a spouse refuses to participate in interviews or provides answers that are not considered sufficient to conclusively prove the authenticity of their marriage, this may be the basis for additional investigation and verification of the circumstances, which in turn may affect the decision to grant immigration permission.
