Those involved in sham marriages face fine, jail
Minister in the Prime Minister’s Office, Mr S. Iswaran.
By Linette Heng
The New Paper
Thursday, Aug 16, 2012
Sham marriages are on the rise. There were 12 cases in the first half of this year, compared to just four of five annually over the past five years.
These figures were released by Mr S. Iswaran, Minister in the Prime Minister's Office, as the Immigration (Amendment) Bill was passed in Parliament.
The Bill criminalises sham marriages or marriages of convenience.
Said Mr Iswaran: "Most marriages between Singaporeans and foreigners are genuine. But, there is a small number who use marriage as a ruse so that the purported foreign 'spouse' can stay and work in Singapore."
Under a new section in the Bill, the Immigration and Checkpoints Authority (ICA) can prosecute errant couples, middlemen, or marriage agencies involved in marriages which are entered into for the purpose of illegally obtaining an immigration advantage - this includes the grant of visas, visit passes, long-term passes and permanent residence.
The penalty is a fine not exceeding S$10,000 or imprisonment for a term not exceeding 10 years, or both.
The prosecution has to take into account if one party in the marriage had received or offered gratification. Other factors, such as whether the parties have lived together after the marriage, will also be considered.
Singapore is not alone in criminalising marriages of convenience. Countries like the United States and Australia already have such laws.
But given the diverse cultural practices and the highly personal nature of marriages, ICA will exercise care and diligence when investigating any alleged wrongdoing, said Mr Iswaran.
Some Members of Parliament questioned how the law can be enforced as it may be difficult to prove that parties entered into a marriage of convenience.
This is because arrangements may be conducted overseas, or payment can be disguised as dowry, which is common is some cultures.
Said Mr Iswaran: "We are creating a new criminal offence. We want to be careful about it. So we thought it would be prudent to not just have subjective criteria, but also an objective test to ensure that when action is indeed taken, there are good grounds to proceed."
He added that if there is no objective test, then in effect, all marriages could potentially be subjected to investigation.
Other changes include allowing authorities to collect more detailed information on people even before they reach Singapore, imposing a good conduct condition on the re-entry permits issued to Permanent Residents, and requiring operators of gazetted checkpoints such as privately-owned marinas to provide and fund specific security facilities.
Operators will be subject to fines between S$100,000 and S$200,000 for security lapses.
