Immigration marriages now officially a crime

Sham spouses should be frightened of the newly passed Immigration Act amendments.

Individuals found to have abetted or engaged in so-called "sham marriages" will be imprisoned by up to 10 years and/or fined up to $10,000.

The Ministry of Home Affairs said this is the first specific law in Singapore against such marriages of convenience.

"Clause 29 of the Bill introduces a new section 57C that will allow ICA to prosecute errant couples, middlemen, or marriage agencies involved in marriages which are entered into, for the purpose of illegally obtaining an immigration advantage. This will include the grant of visas, visit passes, long-term passes and permanent residence," said Mr S Iswaran, Minister in Prime Minister's Office and Second Minister for Home Affairs and Trade and Industry.

"Mr Speaker Sir, most marriages between Singaporeans and foreigners are genuine. But, there is a small number who use marriage as a ruse so that the purported foreign “spouse” can stay and work in Singapore. The proposed penalty for this offence is a fine not exceeding $10,000 or imprisonment for a term not exceeding 10 years, or both. These stiff penalties will serve as a strong deterrent against marriages of convenience," he added.

"Singapore is not alone in criminalising marriages of convenience. The United States and Australia, for example, have already done so. In Australia, persons convicted of arranging a marriage of convenience are liable to be fined up to A$100,000, or to be imprisoned for a term not exceeding 10 years, or both," the Minister said.

"The prosecution of marriages of convenience will take into account whether one party in a marriage has offered, given, or received gratification as a reward or inducement for entering into marriage, and other factors, such as whether the parties have lived together after the marriage. Given diverse cultural practices and the highly personal nature of marriage, ICA will exercise care and diligence when investigating into any alleged wrongdoing. Ultimately, the Courts will have to determine, based on the facts of each case, whether a marriage is bona fide or one of convenience, and impose the appropriate punishment," he said further.

The criminilisation of marriages for the purpose of obtaining immigration advantage is part of a broader effort by the Singapore government to regulate the entry, stay and exit of foreigners. It has also passed new amendments to strengthen border security and the issuance of re-entry permits.