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A fictitious marriage is the conclusion of a marriage with obviously selfish intent without the desire to create a full-fledged family.
There is a fairly widespread opinion that a fictitious marriage concluded with a Russian citizen is an opportunity to automatically obtain Russian citizenship.
This is actually an incorrect statement. The current legislation of the Russian Federation does not provide for a method of obtaining Russian citizenship through marriage.
How much does a fictitious marriage cost?
It is quite difficult to determine the cost of concluding a fictitious alliance in Russia in general and in Moscow in particular. According to statistics, about 10,000 fictitious unions are concluded in Moscow every year. The cost of such a service can range from 100,000 rubles to 10,000 conventional units.
As a rule, the cost of the union increases in cases where the agreement involves additional services (for example, registration in the partner’s apartment). A fictitious marriage is quite often used to obtain Russian citizenship, the right to reside in the country and the ability to move around the state without regard to the work of migration services.
Consequences for immigrants
A sham marriage is a federal crime. The discovery of fraud can have both civil and criminal consequences for the immigrant, as well as criminal consequences for the US citizen or permanent resident applicant. For immigrants, fraud negates the benefits of U.S. citizenship and can lead to deportation. Additionally, the fraud will remain on the person's immigration record, making it virtually impossible to obtain any future US visa or green card.
Consequences of a fictitious marriage
A sham marriage is an illegal act. However, the current legislative norms of the Russian Federation do not provide for criminal consequences.
If the union is recognized as fictitious, the marriage is simply dissolved. In this case, all rights and obligations of the spouses that existed before the conclusion of the union are automatically returned.
All privileges that the fictitious marriage gave to the parties are automatically taken away. Judicial practice suggests the following consequences:
- The procedure for obtaining Russian citizenship and registering an individual is considered null and void.
- If there is an admission of guilt by both parties, all property acquired in a fictitious marriage is divided equally between the parties to the transaction.
- If one of the parties can prove its ignorance regarding the selfish intentions of the fictitious spouse, the interested person has the right to file a claim in court in order to receive moral and material compensation.
- If a fictitious marriage was concluded for the purpose of obtaining Russian citizenship, the parties participating in the union face the application of the norms provided for by the current legislation in the field of illegal migration (Part 1 of Article 322.1 of the Criminal Code of the Russian Federation).
Instead of an epilogue
They say risk is a noble cause. Maybe. But it’s better not to rush and compare a fictitious marriage with more legal and safe methods of migration, which are even more expensive and take longer to obtain citizenship. It is generally important to decide for yourself whether you are ready for possible imprisonment for an indefinite period if events develop according to a negative scenario.
This is also important to know:
How to properly organize and hold a wedding abroad?
Additionally, the reader may be interested in the topic: grounds for invalidating a marriage.
Liability of a fictitious marriage
Judicial practice does not provide for criminal liability for concluding a fictitious marriage. The consequences of entering into a fictitious marriage can become criminal only in the following cases:
- There is a suspicion that the mechanism of a fictitious marriage was used to commit a crime (including terrorist acts). The criminal, through marriage, was actually legalized on the territory of the country and received registration (citizenship), which significantly simplified the possibility of committing a crime on the territory of the state. It should be noted that knowledge or ignorance of the intentions of the actual spouse is not taken into account by the court - the spouse is automatically considered an accomplice in the crime.
- Fictitious marriage was used to commit corruption, fraud, illegal acquisition of property and enrichment.
What it is
A fictitious marriage is a procedure for officially registering a relationship between a man and a woman for selfish purposes. Such unions are recognized as illegal and, if fraud is discovered, are immediately subject to termination. To enter into a fictitious marriage, a couple comes to the registry office and goes through the standard registration procedure. After this, she can only create the illusion of family life, so as not to attract the attention of the competent authorities.
All fictitious marriages to obtain Russian citizenship have their price. A more common practice is when a foreign man pays a woman a pre-agreed amount to register her marriage with him. In Russia, the mere fact of a foreigner marrying a Russian resident does not entail the right to obtain citizenship. The presence of family relationships only simplifies the procedure for obtaining citizenship. To do this, certain conditions must be met.
- The duration of a registered marriage must be at least three years.
- At the time of marriage, one of the spouses must already be a citizen of Russia.
- By the time the full package of documents for registration of citizenship is submitted, the marriage should not be in the process of dissolution.
Family relationships with a Russian citizen reduce the period of compulsory residence in the country from five years to three. You will also have to wait much less for the government’s decision to grant citizenship than when registering on a general basis. The period for consideration of the application cannot exceed six months, while for all others it is a year.
How legal is a fictitious union?
Entering into a fictitious marriage is currently not subject to criminal liability. The fact of the presence of selfish motives when formalizing relationships between people is established in court. In this case, all decisions that were the result of such a marriage are declared invalid. Consequently, one of the grounds for which Russian citizenship can be deprived is the recognition of a marriage between people as fictitious.
Modern analysts agree that the conclusion of fictitious marriages harms the entire economy of the country. This leads to an increase in the flow of migrants to Russia, which provokes a shortage of jobs. Therefore, it is possible that measures will soon be taken to tighten the measures of influence and responsibility of both parties for concluding a “fake” marriage union.
Fictitious marriage to obtain citizenship: Video
How to prove that a marriage is fictitious
Recognizing a marriage as fictitious is exclusively a judicial prerogative. If the party who entered into the union was not aware of the fictitiousness of the marriage, he has the right to file a claim to annul the union.
The following facts can be used as evidence:
- Correspondence between partners.
- Contracts entered into during marriage.
- The actual reluctance of one of the parties to live together with the spouse.
- Reluctance to run a joint household.
- A marriage can be annulled if one of the parties is not of legal age to enter into a union.
It should be noted that a union can be annulled as fictitious only before the marriage has been officially dissolved. If the spouses divorce, the former union is automatically recognized as official and valid. Accordingly, the parties have the right to jointly acquired property.
Fictitious marriage with a foreigner
Most often, fictitious unions with foreign citizens are concluded due to the ignorance of one of the parties. The benefits of such an alliance often drown out the voice of reason. According to statistics, the most common reasons for entering into a fictitious marriage are the following:
- The desire to obtain real estate for the purpose of subsequent sale.
- Assistance in traveling abroad to change your permanent place of residence.
- Possibility of obtaining registration and then citizenship.
- A fictitious marriage may be concluded in order to reduce or completely avoid military service.
- Conclusion of an alliance for the purpose of obtaining the right to temporary residence in the country.
- Entering into an alliance for the purpose of committing fraudulent activities, alienating property and enriching oneself.
Privileges for a foreigner married to a Russian citizen
When registering a marriage with a citizen of the Russian Federation, several advantages appear:
- Registration and citizenship are provided.
- Possibility of improving living conditions. There is a “young family” program through which you can get a mortgage on favorable terms. After payment, the housing can be sold and the funds divided. You can also leave the apartment to one of the spouses, who will reimburse the cost of the second’s share.
- Employment. Some firms give preference to family specialists.
- Receiving an inheritance. This is a rare reason, but sometimes some property can be transferred after the heir's marriage.
Because of these reasons, many foreigners want to obtain Russian citizenship. But since it entails many risks, it should be carefully considered before agreeing to such a procedure.
Read about registration and marriage with a foreigner in Russia on our website.
Recognition of a fictitious marriage as valid
In accordance with the provisions of Article 29 of the Family Code of the Russian Federation, there is a list of cases when a marriage union, initially concluded as fictitious, can be recognized as official and valid. This can happen if the following factors occur:
- Circumstances indicating the invalidity of the marriage union have disappeared (for example, spouses began to live on a joint territory and run a household).
- Spouses actually comply with the rights and obligations prescribed by current legislation.
- A marriage is automatically recognized as valid if during the union the spouses have a child together. This norm is provided for by the provisions of paragraph 3 of Article 29 of the Family Code of the Russian Federation.
It should be noted that the circumstances and factors described above must occur immediately before the judicial consideration of the litigation regarding the fictitiousness of the marriage union.
Fictitious marriage, how to prove it and what is the procedure?
Fictitious marriage, how to recognize it and what is the procedure? Only the court is authorized to recognize the fact of the invalidity of a marriage, and such a marriage will not entail absolutely no consequences, as in the case of a divorce.
The procedure for recognizing fictitiousness requires compliance with certain conditions prescribed in the Family Code of the Russian Federation. The most common among them are:
Marriage against the will of the spouses or one of them; if the person was under 18 years of age at the time of marriage; marriage with a person without legal capacity or partially capable, if the person is over 16 years old; marriage with a person who is incapacitated or has limited legal capacity.
A union of spouses formalized by law for the purpose of extracting material and personal benefits, acquiring some advantages and benefits from the state is usually considered a fictitious marriage.
Many famous personalities resort to such marriages in order to satisfy their desires. For example, the law provides for automatic acquisition of citizenship through marriage. This is something that Russians and migrants actively use.
According to many lawyers, registration of such marriages could lead to an uncontrolled influx of migrants from neighboring countries. Therefore, the legislation still provides for certain liability for entering into a marriage of convenience or in a fictitious way.
Fictitious marriage, how to document it?
The documentary procedure for registering the fact of the invalidity of a marriage begins with the submission of a corresponding demand to the court, as a result of which this transaction will be declared void, the registration record will be canceled and all legal consequences arising from the registration of a marriage of convenience will be terminated.
Persons claiming the right to demand that a marriage be recognized as fictitious in court may include:
a spouse whose rights have been infringed due to a marriage of convenience;
representative of the state prosecution represented by the prosecutor when entering into a marriage against the will of one of the parties;
guardianship and trusteeship authorities from the state or the prosecutor, as a result of entering into a marriage of convenience with a person who is under 18 years of age.
However, such a demand from one of the parties does not serve as a reason for the court to declare the marriage invalid if, at the time of consideration of the claim, there were no previously existing circumstances that prevented the marriage. The Court may also decide to leave such a demand unsatisfied, despite the marriage with a minor. Also, if the annulment of the marriage entails negative consequences in relation to the minor spouse, the court will leave the recognition of the fact of fictitiousness without satisfaction. The court can also refuse to satisfy the fictitiousness of a marriage if, as a result of such a marriage, a family in the traditional sense was created.
If the demand was nevertheless satisfied by the court and the marriage was declared invalid, then this fact is absolutely fair and will entail certain consequences. For example, regarding property acquired jointly by spouses, certain norms of civil law apply, that is, in the event of annulment of a marriage, the property becomes shared ownership and is not subject to division, and loses the status of property acquired jointly. And as to which of the spouses this property was registered in the name of, the law is of no interest.
The fate of children when the marriage is recognized as fictitious
And children born as a result of a marriage of convenience, recognized as such by a court decision, are endowed with the same rights and status as children born in a legal marriage. Moreover, the above circumstances cannot and should not be considered as a basis or reason for abandoning a child or non-recognition of paternity, or exempting him from paying alimony. The procedure for assigning alimony and determining the place of residence of such children is provided for in the norms of Family Law of the Russian Federation. And this procedure gives rise to the same consequences as in the case of dissolution of a legal marriage.
Why do they enter into a fictitious marriage?
As a rule, and often, fictitious marriages are entered into by mutual consent of persons, as mentioned above, in order to benefit both one and both spouses. But the exception is marriages concluded by deceiving one of the spouses by the other. A spouse whose rights are infringed due to the conclusion of such a marriage is called a bona fide spouse by deception. This spouse, unlike the dishonest one, is endowed with certain advantages. The status of bona fide can be assigned to one of the spouses only by a court based on the fact of invalidity.
Having received the status of a conscientious spouse by a court decision, the spouse can claim compensation for moral and material harm, and recovery from him of funds for his maintenance in the event of temporary and total disability. And also during pregnancy, and while caring for a child under three years of age or a sick child or disabled person. Demand in court to declare the marriage invalid in full or in part.
Fictitious marriage in other countries
One of the most stringent laws regarding the creation of fictitious unions is the German regulation. If a person who is not a German citizen obtains a residence permit or citizenship through marriage, upon establishing the truth, the court may sentence the offender to imprisonment for up to three years.
In order to prove the fictitiousness of the union, special searches and testing for knowledge of the spouse’s habits may be carried out. After serving the sentence, the citizen is deported from the country and receives a very long or lifelong ban on entry into any state that is part of the Schengen zone.
In the United States, entering into a fictitious union carries criminal liability. Punishment can range from deportation from the country to long-term imprisonment (up to five years in prison) followed by a very large fine.
Federal marshals and police officers specialize in verifying the facts of the fictitiousness of the union, analyzing denunciations from neighbors and acquaintances. During the inspection process, the spouses’ housing may be inspected in order to identify the fact of cohabitation.
Author of the article
Dmitry Leonov
Work experience 15 years, specialization - housing, family, inheritance, land, criminal cases.
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