CENOMAR

What If Foreign Embassy Doesn’t Issue Single Status Cert.?

July 12, 2022 Manoj Sodhani Comments 0 Comment

Declarations Or Certificates are Legitimate Proofs

Recently, a case was filed in the Kerala High Court, India. Its verdict has the answer of “what if the foreign embassy does not issue a single status certificate”. The source carried an overview of the case.

The foreign embassy neither issued an unmarried certificate nor NOC for an OCI card holder. The petitioner filed a case for the Marriage Officer to accept the declarations and certificates so that they can get their marriage registered in India.

However, the petitioner was not yet married. He originated from India and wanted to solemnize marriage with a British. She was an OCI card holder who applied for the single status proof in the embassy but, did not get it. The reason for rejection was the law, rules, and regulations that are prevalent in the UK.

His concern was to discover if his marriage to a foreign native can be registered in India.

On hearing, the court came up with the verdict that Declarations or Certificates stating that the person is single would be accepted in India for the registration of marriage.

The unmarried Indian petitioner was an NRI. He knocked at the door of the court to cancel a Circular and request the Marriage Officer to accept documents later. His would-be bride and he had all documented proofs. But previously, his request was led down by the officer.

The bride was British and also had an Overseas Citizen of India (OCI) card. She and the petitioner decided to tie a knot for marriage under the provisions of the Special Marriage Act, 1954.

NOC and Single Status Certificate

In this case, the Marriage Officer was respondent 1. For registration and solemnizing marriage, he asked to present a No Objection Certificate (NOC) and Bachelorhood Certificates. The embassy of the foreign country had to issue it, which it did not issue.

The reason was that the British government has paused issuing a Certificate of Impediment or CENOMAR, which is also a No Objection Certificate, to its own natives who want to solemnize marriage in Commonwealth Countries.

This simply happened because of different and separated legislations in England and Wales, Scotland & Northern Ireland.

So, she finally got a Single Status Statutory declaration before a solicitor. Later on, it was apostilled.

Now, the petitioner wanted the court to direct Marriage Office to accept that document and allow for the marriage registration and solemnization.

Verdict or Court Decided to Allow

The High Court gave an order that Respondent 1 (Marriage Officer) accept the declarations or certificates, which are pieces of evidence of the fact that the bearer was Single before marriage.

The Court stated that the marriage should be registered and the evidence should be accepted, even if a foreign Embassy does not issue a Single Status Certificate or NOC. The law, rules, and regulations might be the barrier. But, the registration of marriage is valid so are the documents that the petitioner was presenting.

The Court remarked that no one can be pushed to achieve impossibilities.

Further, it announced that the petitioner had the Single Status Statutory Declaration, which is also attested by the concerned authority. It would be a grave injustice for them. So, the refusal to get married and register would be against the law.

Therefore, the Bench disposed of the petition while ordering the Marriage Officer to accept their proofs in view of the case.

This was a unique case and justice won.

However, the petitioner boy did not require any bachelorhood certificate.

On the flip side, the British government makes it mandatory to provide proof that the marriage was held there.

Then, he has to follow this process for applying for a Single Status Affidavit.

How to Get a Single Status Affidavit/ Certificate in India

The petitioner has to raise a request with the Indian Embassy.
Fill up the form (application for the bachelorhood certificate) on its website.
Enclose these documents to upload with the application:

An affidavit to prove that he is single
Address proof (like Bank Passbook, rental agreement, voter ID, nationality card, etc.)
Passport or visa
Birth proof (birth certificate, NABC, school certificate or adoption deed or baptism docs)
Parents’ proof, their voter ID or nationality proof
Decree Absolute in case of a divorcee
Death certificate in case of a widowed

Then, schedule a meeting with the consul.
Visit on the due date for verification while carrying all original documents.
Pay the fee and wait for a week to a month. (The processing may be lengthy.)

At the backend, the application will be verified in India. This verification & authentication is called the legalization of documents.

Attestation Process in India

Here, the following authorities are defined as competent authorities to legalise or attest the unmarried proof.

Sub-Divisional Magistrate (SDM) or District Magistrate (DM)
Ministry of External Affairs (MEA)
Embassy

This is the process for getting CENOMAR and its attestation in India.

An Introduction to Single Status Certificate

April 28, 2022 Manoj Sodhani Comments 0 Comment

As its name suggests, Single Status Certificate is a legitimate document, proving that the bearer is unmarried. The foreign affairs ministry of most of countries requires it to determine if the person is actually single. The substantial thing is that a divorcee and a widower are also recognised as a single by marital status. Simply put, there are three types of status that are considered “single”, which are bachelorhood, divorcee, and widower as per judiciary system of all nations.

Single Status Affidavit or Single Status Certificate

An affidavit is a sworn document, which is issued by a notary public or the district magistrate (DM) or sub-divisional magistrate (SDM) in the local court. Both are recognised as A-Grade Gazette officers. Therefore, they have the authority to issue it. This is called a single status affidavit.

The need for this affidavit rises when there is no particular government agency or set up to issue it. In such a case, the court has the authority to issue it to the applicant. This certificate and affidavit have equal values.

Importance and Advantages of this Certificate

People often take a flight to temporarily shift to another country for a variety of reasons. Mostly, they migrate for seeking higher education, employment, business events, and tourism. Many instances are there, narrating how a migrant fell for a foreigner. Some relationships turn out serious and get translated into marriage. Here appears the certificate of single status in a vital role!

Actually, most governments have made it mandatory to show proof of being unmarried. It is called bachelorhood certificate, CENOMAR or Certificate of No Impediment, Nulla Osta, and many other names in different countries.

Basically, it’s a safety measure for any government to prevent a marital scam due to polygamy before happening. The apostilled or attested proof states that the competent authority has legally verified the status of that person and then, declared in a document with a signature and stamp of the verifying authority.

In all, this legitimate paper prevents marital fraud, preventing polygamy. It is obvious that discovering this information requires physical presence. For a foreigner, it’s a big challenge. So, this provision sorts it out.

Need this Proof Prior to Marriage

You may not submit it anytime. There are many legal practices like verification and paperwork involved in it, which are time-consuming. So, the migrant has to submit it a month prior to marriage.

How can you get a single status certificate?

Unlike a few years ago, the applicant has a privilege. They can apply it online. It means that there is an online application method to follow for seeking it.

However, some countries have authorities like PSA in Philippines that issue it as a certificate. But, the case of having no such authority can be addressed through A-Grade Gazette officer, which is available throughout the world.

Here is the common procedure to apply for this certificate of being unmarried.

Find the website of the embassy of the country you hail from.
Register with it and create a password to sign in.
Once done, sign in and then, search for the certificate application.
Download the form and fill up the requisite details while following the guidelines
Upload it with supporting documents for verification.
Pay out the requisite fee online using debit or credit card details.
Apply for the certificate/affidavit of bachelorhood online through the available option.
Save the receipt to track the status of your application.

This procedure may be limited to fixing an appointment also. In that case, you may have to follow these steps:

Go to the embassy website of your own country.
Find the online application to download and fill it up.
Fix the appointment for physical verification by visiting the embassy on the scheduled date.
Once done, visit the embassy while carrying all requested proofs of your identity, address, and witness’ proofs.
Then only, your application would be processed and you’ll get it in a few days afterward.

Documents Required for Verification

Passport or visa
Photographs
An affidavit stating that you’re single with more requisite details of address, identity, and witnesses
An affidavit on behalf of your parents stating that your bachelorhood with more requisite details of address & identity
Parents’ proof, their nationality card or driving licence
Birth proof, like birth certificate, NABC, school certificate
Address proof, like Bank Passbook & rental agreement
Decree Absolute if you’re legally divorced
Death certificate if your spouse is no more

Attestation of the Certificate

By attestation, we mean legalization. It is the process of verification and authentication of the document. The competent officer verifies the originality of the documents shown for the unmarried certificate. For this purpose, there are certain authorities that can legalise it. These are mainly the following:

The notary public

This is a legal officer incorporated with the local court. He verifies the originality of the documents shown as proof of marital intentions and identity. Once satisfied, he puts his signature and then, signs it up. However, this document may or may not be acceptable. It depends on the judicial rules pervasive there.

A-Grade Gazette Officer

This officer holds all rights to issue an affidavit of single status. It will be approved and acceptable worldwide. Like the notary public, he also examines the originality and validity of supporting documents. Therefore, the applicant may not require a notarized document prior to it.

The City or State government

Once issued, the affiant has to get it attested from the local government of his/ her own country. If physical presence is not possible, the person may appoint an attorney to carry out this process on his behalf. If you apply through the embassy, it gets the document attested from the competent department on its own.

The Ministry of Foreign Affairs/ Immigration Authority

This is third phase of apostilling or attestation, wherein you have to appoint an agent because a layman does not reach and apply directly for attestation. A registered or authorized agent should be contacted for this purpose. Once done, he takes the pain and gets it legalized in a few working days.

The embassy of the foreign country

This is the last level of legalization. You have to visit the foreign embassy and receive the signature of the consul there. At this level, the supporting documents may not be examined thoroughly. But, you should keep them handy.

Samples of Single status certificate format PDF online

Single Status Affidavit

(Affiant)

“I (name of the applicant), s/o or d/o (parents’ name) born on (D.O.B) in (place of birth), am single and eligible to marry Indian or other national according to law. I am unmarried (for unmarried)/ have no dependent from the previous marriage (for divorcee/widowed). ”

Single Status Affidavit

(Parents)

“We (name of parents), of (age, like 50 years), married citizens of (country) with legal address after having been sworn to the law, hereby state that we are the legitimate parents of (the applicant’s name) born on (D.O.B) in (address). We are the witnesses of his/her unmarried status till today (for unmarried). Or, his/her divorce and now he/she has no dependent from the previous marriage (for divorcee).”

FAQs

Why do you need this certificate?

This proof is basically required for solemnizing marriage with a foreigner. However, the person who is seeking employment or education abroad may also need it to prove that he or she has any dependent from matrimony.

Where can you apply for it?

The embassy is the best-fit competent authority that can help you in its online application. It should be from your native country or where you come from. You may explore its website and file an online application to seek it. It allows you to schedule an appointment for physical verification. You must reach there on time with valid proofs.

What is a single status certificate attestation?

It means legalization of the certification, which is done upon thoroughly examining the validity and originality of the supporting papers like Nationality Card, Address proofs, pictures, birth certificate, etc. There are four main authorities that attest to it-the notary, the A-gazette officer, the foreign ministry, and the embassy.

What is the apostille of the unmarried certificate?

It is also a method of legalization, which is carried out by the embassy or foreign ministry of the native country. The apostilling is required when you’re likely to get married in the member country of the Hague Convention. Upon this attestation, you won’t need any further legalization of this document.

Is apostille different for different countries?

No, it is not valid for all countries. 101 countries are members of the Hague Convention, which needs apostille services for all documents.

For the rest of the countries, you have to visit or contact the outsourcing agency, if in India and the embassy, if abroad.

What is the checklist of supporting documents for it?

Photographs
Original Passport & its photocopy
Decree Absolute, if divorced
Affidavit (of spouses, parents, and witnesses)
Death certificate (of a deceased spouse, if widowed)
Affidavit of the affiant and his/ her parents (two separate docs)
Original and photocopy of Aadhaar Card/ Voter ID Card/Driving licence

How much does its attestation cost?

The cost of attestation varies in different countries. Check the embassy website of your country for these details.

How many days does its delivery take?

The postal orders service has been discontinued for normal attestation. So, its delivery can take more than a month.

What is the validity of this proof?

The validity of this document is up to six months or one year. The person has to re-apply for it if he/she fails to submit it in time.

What is CENOMAR?

April 15, 2022 Manoj Sodhani Comments 0 Comment

About CENOMAR (Certificate of No Marriage)

A legally valid document stating that the bearer is single is called CENOMAR. It stands for Certificate of No Marriage.

There is a conflicting statement related to it. The divorcee can also be considered single or bachelor. It is simply because of being divorced. But, this statement should be legally on-paper. With it, one can easily apply for this bachelorhood certificate.

This certificate should be legitimate. Attestation can make it legal. This is why various countries have court or A-gazette officers who can issue its affidavit. Later, it is legalized by different authorities. There are immigration consultants who can help guide you on how to get CENOMAR.

CENOMAR Vs Single Status Affidavit

CENOMAR & affidavit serve the same purpose. The affidavit is a sworn statement, which is accepted as bachelorhood proof. It’s not necessary that every country has an official authority to issue this document. The USA, and many more countries are there where no official authority is to issue it.

In that case, the court or any A-gazette officer issues this certificate. Later, it is attested from the state and national level authorities.

This affidavit consists of all personal and familial details of the applicant, including name, date of birth, original address, parents or relatives’ details, and their proofs also.

What is the Purpose of CENOMAR?

Primarily, this document is required to apply for marriage registration. Several people go abroad on a temporary visa for different purposes. And coincidently, they find the right match there. In this case, they require this paper.

This is simply because the foreign government also requires assurance that their natives’ rights are safe. It also saves them from polygamy. Some fraudulent people think about gaining the permanent residency of the foreign. Marriage with a foreigner is an easy way to get it.

To avoid this practice, this certificate is made mandatory to present.

Besides, there may be some more reasons associated with it like employment visa, family residence visa, education visa, and business events etc..

However, it is not necessary that these visas would mandatorily require this single status proof. The authority in the foreign affairs ministry of that country would certainly probe to discover true intentions. This is why the interview is conducted, wherein the consul figures out the actual reason behind getting any visa. If he finds anything suspicious, he may reject your visa also.

Legalization refers to making this document legally acceptable across the world. For this reason, the immigration department of every country carefully examines and verifies it. Certainly, multiple supporting documents are to show up for its approval.

It is necessary to understand that there are two types of legalization.

Attestation

This is the process of verifying the authenticity and validity of the document. For this purpose, there are regional courts, notary public (in a few cases), state government, and national immigration department. Upon that, the CENOMAR is finally sent to the consulate of the country where the bearer is going to marry. There, the competent person does all verifications by cross-checking all original proofs.

Apostille

This is similar to attestation. The only difference is that it is required for the one going to any of the member countries of The Hague Convention. There are 90 members right now.

A person who has apostille the CENOMAR won’t require further attestation. It is simply because both are valid and serve a similar purpose.

Now, you should learn what documents can make verification easy.

Checklist of Supporting Documents for CENOMAR

Below, we are going to create a checklist of the documents that are required to support your application for the no-marriage certificate.

For Affidavit/Notary
- Birth proof
- Original and photocopy of Nationality Card/ Voter ID Card/Driving Licence
- Original Passport & its photocopy
- Photographs
- Decree Absolute
- Death Certificate
For State Attestation

Birth proof
- Original proofs of the residential proof (Voter ID/ Driving Licence)
- Affidavit
- Decree Absolute
- Death Certificate

For Immigration Department (Attestation/Apostille)
- Birth Certificate
- Original and photocopy of your Passport
- Affidavit
- Decree Absolute
- Death Certificate
For Embassy
- Birth proof
- Only original passport
- Decree Absolute
- Death Certificate
- And, affidavit of parents & self

All of these verifications may consume a month. So, the applicant has to apply two or three months prior to his/her marriage. Sometimes, the applications are rejected. So, it is significant to take one or two months’ intervals in bulk.

Validity

In some countries, this certificate will remain valid for six months only. However, this validity period may vary as per different countries’ rules and regulations. Therefore, try to apply and get this proof two-three months before your marriage.

Paid Service

This is a paid service. The government requests minimal charges, which are affordable. Every country has set a different price for it. You may check before this application.

How NRIs Can Get Single Status Certificate from United States?

January 31, 2022 Manoj Sodhani Comments 0 Comment

The single status certificate is known as with another name in the United States. It is called the Certificate of No Impediment. This is not a single name. There are some more ones to refer it.

Here are a few more ones:

Eligibility to Marry
Affidavit of Civil Status
Affidavit of Single Status
Affidavit of Marriageability
Certificate of No Public Record
No Record of Marriage Apostille
Certificate of No Record – Marriage
Certificate of Freedom to Marry Apostille

Why do you need it?

Like birth proof, it is evidence of one’s bachelorhood. The foreign ministry of the United States requires it from a non-resident when he or she is likely to solemnize marriage with its native. This is to ensure that there is no wrong intention, like getting citizenship of this country, associated with the prospective marriage.

Besides, the employer here may also request it from the non-resident employee. It is simply to discover how many dependents he or she has.

But mostly, it is required for matrimony. So, the applicant has to apply for it three months prior to the marriage. This can help him/her to get verified before marriage. Else, it can be delayed. Without prior submitting this document, the marriage is not permitted.

How can you get it in the USA?

This document is basically issued as an oath or a sworn statement. It ensures that you are genuinely the person you claim to be and free to get married.

You may visit a notary public for drafting this single status certificate as an affidavit and get it notarized. Or, you have an alternative to meet a matter expert in this regard. He can guide you through the entire process of how to get a single status certificate in the United States. His guidance can help you to include or exclude important details like information about your fiancé and his/her parents in the document. This can help you to get it attested in a go. You face no rejection or refilling for it.

What all you can do is to follow these steps:

For citizens, it is a must to submit the “no record of marriage” before “certificate of no impediment”. Or, you may talk to the County Clerk, or supervisor to guide you.
Once issued from the County Clerk’s office, you won’t need any notarization.
NRIs visit the US embassy website: “usembassy.gov” to get through a full list of addresses, phone numbers, and websites for each consulate. Find the nearby one from the list.
Schedule an appointment online at the website.
Go to the nearest American Consulate or Embassy in the country where you are located.
Get there for your appointment and show your passport & other documents.
The U.S. consular officer will ask you a number of questions, like for your passport and the names of your parents, about your birth certificate, and other details.
Once satisfied, the competent person will write the affidavit and have you sign it. Then, he himself signs & attests it to make it valid.
Then, get it apostilled or attested from the Washington DC embassy office.

Checklist of Documents to Enclose

Before visiting there, you should have all documents ready. Here is the list of all of those certificates and papers:

Passport
Valid Driver’s License
Birth Certificate
Social Security number
If divorced, Decree Absolute.
If widowed, Death Certificate of previous spouse (and Marriage Certificate).
I-94 (if came as a refugee in the united states)

About Fee

Once done, you have to pay out the relevant fee. This can be revised over time.

Obtaining an apostille service for this certificate can be complicated. Don’t leave this process to untrained employees or non-professionals. They do not fully understand the apostille process and the associated requirements/documents of certain countries. Consequently, your paperwork could be rejected. It may cost you time and money also. So, avoid this happening and hire a professional consultant or legal advisor to guide you through this process.

What is the Proof of Marital Status in India?

June 14, 2021 Manoj Sodhani Comments 2 comments

The proof of marital status in India is a document that proves an individual’s state with regard to a marriage. These documents can marriage certificate, divorce decree or legal separation paperwork. Sometimes, the spouses live at two different addresses. In that case, any government authority requires the proof of separate addresses of both, husband and wide. These proofs can be lease agreements/mortgage statements or utility bills-whatever the document of separation reads. NRIs need any of them if they have any requirement in their jobs or work or documentation to fulfill.

In the nutshell, India or any other foreign country accept the above mentioned proofs of the marital status. These are what the proof of marital status in India called.

However, this country follows the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954 to register this status.

The Registration under the Hindu Marriage Act, 1955 is applicable in the case where both husband and wife are Hindus, Buddhists, Jains or Sikhs, or the converted ones of these religions.

Registration Procedure

Visit the SDM office or online search the form to apply to the sub-registrar under whose authority area the marriage is solemnized. It can be the area of either husband or wife where the marriage held.
Fill the application form. Sign it and attach two photographs of the marriage ceremony, invitation card, age and address proof of both.
An affidavit of notary/executive magistrate can also be the proof of wedding, healthy mental condition and non-relationship between the parties within the degree of prohibition.
Attest all documents by a gazetted Officer and the parties.
Submit the application form with a fee.
The cashier at the sub-registrar will provide a receipt once the documents are verified. The competent person will ask the couple to get the document on the said date after the registration.

Conditions to Fulfill

Neither party has a spouse living at the time of the marriage (in the case of remarriage)
Neither party should be incapable of giving a valid consent to it (in the case of unhealthy mental condition)
Neither of them should be suffering from any mental illness to such an extent that it would lead to an unfit marriage.
Neither of them has been suffering from insanity or epilepsy (seizure).
The bride should be of 18 years and the bridegroom is of 21 years at the time of marriage.
The relationship by half or uterine blood as well as by full blood or by adoption is not allowed.

Exception: Although customers are important. But, people may marry even if they do not fit to the given conditions.

Punishment: The marriage which is recognised between the parties if it falls under the prohibited relationship.

Such people are penalized with a simple imprisonment for one month or a fine of Rs. 10000/- or with both.

Special Marriage Act, 1954

This Act applies to all citizens of India who register their marriage under the Special Marriage Act, 1954.

Those who want to register marriage under this Act have to give a notice in writing prior in the area (jurisdiction) where the bride or the bridegroom has been living for not less than 30 days when the notice was given.

A copy of notice is put on the notice board of the registration office and another copy is sent to the marriage officer of the area. After a month, the marriage can be held if no objections are made. But, if the inquiry points to something objectionable, the marriage cannot happen.

Documentation Requirements

This Act deals with the registration and the marriage.

Passport size photographs
The age and address proofs of both parties are must.
At least three witnesses with their voter id, aadhar card or any other identification document are required.
An affidavit concerning with the marital status, fit mental condition, non-relationship between the parties within the degree of prohibition is required.

Marriage Registration Online

You may register it online. Unfortunately, this facility is restricted to a few metropolitan cities in India, as for Delhiites who may visit: http://edistrict.delhigovt.nic.in/ to complete the registration procedure online.

Select the district where the applicant lives.
Fill in the details of the husband/wife.
Select the ‘Registration of Marriage Certificate’ option.
Fill in the necessary details required in the form.
Choose the desired date of appointment.
Select the ‘Submit Application’ option.

Once done, an acknowledgement page will appear. It shows all the relevant details of your appointment and instructions that need to be followed. There is a number on the slip. The applicant must print and save a copy of the application form and acknowledgement slip.

Accompany witnesses of the either party with their PAN card or residence proof on the date of appointment at the sub-registrar office.

CENOMAR Is Must To Show in Interview for K Visa To USA

March 11, 2021 Manoj Sodhani Comments 0 Comment

Interview is crucial when it comes to seek visa for the USA, or other countries.

Candidates should know everything prior to scheduling for a visa interview.

Here is a roundup of all details that you need to know before going on an interview of K visa, which belongs to the USA. But still, it’s better to contact with an experienced consultant as Services2NRI is, for getting the details over the same.

K-Visa

The K-1 visa allows foreigner fiancé to come down to the USA and solemnize marriage with the USA citizen sponsor within 90 days of arrival.

At first, you should complete your pre-interview rounds, such as preparing a checklist of all documents that are required to show up for verification by the consul. CENOMAR is one of them, which you must have, but often skip to carry along with other ones.

Checklist of all documents

Appointment letter for visa interview
Payment proof of K visa application, which you have paid
Passport whose validity remains for at least six months from the date of issuance
DS-156 AND 157 FORMS (DS-156 K is required for K1 visa applicants)
Birth certificate
NBI clearance certificate, which is necessary for the applicants of 16 plus years whose name is in the valid Record Clearance, if you are from Philippines
Police clearance certificate (PCC), which should be not more than six months old.
Court and prison records to show that the applicant was detained, charged or convicted for a crime (if one has criminal history).
Enclose the transcript of PCC and court or prison records
Military or police service records & photocopies, if the candidate has the background of military or police services.
Evidence of financial support, which can be proved through petitioner’s affidavit of support, federal income tax return (Form 1040) and wage statements (Form W-2s)
Proof of meeting prior to the application for visa
Evidence of a genuine engagement being done, which can be any documents that show up that your intentions for marriage are clear and genuine.
Certificate of No Marriage Records (CENOMAR) for bachelors, which represents that you have never contracted marriage.
Marriage certificate for K3 visa applicants only, which needs a photocopy of the certificate
Transcripts of all documents in English with the original certificates
2 inches by 2 inches sized two photographs with a white background and head in the center, which should be recently snapped and not more than six months old.

Don’t take along these to embassy

The rules are strict to be followed when you are likely to visit embassy. Cell phones are not permitted to be taken along with. In addition, you cannot bring any electronic device to the place. If you do so, your entry would be denied.

Interview lasts for hours

You should have clarity in your mind that the interview may take several hours. Even, you may have to come the next day if the Embassy has something more to know in regard of your application.

Visa delivery

Your visa will be delivered directly to where you have mentioned in the address. It won’t ask you to pay additional cost for it.

But, if you want to get it by yourself, you can collect.

S2NRI

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