Convenience marriages in Spain: an old problem with no apparent solution

Abstract

A very common phenomenon in countries subject to heavy immigration and one that is starting to become quite important in Spain, which has gone from being a country of emigration abroad to a country that receives citizens who come from other countries to live here, is the problem of so-called “marriages of convenience”. Through this type of marriage, the real aim is not to contract a marriage or to assume the rights and obligations that derive from marriage, but rather to obtain certain “benefits” in terms of nationality and foreigners (rapid and privileged acquisition of spanish nationality, obtaining a residence permit in Spain, family reunification, etc.). Consequently, these “marriages” are a form of fraud against the rules on Aliens and Nationality. For this reason, this paper attempts to specify, from the perspective of the most recent Spanish registry doctrine and case law, what is understood by marriage of convenience, to examine the indications of all marriages of convenience, the effects of these marriages and, finally, the possible ways of combating them. Through the study of their most characteristic features and elements..., their main purposes, as well as their signs of existence, their consequences, and, finally...