Ad-Hoc Query on Verification of legality and genuineness of marriage & validation of paternity
Requested by CZ EMN NCP on 20th January 2010
Compilation produced on 23rd February 2010
Responses from Austria, Belgium, Czech Republic, Estonia, Finland, France, Germany, Greece, Hungary, Ireland,
Latvia, Lithuania, Malta, Poland, Portugal, Slovak Republic, Spain, Sweden, United Kingdom (19 in Total)
Disclaimer: The following responses have been provided primarily for the purpose of information exchange among EMN NCPs in the framework of
the EMN. The contributing EMN NCPs have provided, to the best of their knowledge, information that is up-to-date, objective and
reliable. Note, however, that the information provided does not necessarily represent the official policy of an EMN NCPs' Member State.
1. Background Information
The Czech Republic has been dealing for some time with fraudulent activities of foreign nationals who aim to enter the country/obtain residency rights
through sham marriages or proclamations of paternity. The Czech Republic has taken a number of relevant steps in this regard.
In case of entering into marriage with a Czech citizen, since the Czech Alien Act was amended in 2007, a third-country national (TCN) is no longer
entitled to immediate permanent residence, but is entitled to a temporary residency permit. The amended Alien act contains provisions against anyone
assisting or participating in a marriage or proclamation of paternity of convenience related to residence permits. The Criminal Code was also amended,
establishing a new penal provision against anyone unlawfully assisting or participating in acts leading to the issuance of a residence permit.
Although the Czech Republic is aware of rising numbers of suspicious cases of marriages or proclamations of paternity leading to the issuance of a
residence permit through family unification of a TCN and an EU citizen, its legislation in this field is very young and its practical experience in
combating this phenomenon is only beginning to grow.
1 of 3
EMN Ad-Hoc Query: Verification of legality and genuineness of marriage & validation of paternity
Disclaimer: The following responses have been provided primarily for the purpose of information exchange among EMN NCPs in the framework of the EMN. The contributing
EMN NCPs have provided, to the best of their knowledge, information that is up-to-date, objective and reliable. Note, however, that the information provided does
not necessarily represent the official policy of an EMN NCPs' Member State.
Therefore, the Czech Ministry of the Interior plans to hold an expert roundtable in the near future concerning the issue of family unification through
marriages and proclamations of paternity of convenience. While preparing this roundtable, the Czech Republic would find as very useful if Member
States provided answers to the following questions.
As this is an urgent matter, the Czech Republic would appreciate if EMN members could provide their answers by 4th of February.The Czech
Republic has been dealing for some time with fraudulent activities of foreign nationals who aim to enter the country/obtain residency rights through
sham marriages or proclamations of paternity.
1. What means, if any, do Member States use to verify the legality and genuineness of a marriage, such as the types of documentation or particular
interviews? What institutions are involved in the process of legalizing, verifying and possibly initiating an annulment of a residence permit granted on
the basis of such marriage?
2. How do Member States validate a proclamation of paternity? Is paternity verified in any way in connection with family unification residence permits
and what powers do Immigration authorities have in terms of suspecting fraud?
2. Responses
Wider
1. What means, if any, do Member States use to verify the legality and genuineness of a marriage, such as the types of documentation
Dissemination? or particular interviews? What institutions are involved in the process of legalizing, verifying and possibly initiating an annulment of a
residence permit granted on the basis of such marriage?
Austria
No.
This EMN NCP has provided a response to the requesting EMN NCP. However, they have requested that it is not disseminated further.
Belgium
Yes
Marriage concluded in Third Country if a TCN enters into marriage with an EU national in a Third Country and aims to enter EU territory
(Belgium) on the basis of family unification, the TCN files visa application (Type D: a national visa for a stay exceeding 90 days) with the
respective Belgian Embassy. The Embassy can deliver the visa (art. 40. Aliens Act), but only the Immigration Department (ID) has the
authority to refuse the visa. When there is doubt about the real marriage intention: interview of the applicant and transfer of the file to ID
in Brussels, ID can also seek advice from the public prosecutor: freezing of the application during the investigation. Only the ID or the
public prosecutor can request an interview in the COI. After the visa-decision the Registrar in the municipality decides about the
registration of the marriage. When the visa is obtained and TCN enters Belgium, TCN can apply for residence permit and will obtain
(after positive verification residence address) a permit valid for 5 years when fraud becomes clear after marriage/inscription in the
Population Register, an investigation can be launched. ID can ask public prosecutor to annul the marriage (situation until recently), recent
law amendments (June 2007 and June 2008): ID can withdraw residence permit when a) during the first two years the EER citizen loses
residence permit or marriage has ceased to exist b) during the third year: extra condition: when is becomes clear that the marriage is a
marriage of convenience, e.g. after an advise from the public prosecutor c) after three years: clear cases of fraud, e.g. after annulment of
2 of 3
EMN Ad-Hoc Query: Verification of legality and genuineness of marriage & validation of paternity
Disclaimer: The following responses have been provided primarily for the purpose of information exchange among EMN NCPs in the framework of the EMN. The contributing
EMN NCPs have provided, to the best of their knowledge, information that is up-to-date, objective and reliable. Note, however, that the information provided does
not necessarily represent the official policy of an EMN NCPs' Member State.
the marriage by a court
Marriage concluded in Belgium:
Circular of the Minister of Justice (BS 31/12/1999) with list of 10 factors which combined "form a serious indication for a sham marriage
(e.g. parties don’t understand each other, never met, live permanently with somebody else…)
Registrar in municipality has an important preventive power. Within two months after the declaration of marriage he must decide whether
or not the marriage can take place. He can check declarations persons involved or relatives Before he decides, he can also seek advice
from the public prosecutor, possible investigation by police (division sham marriages)
Several cities and municipalities have a special cell sham marriages (checking of statements…)
Any refusal of a marriage when a foreigner is involved, will be communicated to the Immigration Service (Circular of 13.09.2005, BS
6/10/2005).
Annulment of a marriage: when the marriage did take place, in principle it may still be annulled by Court when it becomes clear that it is a
sham marriage (retroactive power)
Crime? Aliens Act: Both persons who have concluded a sham marriage, may be sentenced by the Criminal Court to imprisonment of 8
days to 3 months or a fine ranging from 26 to 100 euros (Law of January 12, 2006 (MB 21/02/06). This applies only to marriage
contracted from February 21, 2006. Anyone who received money for a sham marriage, risks a maximum of one years imprisonment or a
maximum fine of 250 euros. Whoever uses violence or threats to force somebody to conclude a sham marriage, risks up to two years
imprisonment or a fine of 500 Euros.
Attempts to conclude a marriage in all situations described above are punishable.
Czech Republic
No
This EMN NCP has provided a response to the requesting EMN NCP. However, they have requested that it is not disseminated further.
Estonia
Yes
Family reunification between an EU citizen and TCN is regulated by the Citizen of European Union Act.
A family member has the right to stay in Estonia together with a citizen of the EU on the basis of a valid travel document for a period of
up to three months after the date of entry in Estonia after which the alien has to apply for a temporary right of residence. For entry in
Estonia, a family member must have a valid travel document and a visa. Visa is not required from a family member if (s)he has a
residence card issued by a Member State of the EU, Member State of the EEA or the Swiss Confederation, or the family member is a
citizen of the state with which Estonia has entered into an agreement to forego the visa requirement or in the case of which Estonia has
unilaterally foregone the visa requirement.
A family member wishing to acquire temporary right of residence shall submit a standard format application to the Police and Border
Guard Board if (s)he is in the country already or a representation of the Republic of Estonia who shall forward the application for
3 of 3
EMN Ad-Hoc Query: Verification of legality and genuineness of marriage & validation of paternity
Disclaimer: The following responses have been provided primarily for the purpose of information exchange among EMN NCPs in the framework of the EMN. The contributing
EMN NCPs have provided, to the best of their knowledge, information that is up-to-date, objective and reliable. Note, however, that the information provided does
not necessarily represent the official policy of an EMN NCPs' Member State.
processing to the Police and Border Guard Board, which is making the decision regarding the application.
All documents issued by a foreign state (e.g. marriage certificate, birth certificate) must be translated into Estonian of English and the
translation must be verified by a notary. Furthermore all documents must be legalized or certified with the apostille. The Police and
Border Guard officials make the decision based on the documents submitted with the application. The PBG officials have the right to ask
for other documents that will prove the family relationships.
The Citizen of European Union Act stipulates that the Police and Border Guard Board shall refuse to grant temporary right of residence to
a family member if the family member or the citizen of the EU with whom the family member wishes to reside has abused the rights or
used deceit in order to achieve the aim of the family member obtaining temporary right of residence in Estonia.
Among other, the following shall be considered as the abuse of rights, or deceit:
1) contracting fictitious marriage;
2) obtainment by the citizen of the EU of temporary right of residence in Estonia in order to achieve the aim of the family member
obtaining temporary right of residence in Estonia;
3) submission of falsified documents;
4) submission of false information.
Finland
Yes
The city administrative court verifies the legality of a marriage based on the marriage certificate and the certificate of legal capacity to
contract marriage.
The Finnish Immigration Service investigates the genuineness of the marriage and grants/ refuses the residence permit.
The genuineness is investigated with the help of certain questionnaires and in some cases particular interviews made by the police or the
Finnish embassy abroad.
If the TCN/ EU citizen applies for the residence permit because of marriage to a Finnish citizen, genuineness of the marriage is
investigated and residence permit (EU citizen’s registration) is granted/ refused by the police.
The authority that granted the residence permit may initiate an annulment of a permit if the marriage proves to be fraudulent.
France
Yes
‘White marriages’ (‘mariages blancs’ in French), also called ‘marriages of convenience’ are contracted for the purpose of obtaining a
different result from a matrimonial union. They correspond to a simulation. Indeed, a foreign national might want to get married for other
purposes than living with his/her spouse or building a family. The causes may be the intention of obtaining a residence permit or French
nationality.
Marriage of convenience can be detected by referring to a body of evidence, such as the suddenness of the marriage, a too significant age
gap, the lack of maintained relations between two spouses (telephone exchanges, travels in the country of residence of the foreign
spouse…)
4 of 3
EMN Ad-Hoc Query: Verification of legality and genuineness of marriage & validation of paternity
Disclaimer: The following responses have been provided primarily for the purpose of information exchange among EMN NCPs in the framework of the EMN. The contributing
EMN NCPs have provided, to the best of their knowledge, information that is up-to-date, objective and reliable. Note, however, that the information provided does
not necessarily represent the official policy of an EMN NCPs' Member State.
If the marriage of convenience is detected, it will be cancelled by the courts and there will be penal sanctions for fraud.
Regarding marriages of convenience with foreigners, article L 623-1 of the Code on entry and stay of foreigners and right of asylum: ‘the
fact of contracting a marriage or recognizing a child for the sole purpose of obtaining a residence permit or an entitlement to protection
against removal, or for the sole purpose of acquiring French nationality is punishable of five years of imprisonment and a 15 000 Euros
fine.’
The embassies and consulates which are responsible for issuing visas can thus refer to the Prosecuting Attorney. In any case, embassies
and consulates will refuse the visa if they suspect a marriage of convenience.
In case of suspicion of marriage of convenience once the foreigner has obtained a residence permit, prefectures can refer to the
Prosecuting Attorney, and if the latter cancels the marriage, they can remove the residence permit from the foreigner who is the ex-spouse
of a French citizen.
Germany
Yes
For the subsequent immigration of a spouse from a foreign country, the German diplomatic representation will issue the national visa
necessary for this purpose, to which the aliens’ authority in the respective future place of residence must give its agreement. Once the
subject has entered the country, the aliens’ authority will issue the corresponding (temporary) residence permit. The subsequent
immigration of a spouse is not permitted if (1.), it has been established that the marriage was entered into solely for the purpose of
procuring for the party who is subsequently migrating a right of residence within Germany, or (2.), if there is actual evidence to justify the
assumption that one of the spouses in question was coerced into entering into the marriage (Section 27, para. 1a of the Residence Act). As
proof of the legitimacy of this marriage in this respect, therefore, the production by the relevant parties of official documents, preferably
documents confirming his/her civil status; will as a matter of principle be requested by the aforementioned authorities. A request may also
be made for the relevant parties to provide a translation of the documents in question by a suitable person. The authenticity of the
documents must be substantiated in the form stipulated in the international interchange of documents. As regards which documents will be
requested in each concrete individual instance, this will be decided by the relevant authority at its own discretion. In respect of the
production of the necessary documents and of any other documents, the alien is under an obligation to cooperate, and a failure to produce
such documentation will therefore count against him or her (Section 82, para. 1 of the Residence Act).
Given that not only, in respect of the subsequent immigration of a spouse, is the formal existence of the marriage a precondition, but so
too is the intention of both parties to the marriage to cohabit, in this respect too the aforementioned authorities must also establish the facts
of the case. To this end, they may collect information to whatever extent is suitable and necessary, and may demand that the parties to the
marriage furnish proof in respect of the fact that they are leading their lives jointly (by means of bank documents and other contract
documents, or other joint commitments or activities). The relevant parties may even, whilst having respect for the most intimate and
private area of the couple’s life, be interrogated in respect of their joint living arrangements (how their daily routine is organised, for
example, and – if applicable – in respect of how their children are cared for and how other obligations are divided up). As might be
expected, the couple will undergo such interrogations separately, and in the event that the spouse who wishes to follow his or her partner
to Germany is still in a foreign country, the relevant interrogation will be carried out at the German diplomatic representation there, and
this will take place as contemporaneously as possible to the interrogation of the other spouse by the aliens’ authority inside Germany.
5 of 3
EMN Ad-Hoc Query: Verification of legality and genuineness of marriage & validation of paternity
Disclaimer: The following responses have been provided primarily for the purpose of information exchange among EMN NCPs in the framework of the EMN. The contributing
EMN NCPs have provided, to the best of their knowledge, information that is up-to-date, objective and reliable. Note, however, that the information provided does
not necessarily represent the official policy of an EMN NCPs' Member State.
In the event that the marriage is only intended to take place inside Germany, then the relevant registrar must be provided with the
necessary documentation of civil status. Should the registrar harbour any suspicion that it may be the intent of the relevant parties to enter
into a sham marriage, then he may likewise question them in person and separately (Section 13 of the German Personal Status Act). The
documentation to be produced will routinely also include a certificate of no impendence to enter into a marriage, which may only be
dispensed with if a determination to that effect is passed by the regional appeal court (Section 1309 of the German Civil Code).
Should it emerge that the marriage in question is a sham marriage, then the residence document in question, having been issued only on
the basis of malicious deception or of false information, may be revoked by the German diplomatic representation or aliens’ authority that
issued it (Section 48 of the Administrative Procedures Act). The deliberately false statements made in order to procure, either for the
individual making them or for another, a residence document, constitute an offence punishable with a custodial sentence of up to three
years or with a fine (Section 95, para. 2, no. 2 of the Residence Act). Furthermore, this offence also constitutes grounds for expulsion, at
the discretion of the relevant aliens’ authority (Section 55, para. 2, no. 2 of the Residence Act).
Greece
Yes
According to P.D. 131/2006, the first authorities, which are responsible to ascertain the family bond, are the Greek consulates by
conducting personal interviews with the family members and by taking into account the relevant certificates of family status that family
members present to the authorities. This is obligatory in order to the family members acquire a special visa for family reunification and
enter Greece along with a valid passport. However, for family members of E.U. and Greek citizens only a Schengen visa (on valid
passport) is required.
After entering the country they must apply for a residence permit. The competent authorities for the issuance of residence permits also
conduct personal interviews with the sponsor and the family members. In addition, for the issuance of residence permits for family
reunification TCNs must submit, inter alia, a certificate of family status (translated and ratified by the competent Greek authorities) from
which the family relation is ascertained. If the immigration authority discovers that the marriage, the adoption or the recognition of
children have been concluded with the purpose to abolish the law or the certificate for the existence of family bond has been proven to be
forged by final court decision, the residence permit can be withdrawn. As far as family members of E.U. and Greek citizens is concerned,
the interview is not obligatory and only in cases that there is evidence of misuse of the right to family reunification (e.g. marriage of
convenience) it is conducted. A call for interview based on a subjective judgement is not allowed. Generally, the procedure of issuance of
residence permit to family members of E.U. and Greek citizens is easier and simplified.
Hungary
Yes
Where the purpose of entry and residence is family reunification, the third-country nationals may verify compliance with the requirements
set out in Paragraph d) of Subsection (1) of Section 13 (in this case, the purpose of family reunification) of the Act on Aliens with the
following:
a) birth certificate,
b) marriage certificate,
c) adoption document, or
d) other reliable means.
Any reference made in the Government Decree of the Act on Aliens to a registrar certificate shall also mean a similar or equivalent
6 of 3
EMN Ad-Hoc Query: Verification of legality and genuineness of marriage & validation of paternity
Disclaimer: The following responses have been provided primarily for the purpose of information exchange among EMN NCPs in the framework of the EMN. The contributing
EMN NCPs have provided, to the best of their knowledge, information that is up-to-date, objective and reliable. Note, however, that the information provided does
not necessarily represent the official policy of an EMN NCPs' Member State.
document issued by a foreign authority. Family relationship for the purpose of reunification with a person with refugee status may be
verified by any reliable means.
Unless otherwise prescribed in this Act, new residence permits or the extension of existing ones shall be refused, or if already issued shall
be withdrawn from third-country nationals:
a) who fail to comply with either of the requirements set out in Paragraphs a), c)-h) of Subsection (1) of Section 13 (point d) is the purpose
of entry and stay in this case the family reunification)
b) who have disclosed false information or untrue facts to the competent authority in the interest of obtaining the right of residence;
c) who suffer from any disease that is considered to constitute a threat to public health, and who refuse to submit to the appropriate
compulsory medical treatment, or who fail to abide by the Hungarian health regulations while staying in the territory of the Republic of
Hungary;
d) who established the family relationship solely for the purpose of obtaining a residence permit on the grounds of family reunification.
As a general rule, the Office of Immigration and Nationality is the competent authority to examine the application for residence permit.
Also it is the responsible authority for prolonging and withdrawing the residence permit.
Concerning the means to verify the genuineness of a marriage or a proclamation of paternity, the Act CXL of 2004 on the General Rules
of Administrative Proceedings and Services applies. The following rules are important when it comes to verifying official documents:
according to paragraph 52, the authority, for establishing the relevant facts of the case, may request to present some document or other
instrument, and may contact another organ in an attempt to obtain them. An authentic instrument made out abroad, and any private
document certified by a foreign court, administrative body, notary public or any other person vested with authenticity shall - unless any
legal regulation pertaining to the case in question, an international agreement or the principle of reciprocity suggests otherwise - be
considered affirmative proof according to Hungarian laws if endorsed by the Hungarian foreign mission in the country where it was
issued. Any instrument made out in a language other than Hungarian shall be accepted only with the official translation attached, unless
otherwise prescribed by any legal regulation pertaining to the type of case in question. Unless otherwise provided by law, the authority
may request for its proceedings the official translation of an official document made out in a language other than Hungarian, and the client
may offer a statement concerning a fact that is to be verified in place of a document that may be unreasonably difficult to obtain. In such
cases the client has to be advised concerning the legal consequences for making a false statement. When it comes to verifying the legality
of genuineness of a marriage, according to paragraph 51 personal hearing can be undertaken and according to paragraph 56, the authority
may conduct inspection if it is necessary for the clarification of the facts. In practice, this latter means that the officer can visit the place of
residence in order to verify that the cohabitation exists.
Ireland
Yes
This answer is based on the implementation in Ireland of the provisions on Directive 2004/38/EC of the European Parliament and of the
Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of
the Member States.
Directive 2004/38/EC is transposed into Irish law via the European Communities (Free Movement of Persons) (No.2) Regulations 2006
7 of 3
EMN Ad-Hoc Query: Verification of legality and genuineness of marriage & validation of paternity
Disclaimer: The following responses have been provided primarily for the purpose of information exchange among EMN NCPs in the framework of the EMN. The contributing
EMN NCPs have provided, to the best of their knowledge, information that is up-to-date, objective and reliable. Note, however, that the information provided does
not necessarily represent the official policy of an EMN NCPs' Member State.
(S.I. No. 656 of 2006) as amended by the European Communities (Free Movement of Persons) (Amendment) Regulations 2008.
If a Third Country National is seeking to enter and reside in Ireland on the basis of a marriage to an EU citizen who has exercised the right
of free movement in accordance with Directive 2004/38/EC the following documents are required to support the TCN's application for EU
Treaty Rights:
•
•
Evidence of Identity: For a TCN, a valid passport)
Evidence of Relationship to the EU National:
- Marriages - a Civil Marriage Certificate.
- Child (under 21) of the EU National - Birth Certificate and letter of consent from other parent/legal guardian of child
with copy of passport
of other parent/legal guardian where appropriate.
- Child (under 21) of the TCN: Birth Certificate; Civil Marriage
Certificate for the marriage between the EU
national and their spouse and letter of consent from other parent/legal guardian of child with
copy of passport of other
parent/legal guardian where appropriate.
•
•
Evidence of Residence in the State: Evidence of a rental agreement (e.g. letter from landlord or a rental contract) or proof of
home ownership (e.g. letter from mortgage provider or local authority), or other satisfactory proof of residence and current
bank statements for both EU national and the TCN.
Evidence of current activities of the EU citizen: Proof of employment, self-employment or self-sufficiency.
If the Third Country National comes from a country in relation to which a visa is required to enter Ireland, this visa has to be obtained
prior to entering the State to accompany or join the EU national.
Investigations
The Irish Naturalisation and Immigration Service, which is a division of the Department of Justice, Equality and Law Reform, is based in
Dublin and maintains a central database of application for residence cards issued under Directive 2004/38/EC. Such applications are
processed centrally in the Irish Naturalisation and Immigration Service. The central database facilitates the identification of family
relationships, the history of applicants and trends in the applications.
A Review and Investigation Unit was established in January 2009 to (a) process requests for a review of a refusal decision and (b) to
investigate cases where the bona fides of a marriage/partnership or family relationships are suspect. Where abuse of rights is suspected,
the file is referred to the Garda National Immigration Bureau (police) for further investigation. The immigration service also co-operates
with the Registrar of Marriages in identifying suspicious trends.
Latvia
Yes
Documents for obtaining a temporary residence permit in case of family reunification TCN should submit outside of Latvia and Schengen
area (unless s/he resides in some Schengen country with valid residence permit);
8 of 3
EMN Ad-Hoc Query: Verification of legality and genuineness of marriage & validation of paternity
Disclaimer: The following responses have been provided primarily for the purpose of information exchange among EMN NCPs in the framework of the EMN. The contributing
EMN NCPs have provided, to the best of their knowledge, information that is up-to-date, objective and reliable. Note, however, that the information provided does
not necessarily represent the official policy of an EMN NCPs' Member State.
Marriage certificate should be legalized;
An interview is carried out in case if there is a ground to assume that the marriage has been concluded with the sole purpose to obtain a
residence permit. The interview is organized simultaneously in Latvian embassy (TCN) and Office of Citizenship and Migration Affairs
(for a spouse who resides in Latvia).
Lithuania
Yes
According to the Lithuanian legislation, one can refuse to issue or replace a residence permit or an already issued temporary residence
permit can be withdrawn, if there are serious grounds to believe that a marriage of convenience, a registered partnership of
convenience or a fake adoption have been concluded.
The minister of interior has approved by his order a list of criteria for determining whether the marriage, the registered partnership or the
adoption are fictitious.
The authority which takes the decisions to issue, renew residence permits on the grounds of family reunification or to withdraw temporary
residence permits issued on this ground is the Migration department under the Ministry of the Interior. Other institutions involved in this
process are police migration units and Lithuanian consulates. Other state institutions, if they have any information that the marriage, the
registered partnership or the adoption is fictitious, may also inform the police migration units or the Migration department, but they are
not obliged to do so by the law.
At the moment, state institutions are considering the possibility to amend the Criminal Code and to establish a penal responsibility for
concluding a marriage of convenience.
1. If the Migration department or a police migration unit suspects that the marriage or the registered partnership is fictitious, the public
servants organise a written interview of both partners, they can also interview the neighbours of the partners or their parents, or their
common friends and acquaintances who live in Lithuania. If the partners are abroad, the Migration department asks the Lithuanian
consulate to conduct the interview.
Refusal of the partners to participate at the interview is considered to be a serious ground to believe that the marriage or the registered
partnership is fictitious.
Malta
Yes
The Department for Citizenship and Expatriate Affairs within the Ministry of Foreign Affairs and the Immigration Police are entrusted
with the process of legalising, verifying and initiating the process of a residence permit. When the marriage involves a foreigner with a
Maltese citizen, wherever there is doubt that such marriage might be one of convenience, checks are carried out. Interviews are held
separately with the couple and if further doubt exists further investigations are carried out consisting of discreet enquiries and home
checks. (As per Council resolution).
The Ministry of Foreign Affairs is in particular responsible for the legalisation of a document. If a marriage takes place abroad, the
9 of 3
EMN Ad-Hoc Query: Verification of legality and genuineness of marriage & validation of paternity
Disclaimer: The following responses have been provided primarily for the purpose of information exchange among EMN NCPs in the framework of the EMN. The contributing
EMN NCPs have provided, to the best of their knowledge, information that is up-to-date, objective and reliable. Note, however, that the information provided does
not necessarily represent the official policy of an EMN NCPs' Member State.
Ministry of Foreign Affairs or any appointed body of that country must first legalise the marriage documents. The document must be then
translated to English by a recognised translator in Malta. Subsequently, the Ministry of Foreign Affairs legalises the translation of the
document.
Poland
No
This EMN NCP has provided a response to the requesting EMN NCP. However, they have requested that it is not disseminated further.
Portugal
Yes
European Union citizens and their families have the right to move and reside freely in the national territory, under Act nº 37/2006, of 9th of
August, transposing Directive 2004/38/EC. Under this Act, “family member” includes the spouse of a citizen of the European Union or
the partner with which the citizen of the Union lives in de facto union, as defined according to law, or the partner with which the citizen of
the Union maintains a permanent and duly certified relationship by the concerning authority of the Member state where he/she resides.
Family members who haven’t the nationality from a Member State are also entitled to reside in the national territory for more than three
months if accompanying or joining a citizen of the Union. To EU third country nationals family members a residence card is issued (and
not a temporary residence permit, addressed to TCN immigrants only), according to the national law and Directive 2004/38/EC.
If a marriage was not celebrated before the Portuguese authorities (internal or consular), the wedding certificate should be transcribed to
Central Registry to produce legal effects in the national legal system. In principle, short term visas (for TCN persons married with UE
citizens) would be issued after those transcriptions only.
Just when a serious suspicion of fraud occurs a investigation/ inquiry is open, on the ground of the crime of sham marriage. At this stage,
the procedure for residence card is, in principle, suspended. If it is the case, the criminal court decision is send to the Central Registry to
promote the marriage annulment.
Slovak Republic
Yes
If a third country national marries a Slovak citizen and wants to enter the Slovak Republic for the purposes of family reunification, this
third country national has to submit in person an application for residence permit at the Embassy of the Slovak Republic abroad. Part of
the application is also the superlegalization of a marriage certificate at the Embassy of the Slovak Republic. The Embassy of the Slovak
Republic is a first key institution undertaking the interview with the foreigner on various aspects of the common life of the couple and
assesses the situation. The Embassy is also sending an information note (with the positive or negative recommendation) to the relevant
Aliens Police Department in the assumed place of residence of the foreigner.
- the foreigner can apply for the permanent residence permit in person also at the respective Aliens Police Department
- as part of the application for residence permit, marriage certificate issued by the special Register Office in Bratislava has to be issued
- the Alien Police Department is undertaking following steps: interview with the both spouses separately, minutes from both interviews
are then compared and evaluated. Controls in the place of residence, in the work and municipality are undertaken.
- in the Act on Stay of Aliens, there are provisions which enable to reject the application for residence permit or to cancel the residence
permit if the marriage is proved as marriage of convenience.
10 of 3
EMN Ad-Hoc Query: Verification of legality and genuineness of marriage & validation of paternity
Disclaimer: The following responses have been provided primarily for the purpose of information exchange among EMN NCPs in the framework of the EMN. The contributing
EMN NCPs have provided, to the best of their knowledge, information that is up-to-date, objective and reliable. Note, however, that the information provided does
not necessarily represent the official policy of an EMN NCPs' Member State.
The authenticity of marriages between citizens of a Member State and third country nationals is verified through interviews prior to the
Spain
Yes
authorization or inscription of the marriage. If the marriage is to take place in national territory, the magistrate in charge of the Civil
Registry is responsible for hearing both parties separately, asking each detail about their life together and personal information, to
subsequently contrast this data. If the marriage has been celebrated in another country, in order for it to be valid in Spain it must be
registered in the Civil Registry, in which case competencies are held by the person in charge of the Consular Civil Registry or Central
Civil Registry.
The Prosecution Service always intervenes in these procedures and will issue an unfavorable report if there is any suspicion that the
marriage is of convenience.
When the marriage has been celebrated in another country, once the third country national spouse is registered in the Registry, this spouse
may enter national territory once the visa (if required) has been granted and with a valid passport. Once in Spain, this party must apply for
the Family Residence Card for EU citizens, which will be temporary until the fifth year. The competencies for its issue/processing
correspond to the Immigration Offices (or in the absence of these, to Police Stations). During procedures for granting the Card, personal
interviews may be held with the interested party if there are any doubts as to the fulfillment of the requirements.
In the event the marriage disappears or is dissolved, the third country national spouse has six months to inform the Immigration Office and
present certification which allows for obtaining an independent residence permit. Otherwise, if no certification as to the continuity of the
marriage is provided and a change in the personal or family circumstances of the applicant (1) are not notified, when the time for renewing
the residence card comes, it will not be renewed and the interested party may become illegal.
(1) Article 52. Minor violations.
Minor violations include:
Omission or delay in notifying Spanish authorities of changes in nationality, civil status or address, as well as other decisive circumstances
concerning one’s laboural situation when these are required by legislation in effect.
Also in the new Article 53 on serious violations if the omission is deliberate.
Sweden
Yes
The main rule is that applications for permits must be lodged and granted prior to entry into Sweden.
The mission abroad must perform an oral investigation with applicants for residence permits who are spouses, de facto spouses and
registered partners of sponsors in Sweden. An investigation with the sponsor in Sweden will be performed by Migration Board. The
investigations normally focus on the marriage/relationship and the forms under which it was entered into, where and how long the partners
have lived together (if applicable), authenticity of the marriage certificate and other documentation, etc.
The sponsor residing in Sweden should register the marriage with the National Tax Agency. According to the 1904 Act on Certain
International Legal Relationships Concerning Marriage and Guardianship, ch 1 § 8 a, marriages under foreign law are not recognised in
Sweden if the marriage would have been illegal under Swedish law as of the date of the marriage and at least one of the parties was a
Swedish citizen or residing in Sweden or that it is likely the marriage was entered into under duress.
11 of 3
EMN Ad-Hoc Query: Verification of legality and genuineness of marriage & validation of paternity
Disclaimer: The following responses have been provided primarily for the purpose of information exchange among EMN NCPs in the framework of the EMN. The contributing
EMN NCPs have provided, to the best of their knowledge, information that is up-to-date, objective and reliable. Note, however, that the information provided does
not necessarily represent the official policy of an EMN NCPs' Member State.
The right to a residence permit for spouses, de facto spouses and registered partners may be restricted in that residence permits may be
denied in certain specified situations (Aliens Act, ch 5 § 17 a and 17 b). Residence permits may be denied for example if there is a
marriage of convenience or sham relationship, the parties do not intend to live together (separate abode), polygamy, forced marriage or
marriage to a person under age 18.
United Kingdom
No
This EMN NCP has provided a response to the requesting EMN NCP. However, they have requested that it is not disseminated further.
Wider
2. How do Member States validate a proclamation of paternity? Is paternity verified in any way in connection with family unification
Dissemination? residence permits and what powers do Immigration authorities have in terms of suspecting fraud?
Austria
No.
This EMN NCP has provided a response to the requesting EMN NCP. However, they have requested that it is not disseminated further.
Belgium
Yes
A blood-relation is not necessary to become the legally recognized father in Belgium. Paternity is validated on the basis of a declaration
by both parents of paternity before the local administration. If the registrar suspects fraud, he can inform the public prosecutor, who can
launch an investigation. The recognition of paternity can be annulled by the Court of First Instance when it is judged that the recognition
is contrary to ‘Belgian national and international public order’. For investigation (also DNA-testing) for family reunification from a third
country: see ad-hoc query HU 14 August 2009.
Czech Republic
No
This EMN NCP has provided a response to the requesting EMN NCP. However, they have requested that it is not disseminated further.
Estonia
Yes
In Estonia, paternity is validated on the basis of a proclamation of paternity by both parents before a Vital Statistics Department or if a
father wants to prove his paternity, he can go to court to prove it. In Estonia, it is also very difficult to prove any fraudulent intentions
related to family reunification residence permits.
Finland
Yes
The paternity is verified and registered by the city administrative court and the registration is made either based on the acknowledgement
of paternity or the decree of court (if father denies to acknowledge the paternity). There is a presumption of paternity if mother and father
are married when the child is born.
Even though the paternity is verified the residence permit is not automatically granted if the father has no actual intention to family life
with the child or he has not the custody of the child. The Immigration Service investigates this intention with above mentioned
questionnaires and personal interviews.
The residence permit is also denied if the documents concerning the paternity are suspected to be forged.
12 of 3
EMN Ad-Hoc Query: Verification of legality and genuineness of marriage & validation of paternity
Disclaimer: The following responses have been provided primarily for the purpose of information exchange among EMN NCPs in the framework of the EMN. The contributing
EMN NCPs have provided, to the best of their knowledge, information that is up-to-date, objective and reliable. Note, however, that the information provided does
not necessarily represent the official policy of an EMN NCPs' Member State.
The Immigration Service may provide the residence permit applicant an opportunity to prove his biological relationship with DNA
analysis paid from State funds if no other evidence of family ties is available.
France
Yes
In France, a proclamation of paternity is validated when the father provides certified document stating vital data proving the children he
declares have been registered at birth as his own children. Regarding adopted children, the father must provide the court’s decision.
Within the framework of family reunification, the father must provide the same official documents. Indeed, the diplomatic and consular
authorities require, in order to issue visas, certified document stating vital data or the exact references of the civil registry held by the city
council (for verification) or, in case of adoption, the court’s decision. In case of doubtful authenticity of these documents, there is
verification and possible refusal of visas.
The French system does not require DNA tests for a person to become a legally recognized father. This makes it difficult to prove any
fraudulent intentions related to family unification residence permits.
Germany
Yes
Likewise, in accordance with section 27, para. 1a of the Residence Act, a sham paternity or a sham adoption will also rule out the
possibility of a residence document being issued. In respect of the production by the relevant parties of documentation for the
substantiation of the family relationship in question, therefore the statements provided in the answer to question 1 will correspondingly
apply. Furthermore, in the event of an inter-country adoption, the issue of whether or not this is capable of being recognised under the
civil law of Germany needs to be examined.
In the event that a claim of a biological lineage is being made, then – in particular in countries in which the documentation is unreliable –
it is possible for the German diplomatic representation or the aliens’ authority, with a view to the substantiation of this lineage, to
recommend that the relevant parties obtain a genetic certification of parentage. The necessary saliva sample will in such instances be
obtained, in the foreign country in question, under controlled circumstances by an independent medical examiner commissioned by the
relevant diplomatic representation or by some other method, and will be checked by some suitable institute within Germany; the costs will
be borne by the affected parties themselves.
The authority nominated as responsible for this procedure by the respective German Federal Region will have the right to challenge any
assertion of paternity in the family court (Section 1600, para. 1, no. 5 of the German Civil Code). In order to apply for such a procedure to
be initiated, it will be sufficient for there to be a well-founded initial suspicion to the effect that neither a biological lineage nor a socialfamilial bond exists between the child and his or her father. The decision in respect of the issuing of residence document will then be
deferred until the conclusion of the procedure, or until the decision taken by the court comes into force (Section 79, para. 2 of the
Residence Act). When making its decision in respect of a right of residence, the aliens’ authority will be bound by the conclusion(s)
reached by the court.
Greece
Yes
As far as the validation of paternity in the framework of family reunification is concerned, this is ascertained by the relevant certificate.
No other checks are conducted (i.e. DNA test). If the authorities have a suspicion that the certificate is forged they can communicate with
13 of 3
EMN Ad-Hoc Query: Verification of legality and genuineness of marriage & validation of paternity
Disclaimer: The following responses have been provided primarily for the purpose of information exchange among EMN NCPs in the framework of the EMN. The contributing
EMN NCPs have provided, to the best of their knowledge, information that is up-to-date, objective and reliable. Note, however, that the information provided does
not necessarily represent the official policy of an EMN NCPs' Member State.
the relevant embassy to certify its genuineness. In case that they have evidence that the certificates are not original the authorities send the
file to the State prosecutor for further investigation. In cases of child birth outside the marriage, the recognition of the child from the father
is possible with a deed of recognition or after a court decision (after a DNA test) if he refuses that the child is his.
Hungary
Yes
[See above.]
Ireland
Yes
[See above.]
Latvia
Yes
Latvia has not come across many cases where a fraudulent paternity would be involved. There has been just one case where “wrong”
mother was registered in order to get citizenship for a child. Birth certificate should be legalised but no other measures are taken in order
to prove the relationship.
Lithuania
Yes
If the Migration department or a police migration unit has a ground to believe that a fictitious adoption took place, they conduct a written
interview of the parents of the child. If a parent is abroad, the Migration department asks the Lithuanian consulate to organise the
interview. The responses to the questionnaire are the basis for making a decision on whether the adoption is fictitious.
So far we haven’t had such cases.
In addition, according to the Civil Code, prosecutors have the right to address the court in order to annul a fictitious marriage or to end a
guardianship/custody, if it is in the best interests of the child.
Malta
Yes
The notification section at the Civil Registration Department at the Public Registry in Malta validates the proclamation of paternity of a
newly-born child born in Malta in the following way :
a) When a child is born in marriage, a child is registered under the paternity and maternity of the marriage. The Civil Registration
Department verifies that the couple is actually married and that this marriage is registered in Malta.
Whenever a Maltese or a foreign couple is married abroad and their marriage is not registered in Malta, they have to present either their
foreign marriage certificate or a letter of proof from their embassy that the couple is actually married. This document is attached to the
original act of birth.
b) As for an unmarried couple, authorities accept the paternity and the maternity of the couple with the fact that the act of birth of the child
is duly signed by both the father and the mother of the child.
(n.b. the father must have 18years of age on the day of registration of the act of birth of the child)
c) in case of the registration from illegal immigrants (example from those people coming from countries like Sudan, Ethiopia, Eritrea, etc.)
the parents of the baby have to get a sworn certification from the Maltese Courts of Justice, whereas they declare that they are either a
married couple or an unmarried couple. This sworn declaration is attached to the original act of birth. Also in this case, both the father and
the mother have to sign the act of birth of their new born child.
14 of 3
EMN Ad-Hoc Query: Verification of legality and genuineness of marriage & validation of paternity
Disclaimer: The following responses have been provided primarily for the purpose of information exchange among EMN NCPs in the framework of the EMN. The contributing
EMN NCPs have provided, to the best of their knowledge, information that is up-to-date, objective and reliable. Note, however, that the information provided does
not necessarily represent the official policy of an EMN NCPs' Member State.
When fraud is proven the person is divested of all rights emanating from such a simulated relationship.
Poland
No
This EMN NCP has provided a response to the requesting EMN NCP. However, they have requested that it is not disseminated further.
Portugal
Yes
In family unification process framework, when serious suspicions of fraud occurs, AND tests could be required in order to clarify
someone’s identity. The aim of these tests is to help defining one identity and is not a process of proclamation of paternity.
Slovak Republic
Yes
In the Slovak Republic the paternity is acknowledged following the affirmative statement of both parents in front of the Register Office or
Court. In connection to the residence permit in the Slovak Republic it is not possible to issue a permanent residence permit to the foreigner
who claims reunification with a minor child (only temporary residence permit is possible).
Spain
Yes
The scheme for the acknowledgment of paternity in Spain varies depending on whether it is in or outside marriage. In the first, the
presumption of paternity exists within certain conditions, while in the second; a declaration on behalf of the father is required. In any
event, there are always proceedings and the latter case, which may lead to more false acknowledgments, implies the participation of the
Magistrate and the Prosecution Service. It must be pointed out that the principle of biological veracity governs parentage in Spanish civil
law in such a way that parentage may not be declared when it is proven that the interested party is not the biological child of the supposed
parent.
When the Prosecution Service considers a declaration of paternity to be fraudulent, it may bring an action for annulment unto the civil
jurisdiction. In any case, if the acknowledged parentage is annulled, the Family Residence Card for EU citizens will not be renewed.
Sweden
Yes
The right to family reunification is an important element of Swedish legal tradition. Proving the applicant’s identity is one of the
prerequisites for upholding the principle of keeping families together and for granting residence permits for family reunification. Another
is that there is documentation supporting purported kinship between the applicant abroad and the personal connection in Sweden. This can
often be accomplished by having the applicant show various documents such as a birth certificate, extract from the population registration
and identification documents. But circumstances such as inadequate population registration in the applicant’s country of origin can
sometimes make it impossible to acquire such documents. Experience also shows there is often reason to doubt the reliability of
documents shown by applicants in several countries from which there is significant emigration to Sweden. One such measure is to use
DNA analysis as part of the permit consideration in certain cases.
According to the Aliens Act (2005:716), chap. 13 § 15, the Migration Board must, in certain cases involving residence permits on the
grounds of family ties, give the applicant and the family tie the opportunity to have DNA analysis performed to verify the purported
biological kinship if the rest of the kinship investigation does not suffice to allow a residence permit to be granted and it is not obvious
that the purported kinship does not exist. DNA analysis does not have to be offered if the Board decides the application should be rejected
for reasons other than inadequate proof of kinship. The legal rule also states that DNA analysis may only be performed if the person to be
examined has been informed of the purpose of the analysis and has given written consent. The Swedish government pays the costs of
15 of 3
EMN Ad-Hoc Query: Verification of legality and genuineness of marriage & validation of paternity
Disclaimer: The following responses have been provided primarily for the purpose of information exchange among EMN NCPs in the framework of the EMN. The contributing
EMN NCPs have provided, to the best of their knowledge, information that is up-to-date, objective and reliable. Note, however, that the information provided does
not necessarily represent the official policy of an EMN NCPs' Member State.
sample collection, transport and analysis.
According to the Aliens Act, ch 7 § 1, a decision to withdraw a permit is permitted if the alien has e.g. knowingly provided false
information or deliberately withheld information about circumstances pertinent to the assessment of the application.
United Kingdom
No
This EMN NCP has provided a response to the requesting EMN NCP. However, they have requested that it is not disseminated further.
************************
16 of 3