Ministerie van Justitie, Immigratie- en Naturalisatiedienst

On 1 November 1994 the Act for the Prevention of Bogus Marriages and the Municipal Database (Personal Files) Act (GBA) came into effect. This arrangement makes it possible to prevent, conclude or annul bogus marriages. The Act also makes it possible for the government to refuse to acknowledge bogus marriages entered into in other countries and, consequently, not include them in the Municipal Database in the Netherlands.

What exactly is considered a bogus marriage/partnership
The term ‘bogus marriage’ or ‘bogus partnership’ refers to a marriage or registered partnership in which at least one of the partners does not have the Dutch nationality and which is entered into for the sole purpose of obtaining right of residence in the Netherlands for the foreign national who is not (or no longer) entitled to residence in the Netherlands.

If at least one of the prospective spouses or registered partners does not have the Dutch nationality, the Registrar of Births, Deaths and Marriages must have a statement from the Chief Constable. Only then can the Registrar agree to register the banns or prepare a partnership registration, and solemnise the marriage or lodge the partnership registration. The statement from the Chief Constable and the feedback forms have been included in the Aliens Circular as model M46.

In addition to verifying the foreign national’s residence status, this statement also includes a recommendation from the Chief Constable to the Registrar of Births, Deaths and Marriages. This recommendation is issued with a view to the Registrar’s decision whether or not to agree to register the banns/prepare a partnership registration and/or solemnise the marriage or lodge the partnership registration. This statement is valid for a period of six months. The Immigration and Naturalisation Service (IND) provides the Chief Constable with written information regarding the foreign national’s residence status, insofar as the Chief Constable does not have this information available.

Model 46:
The statement issued by the Chief Constable is a recommendation to the Registrar of Births, Deaths and Marriages and is therefore considered separately from a possible application for a residence permit. This means that, even if the foreign national has legal residence status, a recommendation must still be issued by the Chief Constable. This statement is also required in situations where the foreign national does not yet have a residence permit in the Netherlands but intends to apply for one.