Scandal at Cologne immigration office - sham marriages for money

A government employee who professionally decided on residency rights is alleged to have been part of a network that organized sham marriages for payment. The case from Cologne sheds light on an issue that unsettles many binational couples. The good news first: Those in genuine marriages generally have a right to spousal reunification. However, authorities will be scrutinizing the authenticity of relationships even more closely after this case. We explain when a marriage is considered a sham, how the The immigration authorities will investigate and explain how you should prepare if doubts arise.

What is in the What happened at the Cologne immigration office ?

According to the current state of the investigation, a now-dismissed case worker at the Cologne immigration office, together with her husband and two other individuals, allegedly ran a lucrative scheme. The operation apparently proceeded in two stages. First, predominantly Indian men were married in Cyprus to women from Eastern Europe whom they barely knew. The marriage to an EU citizen was intended to grant them access to EU and to to open up European freedom of movement . The employee is then supposed to approve residence applications in Cologne despite falsified documents, advise those involved, and fulfill her own role. They provided the apartment as a registered address. The couple allegedly received several thousand euros per case for this. The case involves more than 20 men, and the criminal trial is scheduled to begin in February 2027. In addition to the organized and commercial smuggling of migrants to § 96 and Section 97 of the Residence Act also applies to the civil servant in cases of bribery. Section 332 of the German Criminal Code (StGB) is relevant.

When is a marriage legally considered a sham marriage?

The Residence Act defines sham marriages by their purpose. Section 27 paragraph 1a number 1 of the Residence Act is amended to Family reunification is not permitted if it is established that the marriage was entered into solely to enable the partner to enter and reside in the country. The word "solely" is crucial. A marriage does not become invalid simply because a couple also considers residency rights. The decisive factor is solely whether both partners intend to live together in a genuine marital relationship. The burden of proof for a sham marriage generally lies with the authorities. At the same time, you are... Section 82 of the Residence Act obliges one to cooperate in the investigation.

For marriages with EU citizens are subject to a separate regime. Third-country nationals who come to Germany through marriage to an EU citizen rely on the freedom of movement law. Pursuant to Section 2 Paragraph 7 of the Freedom of Movement Act/EU , the authority may determine that there is no right to Freedom of movement exists if the marriage was only a sham. This was precisely the situation at the heart of the Cologne case.

How does the Immigration office , whether a marriage is genuine?

The first check often takes place during the visa application process at the German embassy or consulate. Embassies in countries with high application numbers, such as India, regularly conduct interviews with the applicant. Spouses . Their information will later be compared with the file in Germany. The case then proceeds in Berlin. The State Office for Immigration ( LEA ) is responsible. Its internal guidelines are laid down in the publicly accessible procedural guidelines for residence in Berlin (VAB).

If there is doubt, in practice the authorities summon both partners for separate, simultaneous questioning. They will be asked about how they met, the wedding celebration, the Families , working hours and everyday life in the shared home Apartment . In addition, registration data is checked, and in individual cases, a field service representative conducts a home visit. From our experience in advising clients, we know that a single incorrectly remembered date rarely leads to rejection. The decisive factor is the overall picture, comprised of many small inconsistencies. It becomes problematic when couples "brief" each other and give identical, memorized answers. This often appears more suspicious to experienced case workers than genuine lapses in memory.

Why are real couples also coming under suspicion?

Authorities work with circumstantial evidence. Typical triggers include a short courtship period, a large age difference, or a lack of shared language skills. Marriage shortly before the end of the [unclear] period can also be a factor. visa or the A residence permit is noticeable, as is a quick marriage abroad, for example in Denmark or Cyprus. Even separated Apartments raise suspicion when they are used for professional reasons. This occurs, for example, when the skilled worker with a The EU Blue Card holder already works in Berlin, while their partner is still employed in another city.

Highly skilled immigrants from South Asia are currently particularly affected. Many IT specialists and engineers from India marry in arranged marriages after a relatively short courtship. Legally, an arranged marriage is neither a sham marriage nor a forced marriage, as long as both partners freely consent and wish to live together. However, following the Cologne case, we expect that similar situations involving Indian nationals and marriages in [the context of the case] will arise. EU citizens from other countries will be viewed more strictly nationwide. For employers and HR departments, this means: Family reunification of new employees may be delayed. This jeopardizes the retention of urgently needed staff. skilled workers .

What are the consequences if a residence permit was obtained fraudulently?

The consequences are significant and affect not only the organizers. Anyone who provides false information to obtain a residence permit for themselves or someone else is committing a crime. Violating Section 95 Paragraph 2 Number 2 of the German Residence Act (AufenthG) is a criminal offense. It is punishable by up to three years imprisonment or a fine. This also applies to the German or European spouse who cooperates in exchange for money.

Under administrative law, the authority can challenge a fraudulently obtained title. Section 48 of the Administrative Procedure Act (VwVfG) allows for the revocation of a decision even years later. Anyone who obtained the decision through deception or bribery cannot invoke the principle of legitimate expectation. Furthermore, there is a compelling public interest in deportation. Section 54 paragraph 2 number 8 of the Residence Act , which leads to an entry and residence ban according to This can lead to a situation under Section 11 of the Residence Act . A later [situation] Naturalization is therefore a long way off.

What should couples do if the authorities raise doubts?

We often only receive the inquiry after the invitation to the interview or a hearing notice has already arrived in the mailbox. Many couples then react in one of three ways. Some wait and hope the matter will resolve itself. Others answer the questions on their own and get themselves entangled in unnecessary contradictions. Still others rely on checklists from the internet, which list documents but do not prepare for an interview. All three approaches can lead to a rejection that can later only be corrected with considerable effort.

A structured approach is more sensible. We will first request access to the files after Section 29 of the Administrative Procedure Act (VwVfG) is used to ascertain the basis for the authority's doubts. We then document the relationship in a comprehensible manner. Suitable documentation includes, for example, shared trips, communication histories, joint accounts, or... Employment contracts that state separate residences. We prepare both partners for the interview without suggesting answers and, if desired, accompany you to the appointment. If family reunification is still rejected, the option of [further action] remains. Court . For lawsuits against visa decisions made by foreign missions, the court is [address] according to [relevant legal provision]. According to Section 52 No. 2 Sentence 4 of the German Code of Administrative Procedure (VwGO), the Berlin Administrative Court has nationwide jurisdiction. As a Berlin law firm, we are therefore closely familiar with its case law.

Conclusion

The Cologne case is a scandal, especially for the many couples who have an honest marriage and are now confronted with growing mistrust. Legally, nothing changes for them. A genuine marriage still establishes a right to Family reunification , for example to Section 28 paragraph 1 number 1 of the Residence Act (AufenthG) applies to Germans or according to Section 30 of the Residence Act (AufenthG) regarding foreign For professionals . Those who are well-prepared, can convincingly substantiate their story, and take interviews seriously have very good chances even under rigorous scrutiny. Have you received a hearing notice or are you planning to join your family? Spouses moving to Berlin? We'd be happy to advise you.