Marriage of convenience in Malta : a thing of the past?

Abstract

The institution of marriage has long presented challenges to the control of migration in Malta through what can be referred to as the phenomenon of ‘marriage of convenience’, which, for the purposes of this thesis, refers to marriage entered into between a Maltese national and a third country national to confer an immigration advantage on the non-EU spouse that he or she would not otherwise be able to enjoy. An appreciation of the subject of the study cannot be gained without first acquiring an understanding of the institution of marriage and the valid constitution thereof, which is lacking in a marriage of convenience. This is owing to the fact that the sole intention behind its contracting is that of achieving a purpose completely extraneous to matrimony. What follows is an analysis of the motivations behind such marriages being either the acquisition of a right of entry, residence, work or freedom of movement in Malta or Maltese citizenship status. The manner in which such immigration rights could be obtained on the strength of false matrimonial ties and the rationale for opting to abuse of the fundamental human right to marry instead of making use of the legal channels designated for their acquisition, is also examined. The study finally assumes a comprehensive review of the legislative reform introduced to curb this abuse as well as the preventive and punitive measures adopted in practice during the different stages of the marriage so as to investigate whether these amount to a sufficient deterrent, and if not, whether their shortcomings necessitate further reform.