Abstract
This article examines the attempts made by both the Executive and Parliament to curb marriages of convenience through the revision of refugee and immigration laws. Asylum seekers or economic migrants use marriages of convenience largely to legitimise their stay in South Africa. South African authorities regard these marriages of convenience as a threat both to South African society as they violate pro-marriage policies and anti-irregular migrant policies, and to national security as they defeat the object of the institution of marriage. In this context, the article explores the complexities of combating marriages of convenience on the basis of the principle of consent on which a valid marriage is fundamentally constructed, and also on the basis of an analysis of judicial opinions holding that a marriage of convenience must be terminated by a decree of divorce.
Highlights
Asylum seekers or economic migrants use marriages of convenience largely to legitimise their stay in South Africa
South African authorities regard these marriages of convenience as a threat both to South African society as they violate pro-marriage policies and anti-irregular migrant policies, and to national security as they defeat the object of the institution of marriage
A marriage of convenience is a matter of concern to all European countries as it is viewed as an attempt to undermine pro-marriage policies and anti-illegal immigration policies
Summary
Most countries are adopting immigration management measures that seek to restrict non-citizens with temporary resident status from gaining access to the national labour market, trade, industry and social welfare. As will be explained below, non-citizens – especially economic migrants and asylum seekers – enter into marriages of convenience to circumvent immigration regulations. They do this to ensure they are safe and secure from threats of expulsion or arrest and deportation and to integrate into their host communities.. They can engage in trade and business and can take up employment If they cannot support themselves due to poverty, illness, disability, or advanced age, they may be eligible for State support and assistance. The need to resist this type of marriage is central to South Africa’s political, judicial and legislative debate on how new refugee and immigration conditions
Sign-in/Register to view highlights & summary Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
