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Marriage for citizenship is illegal, and obtaining citizenship through marriage is a complex process that varies by country. In the US and UK, a conditional status is granted, and the legitimacy of the marriage is thoroughly investigated. Certain conditions, such as communicable diseases or criminal conduct, can render foreign-born citizens ineligible for residency or citizenship.
Although many countries allow immigrants to obtain citizenship through marriage, it is actually not legal to marry just to obtain citizenship. The process of obtaining citizenship and legal residency is very extensive and every situation is different. In the United States, there are very serious consequences if a sham marriage is discovered by the Immigration and Naturalization Services (INS). While some countries, such as Canada, are known to be more lenient, in 2011 they are fighting back. Additionally, in many countries, there are additional requirements and waiting periods if an immigrant or prospective immigrant seeks to marry in order to obtain citizenship.
The Immigration Marriage Fraud Amendments of 1986 state that foreigners in the United States who marry for citizenship will receive only conditional immigrant status, not permanent residency. In the 90 days preceding the two-year marriage, each spouse must file an application to remove the conditional status and make the foreigner legally resident. Once this is done, the INS will conduct a very extensive investigation to determine if the marriage is, in fact, legitimate. If the marriage is approved, the individual can obtain permanent legal residency. If the foreigner is found to have married solely for the sake of citizenship, the conditional resident status will be terminated and deportation proceedings will begin.
The process is similar in the United Kingdom (UK). A foreigner in the UK can apply for a spousal visa if married outside the UK to a citizen or if she wishes to get married. This visa is initially granted for a period of two years, after which the resident alien can apply for an indefinite residence permit (ILR) or permanent residence. A citizenship interview is then conducted and marriage must be proven for the individual to be eligible for the ILR.
Regardless of country, marriage to a citizen does not automatically confer citizenship. A marriage does not even guarantee conditional status. Paperwork must be completed for all entry and residency levels. The specific laws vary by country, but there are some similarities in what is considered a valid reason to be barred from entry.
Most countries won’t even grant conditional status for a marriage if any of the following conditions are met. If the foreigner has a communicable disease or mental deficiency, entry will be prohibited. If the foreign-born citizen is below the legal age of adulthood, they will be barred from obtaining any residency to marry for citizenship. Additionally, certain criminal conduct or affiliations with certain groups will render foreign-born citizens ineligible.
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