SOU, Alm.del - 2017-18 - Bilag 184: Henvendelse af 27/2-18 fra Louise og John Moloney om ægteskabsturisme

Social-, Indenrigs- og Børneudvalget 2017-18
SOU Alm.del Bilag 184
Offentligt

Fra:

Louise Badino Moloney [mailto:[email protected]]

Sendt:

27. februar 2018 10:41

Til:

Roger Courage Matthisen <[email protected]>

Emne:

Ærø reaction to Mercados proposals on Wedding turisme in Denmark

See our Thoughts on proposals to resolve the proforma wedding issue here or attached:

Have we consulted the Irish? Ms Mercado claimed their plan to centralise controls on international

marriages was the Irish solution

Has the ministry sought help or advice from the Irish?

If so, can we hear what it was.

If not, please would they do so? Can we (selected Kommuner and agencies) participate in

any discussions?

Are they clear what the Irish solution (Operation Vantage) is? There were two elements, (neither of them

being centralised processing of international marriage documents).

First, they appointed Superintendent registrars for each county who were given the right

to refuse to marry any international couple and then report them to the justice ministry.

Second, across-agency working group comprising the Garda National Immigration Bureau,

INIS, Department of Social Protection, Workplace Relations Commission(WRC) and General

Registrar’s Offi e GRO as also esta lished. It ai ed to to take a hole of go er e t

approa

h a d to share data a d i tellige e, ta kli g the orga ised ri e ehi d the

sham weddings.

Are they clear what exactly they are targeting? Not being in love is not the criteria! The Irish specifically

targeted men from India, Pakistan, Bangladesh and Mauritius who were marrying women from Eastern

Europe and Portugal in order to obtain EU residency, with the women also in some cases being trafficked.

The Operation targeted not just the couples but the organised crime behind it.

The key problem is not whether the documents were genuine, but whether the couples

were.

Note there was an additional element in Ireland (not relevant here) which is that asylum

seekers can marry there.

Proposals;

That there is a proper cooperation with the Irish to learn from them before going any

further.

That we define exactly which couples will be subject to scrutiny; I suggest that there is no

requirement for any change or scrutiny in the following cases and no change to the current

procedure or documentation is required.

i. Where neither party is from the EU

ii. Where both parties are from the EU

iii. Where the nonEU party is travelling visa free

(eg US, Australian, Brazilian etc)

iv. Where the nonEU party already has long term

residency in the EU (eg Aufenthaltstitel)

SOU, Alm.del - 2017-18 - Bilag 184: Henvendelse af 27/2-18 fra Louise og John Moloney om ægteskabsturisme

v. Regardless of nationality or circumstance the

registrar or agency would always have the option of referring a couple to the

central body

That the centralised coordination body like the one set up by the Irish has no role to play

in this case unless they plan to investigate any possible Danish organised crime behind the

weddings.

That Denmark should appoint Superintendent registrars for each kommune who would

have the right to refuse to marry a couple even if their papers are in order

That the kommuner have the right to refuse to deal with agencies who they suspect are

in anyway complicit with arranging proforma weddings

That the agencies could and should refer suspect enquiries directly to the police for

further action. Those agencies failing to do so could expect to lose the right to work further

with the kommuner.

That we consider whether we have the exact same target group as the Irish did. For

example, Moroccans, Nigerians, Afghans, Ghanaian Albanians and Tunisians who have visas

or residency in Italy or Portugal, who are marrying east European girls, might be added to

the list of prime suspects.

That the routine processing of documentation remain with the experts in the Kommuner

That the role of EU family/spouse visas be examined as part of the proposals. Marriage to

an EU resident does not give automatic EU residency despite the provisions of EU Directive

2004/38/EC. The couples involved in proforma weddings still have to apply for a

spouse/family visa, but the requirements and application varies a lot from country to

country. If others had a rigorous system for the issue of spouse/family visas, like Denmark,

the problem would solved regardless of Danish marriage law.

That any solution recognises the immense benefit of the current sensible laws on

marriage to Denmark to genuine international couples throughout the world, (especially

same-sex couples, mixed faith couples, those from dysfunctional countries, those who

cannot meet the complex requirements to marry elsewhere through no fault of their own)

and the good this does to our reputation throughout the world.

Kind regards,

Louise & John Moloney

Danish Island weddings