What are Sham Marriages and Are They Illegal in Singapore?

Last updated on November 20, 2024

Featured image for the "What are Sham Marriages and are they Illegal in Singapore?" article. It features a sham marriage photo shoot.

A Singapore citizenship is highly coveted by many foreign nationals. For many who do not qualify for citizenship status or work permits through legal means, a common but illegal way to continue staying in Singapore is through a sham marriage. In fact, between 2021 and 2023, a total of 18 people were arrested for sham marriage offences.

This article will explain why and how a sham marriage is arranged and what you can do if you are a victim of a sham marriage.

What is a Sham Marriage?

A sham marriage, otherwise known as a marriage of convenience, is a marriage between 2 people for the sole intention of acquiring a benefit or advantage.

This is different from marriage fraud, where one person has been deceived into a marriage by his/her spouse without knowing that he/she is being taken advantage of for certain benefits.

Why Might a Person Enter into a Sham Marriage?

Many people who enter into sham marriages are in financial distress and are easy prey for the syndicates. Some foreign nationals, particularly those from neighbouring ASEAN countries such as Thailand and Vietnam, may be desperate for employment in Singapore.

Hence, they may resort to such schemes to prolong their stay. Local Singaporeans who face financial difficulties may also fall for such “fast money” schemes. For example, a 52-year-old Singaporean man agreed to a sham marriage with a 32-year-old Vietnamese woman as he needed the money for his gambling habits. The woman was looking to extend her stay in Singapore. The mastermind behind this sham marriage – a 41-year-old Vietnamese woman – was sentenced to nine months’ jail in September 2024, while the couple were each sentenced to six months’ jail and a fine of $8,000 back in 2022.

How Does a Sham Marriage Work?

Sham marriages are nothing more than monetary transactions conducted between different parties for immigration purposes.

Typically, a sham marriage involves the following steps:

  • The syndicate looks for foreign nationals who are desperate to extend their stay in Singapore
  • Their brokers seek out Singaporeans facing financial difficulties
  • With assistance from the syndicate, both Singaporean and the foreign national agree to enter into a sham marriage
  • The Singaporean citizen is the main spouse. He/she either provides citizenship status in the marriage or sponsors a visit pass
  • His/her partner is a foreign national who will acquire citizenship status/visit pass/work permit extensions
  • The foreign national pays a fee to the syndicate for providing this service
  • Both the main spouse and the brokers are given a cut of this transaction for their respective services

In order to stage the marriage as a legitimate affair, the syndicate may also arrange “photo-shoots” for the couples and provide lodging for them to live together temporarily.

Since the union is not genuine, the marriage may also not be consummated. Part of the arrangement may also include an agreement that a divorce would be arranged between the parties.

Are Sham Marriages Illegal in Singapore?

 

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Love takes different forms, but this isn’t one of them.¯\_(ツ)_/¯ In case you haven’t already heard, it’s illegal to enter into a sham marriage in Singapore! ? The term refers to marriages of convenience that are (usually) solely formed in order to gain an immigration advantage. For example, if a foreigner entered into a marriage with a Singaporean just to be allowed to work in Singapore, it would be considered as a sham marriage.? – Any person who knowingly enters into a marriage with the purpose of assisting one of the parties to obtain immigration advantages, and where gratification has been given as a reward for entering into said marriage, has committed an offence! ? Such offenders risk a fine of up to $10,000, jail for up to 10 years or both. Gratification is not limited to money or gifts, either – it can also refer to employment offers, or any other favour, service or advantage.⠀ – You’re not spared if you play cupid for such a couple, either. Any person who arranges, or assists in arranging a sham marriage risks facing the same penalties mentioned above! ? Better leave the idea of such fake marriages to movies or dramas, otherwise the only rings you’ll be wearing are big, silver ones on your wrists. ? #SingaporeLegalAdvice

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Entering into a sham marriage is illegal in Singapore. According to section 57C of the Immigration Act (IA), if you enter into a marriage:

  • Knowing or having reason to believe that the purpose of the marriage is to help either you or your spouse to gain an entry permit to Singapore; and
  • Either you or your spouse are offered or given a reward for entering into the marriage,

you will be guilty of an offence. This applies even if the marriage is solemnised outside of Singapore.

At the same time, any person who arranges or otherwise assists in arranging a sham marriage is also guilty of committing an offence.

In both cases, if convicted, the guilty offender is liable to a fine up to $10,000 and/or to imprisonment up to 10 years.

If anyone deliberately provides false information to deceive the authorities in sham marriages, they will be considered to have furnished false information under section 177 of the Penal Code.

If found guilty, a first-time offender shall be liable for a fine up to $5,000 and/or imprisonment of up to 6 months.

Section 37 of the Women’s Charter also states that any person, who, for the purpose of procuring marriage makes any false declarations, will be liable on conviction to a fine up to $3,000 and/or to imprisonment up to 3 years.

Under the Immigration Act, anyone who makes false declarations to obtain immigration facilities (e.g. an entry or a re‑entry permit, pass, Singapore visa or certificate for himself or herself or for any other person) will also have committed an offence that is punishable with imprisonment for up to 2 years and a fine of up to $4,000.

Foreigners who obtain entry into Singapore through sham marriages may have their visit passes or work permits cancelled. If so, they generally cannot remain in Singapore and may be repatriated.

Case study: An alleged sham marriage in Singapore

In June 2024, 13 people – six Vietnamese women and seven Singaporean men – were charged over their alleged links to marriages of convenience. Each accused was handed been one and 12 charges under the Immigration Act.

The individuals were nabbed in an enforcement operation when simultaneous raids were conducted on public and private residential premises island-wide.

How Can You Know If You are Being Deceived into Entering a Sham Marriage?

While in most sham marriages where both parties enter into the marriage of convenience knowingly, there are instances where one spouse may not even be aware that their marriage is a sham.

Hiring a private investigator who can perform a background check on your partner will be useful in helping you avoid becoming a victim of a sham marriage.

Private investigators are discreet and professional, and utilise different methods like surveillance and monitoring to find out if your marital partner is only invested in the relationship to obtain an immigration advantage.

How Can You Get Out of a Sham Marriage?

Apply to annul your marriage

Under section 105(aa) read with section 11A of the Women’s Charter, a marriage can be ruled void.

This is provided that your marriage was solemnised on or after 1 October 2016. If so, you can apply to have your marriage annulled.

However even after you have annulled your marriage, note that you can still be criminally liable for entering into a sham marriage in the first place.

To avoid such liability, you will have to prove that even though one purpose of the marriage was to help either you or your spouse gain an entry permit to Singapore, you had reasonable grounds to believe that the marriage would result in a genuine marital relationship when entering into it.

File for divorce

Alternatively, you may file for divorce. This option applies even if your marriage was solemnised on or before 1 October 2016.

However, you will need to ensure that you fulfil the requirements for filing for divorce.

—

If you are caught in a sham marriage and are unsure of what to do, feel free to consult a criminal lawyer for assistance.

Members of the public can report suspected sham marriages or immigration-related offences via an online form. Please be assured that all information provided will be treated in confidence.

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