France Cracks Down: 5-Year Prison Terms for Sham Marriages in Immigration Clampdown

A fine of 15,000 euros and up to five years in prison. These are the penalties that can be imposed on people who are guilty of fraudulent marriages in accordance with Article L823-11 of the Code on the Entry and Residence of Foreigners and the Right of Asylum. In a circular addressed to prosecutors that BFMTV was able to consult, Gérald Darmanin reminds "that in case of doubt about the situation of the future spouses and on the proposal of the mayor, the suspension of the celebration of the marriage must now be favored".

"The fight against fraudulent marriages, before they are celebrated, is a government priority. The public prosecutor’s offices must support the civil registrars, in a strengthened and trusting dialogue with the mayors and their services," indicates the Keeper of the Seals. He calls on the public prosecutor’s offices to "pay particular attention to the elements transmitted by the civil registrars, particularly when they are likely to cast doubt on the reality of the matrimonial intention of the future spouses".

The French Minister of Justice has reminded them "that an irregular administrative situation on the national territory must call for increased vigilance." A marriage "requires the existence of the consent of the two spouses," he added. The civil registrar who celebrates the union is thus called upon to check upstream the reality of the matrimonial intention of the spouses based on concrete elements based on the marriage file. He must also take into account the elements collected during the joint interview of the future spouses, and any other detailed external element received.

In the event that he fears that the planned marriage is forced or fraudulent, he has the obligation to interview each of the future spouses individually, as required by the law of August 24, 2021.