Is it easy to solemnize marriage in foreign?

For natives, it’s no big deal. But, the non-residents often encounter difficulties. The foreign immigration officers make their life hell before it. They undergo a rigorous probing session. It’s a tug of war situation. The consul tries to acknowledge whether or not there is any hidden malicious intention beneath. Fraudsters follow bigamy without informing foreign spouse. The idea of acquiring foreign citizenship tempts them. Consequently, all lives split in matrimony. It leads to litigation subsequently.

However, the Indian government has initiated a concrete step to fight this illicit practice. The Ministry of External Affairs (MEA) has executed the law of marriage registration for NRIs. The non-resident diaspora has to formally get the marriage certificate within 30 days post-wedding. Otherwise, their passport will be revoked. The detention and penalty can further intensify their pain.

The imposition of this law led to impounding of 45 passports of the culprit NRIs.  This step is an outcome of rising cases of fraudulent marriages. They encountered issues and challenges in NRI marriages. The MEA got 203 cases in its knowledge between 2012 and 2015.

This situation might not that much severe, if the emigrants’ documents were checked strictly. However, this examining could delay the immigration process. But, it can save many lives. This blog specifically highlights the documentation problems that cause delay in NRI marriages abroad.

Issues and challenges relating to NRI marriages:

1. No Single Status Certificate: This certificate is also known as the Certificate of No Marriage or bachelorhood certificate. If you’re single, this certificate certifies this fact. It’s noteworthy that a person is said to be ‘single’, if he is unmarried or divorced.

Many European and Asian countries seek this certificate before applying for marriage abroad. The immigrant has to present it to the civil authority, like NSO in Philippines, in the country of his temporary residence.

Solution: How to apply for this certificate?

• Every person whosoever wants to tie a knot in the UK, Australia or another country can apply for this certificate to the court.
• He/she should visit the court nearby his/her home in India.
• Remember that there is no civil authority in India that issues it.
• Enclose the affidavit (a sworn document) stating that you’re single. Besides, mention the parents’ name, permanent address and date of birth on it. Also, attach the photocopy of your passport, visa, voter ID, bank passbook or electricity bill as supporting documents to verify the name, address and citizenship.
• Notarize it.
• Get it attested by the magistrate.
• Subsequently, visit the embassy to get it attested from there also.

2. Insufficient documents, like birth certificate, divorce papers: The application for marriage offshore can be rejected due to insufficient certificates, like a birth certificate or divorce papers. Sometimes, this happens when the place set ablaze and they have burnt there. Or, they might be washed away or washed off by mistake. Or, a thief might have stolen them.

How to get birth certificate?

The registrar or sub-registrar of the Municipal Corporation re-issues the birth certificate. You can:

• File an application for the Non-Availability of Birth Certificate (NABC). It is issued, if you want to re-apply for the same.
• The registrar will verify your application by seeing the enclosed documents. It can be your school certificate with name, birth date, photograph and address details.
• Pay the requisite fee.
• It may take 60 to 90 days, as the registrar has to check his record-books.
• Afterwards, the certificate is dispatched to the residential address.

3. Misspelt documents: It’s a major problem. The parents often ignore what spelling the registrar of the Municipal Corporation or the Magistrate is putting on the certificate. Sometimes, we also make the same mistake. It will cause blunder in the future. The passport and visa authority doesn’t accept birth certificate and PAN card/ Bank pass book with different spelling, be it of name or location. So, the person has to go back to the drawing board. He has to re-apply for the certificates with the correct name.

How to apply for the correction in name on your birth/school certificate?

• Get an affidavit from the court & notarize it.
• Visit a regional newspaper office.
• Apply to publish a public notice for changing the name. Mention the correct name in it with reason.
• When it is published, visit with the two copies of that newspaper to the court.
• Get it attested by a Gazette officer while verifying it with deed changing name form, which is available with the Controller of Publication (Publication Department). Also, show the address proof.
• Then, visit the MEA for attestation.
• The change of name and certificate attestation is a payable service. The cost may vary in different places.

4. Attestation/Apostille/Notarization: These are the attestation services, which are mandatory to get through before immigration. The certificate is called valid if it carries the stamp and signature of the competent authority. Commonly, the proof of residence, schooling and birth is attested to turn them into a valid proof. Every state has its own authority to attest various certificates. In India, these authorities hold the competency of attestation of various documents:

• Birth Certificate/NABC: Registrar at Municipal Corporation, Sarpanch of Gram Panchayat, Medical Officer
• CENOMAR/Bachelorhood Certificate: By a Grade A Magistrate
• Police Clearance Certificate: By the MEA (at the time of passport application)
• Voter ID: By Grade A Gazette officer
• School Certificate/Mark Sheet: By Grade A Gazette officer and the MEA
• Passport/ Visa: By Grade A Gazette officer/Notary Public and the MEA
• Address proof: By Grade A Gazette officer/Notary Public and the MEA