Many migrants coming to our country wish to obtain citizenship. This is a long process and does not always lead to the desired result. When registering a fictitious marriage to obtain Russian citizenship, you need to take into account the negative outcome and know what kind of liability and fines there are for this.
There are legitimate and legal ways to obtain Russian citizenship using a simplified scheme without breaking the law. You can find out more and get advice from migration lawyers at Migron.ru
What is a fictitious marriage and why is it concluded?
As mentioned above, some categories of citizens consider it possible to enter into a fictitious marriage.
The Family Code deals with marriage in Chapter 3, which provides the conditions and procedure for formalizing the relationship between a man and a woman.
IMPORTANT! The concept of a fictitious marriage does not exist in Russian legislation. There are signs by which a legally concluded marriage will be recognized as fictitious |
Thus, a marriage entered into not for the purpose of creating a family, but only to achieve a certain goal, is fictitious and illegal on the territory of our country.
When concluding such a marriage, there can be two situations:
- Both men and women do not want to start a family, and official registration is necessary only for selfish purposes. In this case, they are both deliberately breaking the law
- One of the spouses firmly believes that there are real family relationships built on love, and the second knows exactly what benefits he wants to receive from such relationships. After the goal is achieved, the spouse in most cases simply disappears
It is worth considering that in the second scenario, in accordance with paragraph 2 of paragraph 4 of Article 30 of the RF IC, the legislation sides with the respectable spouse who really wanted to have a family.
A fictitious marriage can be concluded for many reasons. The most common of them:
- Obtaining permanent registration at the place of residence, as well as citizenship in a shorter period of time
- Obtaining the opportunity to obtain temporary residence
- Possibility to avoid or postpone military service
- Receiving property
- Performing fraudulent activities
A very important point is that in the event of a child being born in a fictitious marriage, such a union is recognized as legal .
This is stated in paragraph 3 of Article 29 of the RF IC. The same article establishes cases when it can be said that a fictitious marriage has become legal.
Concept
Foreign citizens register such a union for selfish purposes. It does not imply the creation of a full-fledged family, which is customary to perceive in the country.
This is done to obtain Russian citizenship. Couples register their relationship in the registry office, and then live as they were accustomed to before this event.
What are the risks of obtaining citizenship through a fictitious marriage? In Russia it is not considered a criminal offense. Therefore, it is widely believed that with the help of such a procedure, citizenship is easily issued in the Russian Federation.
But that's not true. If the marriage is proven to be fictitious, then adverse consequences will follow. The authorities will not impose criminal penalties, but the court will recognize all documents dependent on the marriage as invalid.
It turns out that there is a loss of citizenship, residence permit status, permanent residence (find out how to obtain a residence permit in the Russian Federation by clicking on the link).
The person who formalized such a marriage will be blacklisted and will not have the opportunity to obtain citizenship legally.
Is it worth doing this kind of marriage registration? In addition, the government plans to introduce criminal penalties in the future.
Read about obtaining Russian citizenship by marriage by clicking on the link.
Benefits from a fictitious marriage for a foreign citizen
Foreigners entering into a fictitious marriage are trying to get their own benefit from it. The consequences of recognizing a marriage as fictitious are extremely unpleasant for lawbreakers, but if everything goes according to plan, then several positive moments are expected for the foreigner.
In the event of marriage, a foreigner, in the shortest possible time and without any problems, receives permission to reside in Russia for a certain period of time. In this case, the foreign citizen will receive Russian citizenship in three years, and not in five years, like everyone else. This means that there will be freedom of movement throughout Russia, it will be possible to receive medical care, go to study or find a better-paid job.
As a result of marriage, a foreigner can take a different surname, obtain registration, or solve housing and everyday problems.
Another positive aspect may be the opportunity not to serve in the army in your homeland.
In addition, after marriage, a foreigner can receive a higher position in society and improve his standard of living.
However, most foreigners entering into a fictitious marriage are aimed at obtaining citizenship as quickly as possible.
In addition to foreigners, Russian citizens also benefit from entering into a fictitious marriage. Such a marriage is a way to quickly and easily get extra money. The service has its own price and varies depending on the region where the Russian citizen lives and the marriage is registered.
How is a fictitious marriage carried out?
The procedure here looks pretty simple:
- A citizen of Russia and a foreign person find each other (often the place of their meeting becomes a marriage agency that provides services of this kind, or thematic websites).
- They discuss all the details of the upcoming fictitious union (price , accommodation, duration of marriage, etc.).
- The couple acts traditionally: submits an application to the registry office and gets married after the allotted time.
In addition to the application, future spouses submit to the registry office the following documents:
- passports or other documents proving their identity;
- a certificate confirming the official dissolution of the previous marriage, subject to its existence;
- a certificate from a foreign citizen from his previous place of residence.
The cost of a fictitious marriage in Russia and Moscow in particular
A fictitious marriage is also called a business marriage. This is a commercial event that should at least partially compensate for the possible risks of such a marriage. At the same time, getting married in order to obtain citizenship must last for at least three years, since this is exactly the period after which a foreigner can obtain Russian citizenship while married to a citizen of the Russian Federation.
Based on common sense, one can guess that the cost of a marriage depends on the territory where the marriage takes place. It is clear that most visitors try to get to large cities - Moscow and St. Petersburg. There are numerous opportunities here for almost everyone .
Moscow and St. Petersburg | Small towns | Village, village |
The minimum amount that will have to be paid for marriage is 50,000 rubles. If registration is required, the amount increases by at least 20,000 rubles. The maximum amount that can be demanded for actual marriage and registration is 200,000 rubles. | For those who are willing to be content with little, any city of residence in our country is suitable. Even a city in the outback will do, where the cost of a fictitious marriage starts from 10,000-15,000 rubles and rarely rises above | The cost of registration in a rural locality is only 5000-7000 rubles |
By and large, it is not so important which local resident the foreigner marries. After obtaining citizenship, if you really want, you can get a job in a larger city.
Regulatory regulation
The following legal acts are relevant to fictitious marriages:
- Article 27 of the Family Code states when and on what grounds a marriage is considered invalid, that is, fictitious.
- Article 12 of the Family Code lists the conditions under which marriage can be concluded (both partners reaching marriageable age and their mutual voluntary desire). Any fictitious marriage can be passed off as traditional if it appears to meet these conditions.
- Article 13 of the Family Code explains in detail the concept of marriageable age.
- Article 14 of the Family Code lists the circumstances that make marriage impossible (one of the future spouses is already married, the partners are close relatives, one of the couple is officially declared incompetent by the court due to a mental disorder). If both people entering into a fictitious marriage do not have any of these restrictive circumstances, nothing can prevent them, unless the real reason for their desire to marry is hidden.
- Article 14 of Federal Law No. 62 of May 30, 2002 states that a foreign citizen or a person who does not have citizenship at all can acquire Russian citizenship if he is married to a citizen of the Russian Federation for a period of at least 3 years. A child born in marriage from a Russian and a foreigner is automatically considered a Russian.
How to prove that a marriage is fictitious
It is not so easy to prove that a marriage is fictitious in our country. In other countries, to prevent such marriages, special services monitor newlyweds and identify the fact of living together and running a common household.
Konovalov I.S.,
Migration Service Officer
You need to know that proving the fictitiousness of a marriage in our country is quite problematic. In 50% of cases, the marriage is recognized as fictitious at the request of the deceived party.
Article 170 of the Civil Code of the Russian Federation and Article 27 of the RF IC regulate the conclusion of fictitious marriages and establish their inadmissibility. In this regard, migration service employees will identify foreigners who have decided to legalize relations with Russian citizens for mercantile purposes.
The procedure for declaring a marriage illegal is carried out in three steps.
Collection of evidence | Claim for court | Package of documents for the court |
A real family must meet certain requirements: - Cohabitation – general farming – total budget – presence of children If the family is real, then there will be a lot of witnesses who can confirm the presence of several of the listed factors and the lack of intent when registering the relationship | In order to recognize a marriage as fictitious, it is necessary to go to court. This can be done either by the supervisory authority or by the second spouse. In this case, the Tory parties will participate in the process - the plaintiff, the defendant and the registry office. If the marriage is recognized as fictitious, the entry in the registry office is canceled | The package of documents for the court includes three items: - statement – receipt for payment of state duty – evidence of fictitious relationships |
The trial lasts two months, and if an appeal is not received within another month, the marriage is annulled.
Marriage for the purpose of obtaining citizenship is most often dissolved on the initiative of regulatory authorities.
Price issue
There is no single answer to the question of how much a fictitious marriage costs to obtain citizenship, since its price directly depends on the region where the receiving party lives:
- In both capitals of our country (Moscow and St. Petersburg), the average price tag is 100 thousand rubles, and this amount does not include registration in the future spouse’s living space.
- In other large cities, the price ranges from 50 to 70 thousand rubles.
- In small towns, a fictitious marriage costs an acceptable amount: 10-15 thousand rubles.
- The lowest price is in rural areas, where a marriage partner offers his services for 5-7 thousand rubles.
This price range is explained by the demand in large cities, because a foreigner wants not only to obtain citizenship, but also to significantly improve his well-being, and there are more chances for this in Moscow than, for example, in Kolomna.
The price stated at the beginning of the acquaintance may change downwards if the partners manage to build friendly relations.
Additional services, for example, registration in your living space, may be included in the agreed amount or considered separately. Services such as assistance in obtaining a job (when a newly-made spouse gets a job at an enterprise where a Russian citizen already works) are also possible.
If we compare the situation with fictitious marriages in other countries, the cost of such a service in our country is low. There are also much fewer risks here, since in Europe, for example, regulatory authorities regularly check relationships in mixed marriages for fictitiousness, and the responsibility for such a marriage is much more severe than in Russia.
Consequences of recognizing a marriage as fictitious
If it is established that a foreigner is in a fictitious marriage, then serious consequences will follow that will negate all efforts to obtain Russian citizenship.
If a citizen has not managed to obtain citizenship, he is deprived of this right. Already acquired Russian citizenship in such a situation is revoked.
If the other half of the foreigner knew nothing about his selfish intentions, then the injured party is entitled to compensation for moral damage.
In the event that a fictitious marriage was concluded by mutual consent, that is, both parties knew about selfish goals, then the property of the spouses is divided equally.
A foreigner who breaks the law is forcibly deported from the country.
Associated risks
Although the legislation of the Russian Federation does not prescribe strict and definite liability for the fictitiousness of marriage relations (with the exception of some specific cases), any of the parties may face the following risks and complications:
- The receiving party (often Russian women) become victims of scammers. Although initially the marriage is considered fictitious and final, foreign citizens can significantly complicate the life of their temporary spouses. For example, refuse to divorce on time or pay the agreed amount. After a divorce, they can claim the division of property, including living space.
- A fictitious marriage may also entail criminal liability for the receiving party if it turns out that the foreigner received Russian citizenship for the purpose of committing crimes on the territory of our country (fraud, illegal business). In this case, the receiving party, which provided the foreigner with its living space and assistance in obtaining Russian citizenship, is considered his accomplice.
- Russian women may simply become victims of deception when they fall in love with foreign citizens. They are sure that their feelings are mutual, but in fact their chosen ones are swindlers. There is no talk here of a marriage contract or payment for services, since only one of the parties entering into the marriage knows for sure that it is fictitious.
- Foreigners enter into a fictitious marriage not only for the purpose of easier acquisition of citizenship, but also for the sake of other benefits, for example, receiving an inheritance. After all, after marriage they have the right to claim it. Then the life of the receiving party is in danger, so wealthy Russian women should exercise maximum caution when a foreign suitor appears.
- When a child is born to a foreigner and a Russian citizen in a fictitious marriage, they are both automatically included in his birth certificate as parents. According to the laws of our country, any parent raising a child alone after a divorce has the right to receive child support from the other parent. This scheme can also be used by a fraudster.
To protect yourself from such negative consequences, you should enter into a prenuptial agreement, which will specify all the conditions. Not every Russian host woman acts this way, especially if she truly falls in love with her “fake” husband.
Punishment for a fictitious marriage in Germany, the USA and other countries
When looking for a spouse abroad, it is generally better to measure seven times before deciding to take such a step. Because there it is not so much the fact of a marital union concluded illegally that becomes the subject of consideration in court, but rather the violation of migration legislation. And migration services in Western countries, as many have probably heard, work very well. Sometimes even unceremoniously: they can show up at a residential premises and carry out the necessary procedural actions to confirm or remove suspicions.
In Belgium, for example, those convicted of fraud (in most European countries and the United States, a fictitious union is a criminal offense) face up to two years in prison, in Portugal - up to four.
The strictest control over the observance of the institution of marriage is carried out in Germany. Violation is punishable by up to three years in prison and a large (20 thousand euros) fine. Moreover, the convicted person may receive a subsequent restriction on entry into the Eurozone for up to 10 years. In the USA, where much is based on case law, the migration service can “hide” imaginary spouses in prison for five years and impose a fine of up to 250 thousand dollars.
Important
Before deciding to take such a step, paying tens of thousands of euros or dollars to intermediaries who guarantee a decent stay, good work and the absence of any problems from the future spouse or a foreign country, you should study this issue thoroughly
What it is?
A marriage can be considered fictitious if people formalized it without the goal of creating a family, but with other selfish intentions, for example, for the sake of obtaining citizenship, property, benefits from state or municipal services. From the outside, such a union looks like a real one, because it is also registered in the registry office with the voluntary consent of both parties.
From the point of view of Russian legislation, there is no exact definition of what a true family should be, but there are some signs by which it can still be recognized:
- couple living in the same area;
- shared life and budget;
- presence of common children.
If suddenly doubts arise somewhere, it is on these points that the fictitiousness of the family will be judged. It is worth noting that in Russia there is no criminal liability for such relationships, because it is not a crime. And you won't even have to pay a fine. The only thing that will be done in this situation is to annul the false marriage at the civil registry office.
If a marriage is concluded with a foreign person, the court will revoke both his residence permit and citizenship, and in rare cases he may be deported from the country.
Why is it needed?
There are plenty of reasons to register:
- The most common is, of course, registration of citizenship . To get it in Russia, a foreigner must be married to a Russian for at least three years. He will also be allowed to temporarily reside and work in the country.
- Providing benefits and discounts from the state . For example, a mortgage at a favorable rate or participation in an affordable housing program.
- Getting a prestigious job . This is especially true for the stronger sex; according to statistics, 22% of employers hire only married men for good positions, and the presence of children can be a plus.
- Hiding gays . In the Russian Federation, homosexuals are not very welcome; on the contrary, they cause censure and even negativity. And the presence of a stamp in the passport with the opposite sex will remove all doubts and suspicions.
- Material benefit . Let’s say one of the “couples” acquires an apartment while officially married; after a divorce, he will have to share it with his now ex-husband or wife. This may also apply to inheritance. If, for example, the relationship is with an elderly person and after his death the property will go to the legal widower or widower.
There are often situations when a fictitious alliance is such only for one of the parties, for the one who benefits from it. The second spouse is confident in reciprocal feelings for himself and thinks that everything with them is real and out of love.
How to join?
- You can register such relationships for money . This is exactly the option for foreigners; roughly speaking, they pay for the opportunity to live in a foreign country;
- by agreement . Both parties discuss in advance all the nuances of such a transaction;
- fraudulently . One swears love to another for the sake of his own selfish goal, and he accordingly believes and does not expect a catch.
What is the price?
As we said above, the main reason for joining a fictitious union is to obtain citizenship, and for a Russian this is a way to earn a little money. The cost of such a service will vary in different cities. If we take the capital and St. Petersburg, then prices generally start from 50,000, but the average price is 100-120 thousand rubles. This can be judged based on advertisements on the Internet, of which there are a huge number today.
Offers for Russian cities:
Moscow from 50 thousand rubles. St. Petersburg from 40 thousand rubles. Moscow region from 30 thousand rubles. Tver from 20 thousand rubles. Novosibirsk from 50 thousand rubles. Crimea from 50 thousand rubles. Other regions from 15 thousand rubles.
Why is it dangerous?
As you know, having a stamp in your passport gives you certain rights. And having concluded a fictitious union on the same terms, many people do not calculate everything, thereby giving the fake spouse the opportunity to take advantage of you. What you need to know:
- The husband/wife is the heir of the first priority and in the event of death, he will claim an inheritance to which in fact he has nothing to do.
- It is also worth remembering that during a divorce, all purchased property in an officially registered relationship is divided in half . In this case, the wealthier party risks becoming poorer.
- Let's say you register this person in your municipal living space, then if you decide to get a divorce, he will have every right not to be discharged from there and may even sue you for part of the housing .
- If suddenly your false spouse turns out to be a terrorist or a criminal who married you in order to be in the country, then you face criminal liability for complicity.
- Problems with divorce may arise , since in most cases, fictitious couples do not live together, and if suddenly you meet your true love and want to get married, it is not a fact that this will be done quickly.
- Paying alimony to your ex-lover is another point that you need to know before making such a decision. By law, one spouse must support the other, even after the divorce process, if he needs it. These citizens include: people of pre-retirement age, women over 55 years old and men over 60 years old. If the person retired within five years of the divorce and your marriage was for a long time. The court will decide whether you were married enough to pay alimony. Disabled citizens can also claim support if they became disabled while still officially registered or after the dissolution of the union within a year.
It is quite possible that, according to the law, you will have to pay money to a complete stranger to you.
How to recognize fictitiousness?
If the fictitious spouse turned out to be adequate and did not lay claim to your property, then it is enough to simply get a divorce. If not, then the matter will have to be resolved in court.
A claim can be filed by a person who did not know that his “other half” was dishonest with him. But it will be necessary to prove that you did not have a real family. This may be due to separation, budget, lack of communication, or some other reason. Witnesses will be needed, and it would also be good to talk about the benefits that the defendant received from the fake alliance with you.
There are other reasons by which it can be judged that your marriage was not concluded according to all the rules, these include:
- if you agreed to register not voluntarily - under duress or fraudulent means and could not adequately assess everything that was happening;
- the wedding took place with a close relative;
- at the time of registration you are not yet 18 years old;
- if the court has declared the spouse incompetent;
- the person had a sexually transmitted disease at the time of marriage and he/she hid it.
If you can prove any of the above facts, then you will not have to share property with your ex, and such a marriage will be annulled.
Fictitious marriage to obtain citizenship in the Russian Federation
At the moment, the first point of this list still prevails - obtaining citizenship of another state. This is relevant both for those foreigners who would like to firmly establish themselves in the Russian Federation, and for our compatriots who are looking for a way to become citizens of other states.
Important
Forming an alliance without obligations to overcome legal barriers is always a risk. And if in Russia, in most cases, everything for the parties can be done with a simple dissolution of the marriage union, which subsequently will not even be mentioned, then in the countries of Western civilization for such an offense it is quite possible to end up under criminal charges
Revealing the fictitiousness and consequences
It is extremely rare for a court to be able to prove a marriage is fictitious. Often the receiving party, that is, a Russian citizen, turns to him if events do not develop as she planned. She files a statement of claim stating her request to have her marriage with a foreigner declared invalid. Also, the victim of deception may demand compensation from the swindler for moral and material damage.
She may emphasize that she had no idea about the true nature of marriage. Here you must provide evidence that she did not receive any amount as payment for services.
If the fictitiousness of the marriage is proven and recognized by the court, the foreigner is deprived of Russian citizenship and registration. He is forced to leave Russia within 15 days from the announcement of the court decision. Otherwise, he will face deportation.
The true essence of marriage can be revealed at any stage: when a foreigner is just applying for citizenship, when it is under consideration, or when he has already become a full citizen of the Russian Federation. In all cases, all his attempts are annulled, and he is left with nothing.
If the court concludes that the fictitious marriage was concluded on terms beneficial to both parties, it may insist on the division of property, as in the dissolution of a traditional marriage. Then the real estate is also subject to division.
Types of liability for registering a fictitious marriage
The conclusion of a fictitious marriage in itself does not entail criminal or administrative liability. Sanctions will be applied if the action was performed to obtain any benefit.
According to Articles 322.1-322.2 of the Criminal Code, illegal organization of migration is punishable.
The organizers can be imprisoned for a term of five to seven years.
The duration of the punishment depends on the qualification of the act and the presence of mitigating (aggravating) circumstances. The crime includes searching for potential spouses, ensuring settlements with the parties, collecting documents and carrying out other accompanying actions. This is enshrined in the position of the Supreme Court, reflected in Resolution No. 18 of July 9, 2021.
If citizens entered into a fictitious union without outside help, the migrant only faces the annulment of permits issued on the basis of a marriage certificate.
Additionally, the foreigner will be held accountable for illegal stay in the country under Article 18.8 of the Code of Administrative Offenses of the Russian Federation. A fine of five thousand rubles will be imposed on the guilty person.
If after this the foreigner refuses to leave the country, he will be forcibly deported.
Entering into a fictitious union is illegal. It threatens a foreigner with prosecution, while a Russian may face unforeseen difficulties.
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Pros and cons of this deal
They are completely determined by the goals of the procedure. The main advantage is obtaining a civil passport due to the reduction in the waiting period. The average duration of a standard procedure is 5 years in Russia, in many countries it reaches 10 years. In case of marriage, this period is reduced to 3 years, which is also typical for our country.
Other benefits include the following:
- the ability to reside legally and move freely throughout the country;
- obtaining a high social status and standard of living for the spouse;
- solving everyday problems;
- avoidance of military obligations in one's own state;
- obtaining registration;
- possibility of changing surname.
A significant disadvantage is the negative consequences that occur when such an alliance is identified. The negative aspects include:
- if only one of the spouses knew about the fictitiousness, the other party becomes deceived;
- high cost of the service;
- the danger that the second spouse will decide to divorce before obtaining citizenship;
- the possibility of being deceived by those who offer marriage for money.
A fine and deportation from the country are possible. If serious offenses are detected, criminal liability is possible. A spouse may also be accused of complicity if the registration of marriage contributed to the commission of a crime. A judge can ban entry into Russian territory either temporarily or for life.