criminal-law european-union marriage sweden
How to report a sham marriage in Sweden
<p>It makes sense to reject a sham marriage (marriage of convenience) arranged solely for the purpose of admitting foreigners to EU on false claims of "anknytningsperson" (loosely speaking "connected person"). </p>

<p>It is not legal to pay a person to become an "anknytningsperson" and the Swedish authorities have been very clear that it is not legal. </p>

<p>I've tried to report a so-called sham marriage that was approved solely for the purpose of admitting foreigners to Sweden. I spoke with the police, the immigration office and the immigration court, the tax authorities and they say that the case is not unique but that they don't have experience.</p>

<p>The background is that some of my acquaintances started to fabricate and sell false documents which they have registered at the tax authorities and at the immigration offices.</p>

<p>In one case, the lady got paid SEK 100 000 (what kind of money is that?) and the couple didn't live together but the lady registered at the foreigner's address for some time and they registered an intention of getting married with the Swedish tax authories to fake that they had a relation. Now in fact the couple was already married by convenience in Iran to begin with. They had not met before the marriage. </p>

<p>There are several court cases where these cases are called crimes against the law of foreigners ("brott mot utlänningslagen").</p>

<p>The law is clear that it is not legal, and the immigration authorities even answered that if it is a marriage of convenience then the application for immigration is not legal, so the case seems clear but still the falsification has been approved which is not legal.</p>

<p>Is there any advice what to do to complain?</p>

<p>The Swedish criminal law is available in English <a href="http://www.regeringen.se/contentassets/72026f30527d40189d74aca6690a35d0/the-swedish-penal-code" rel="nofollow">here</a>. </p>

<p>The prosecutor agreed that one relevant jurisdiction is:</p>

<blockquote>
  <p>A person who gives untrue information about his identity or about
  other than his own affairs in a certificate or other document, or for
  the sake of appearances prepares a document concerning a legal
  document shall, if the act jeopardises proof, be sentenced for false
  certification to a fine or imprisonment for at most six months. If the
  crime is considered gross because it involves misuse of official
  position or for other reasons, imprisonment for at most two years
  shall be imposed. A person who invokes or otherwise uses a false
  document referred to in the first paragraph, shall, if the act
  jeopardises proof, be sentenced, as there provided, for using a false
  document.</p>
</blockquote>

<p>Recent <a href="http://www.thetelegraphandargus.co.uk/news/14155763.UPDATE__Man_and_woman_jailed_for_entering_into_sham_marriage_in_Keighley/" rel="nofollow">news about sham marriages</a> is clear that it is not legal and the penalty is 3 years in prison in the UK.</p>

<p>There was also a <a href="http://www.bbc.com/news/world-europe-34923407" rel="nofollow">BBC article about sham marriages</a> recently. </p>

<p>As someone with ties to the "foreign" community in the United States, I see these "marriages of convenience" from time to time. In their most "legitimate" form, the couple will move to the same address and "technically" live together, but without consummating the marriage so that it can later be legally annulled. American immigration authorities counter this by asking each spouse about the other's underwear (literally!).</p>

<p>Some "marriages of convenience" are legal, insofar as they technically conform to the marriage documents, e.g. regarding "co habitation," even while violating the spirit of the law. Others don't. Your best chance of attacking such "marriages" is not regarding the marriage itself (basically only the couple can decide what constitutes a valid marriage), but rather "compliance" with the marriage documents. That's something any law enforcement officer can understand.</p>

<p>Aside from being a concerned citizen, one may wonder why you care so much but for some sort of personal grudge against these people...that said, you've done your civic duty. It's not up to the citizenry to prove criminal cases on behalf of the state. They have the complaint (by you) of criminal activity. Some jurisdictions (like the U.S.) investigate and prosecute marriages of convenience with vigor, while others don't really care. It's sort of a victimless crime, aside from the fact that someone gets to become a citizen without jumping through hoops.  The U.S. has a huge problem with illegal immigration and all the social issues that follow. I'm not familiar with the Swedish government's stance on whether or not this is really a problem.</p>

<p>As far as advice, I would say not to worry about it. You've done your part. It's up to the government to do their part now. If you don't think they're doing their jobs, you can complain to the bureaucratic higher ups.  That isn't something I'd recommend, but that is just my opinion. It's your right.</p>
