Legal-discursive constructions of genuine cross-border love in Belgian marriage fraud investigations

Abstract

ABSTRACTIn recent years, marriage migration as a form of family reunification has become a growing policy concern for migration governance in European member states and is seen as ‘the last loophole’ in EU migration policy in the face of a supposedly large and increasing number of sham marriages through which the non-European spouse is granted a residency permit. Several European nations have therefore legislated legal-administrative measures to battle marriages of convenience by investigating cross-border marriage applications prior to celebrating or recognising the marital union. In this article, I draw on a linguistic ethnographic empirical study of legal-administrative investigations conducted by Belgian municipal authorities to determine whether cross-border marriage applications to their civil registry office are ‘genuine’ or ‘fake’. In particular, I examine how the legal framework and guidelines for investigation are bureaucratically implemented in practice in Belgian civil registry offices with a particular focus on the role of a discursively constructed notion of genuine cross-border love and a bureaucratically acceptable relationship in both policy documents and interviewing practice.