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How Can NRIs Get Married Overseas, Especially in the UAE?

How Can NRIs Get Married Overseas, Especially in the UAE?

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NRIs (Non-Resident Indians) can solemnise marriage in a foreign country. However, there are many barriers, especially legal roadblocks. But, there is always a way. So here in this blog, we will see how this can happen.

Certainly, you have to fulfill legal requirements. There is a certain procedure in every particular country that you need to follow for marriage. The process may vary from country to country. But in general, the following steps are involved:

Apply for a Single Status Certificate

It’s like a marriage licence, which states that you’re single and solemnise a marriage. Here, a thing might be conflicting, which is related to singleness. Being single does not mean that you’re a bachelor. You can be married and then, got separated or widowed, or even got a divorce. In these all conditions, you will be considered single. To prove it all, you need to present a document called a single status certificate, which is also known as a single status affidavit/ bachelorhood certificate/ certificate of no impediment, etc. Depending on the country, NRIs may need to obtain it from the relevant authority. Here, single status apostille is important if you want your application be accepted. Your country’s embassy legalizes it. This may require providing proof of identity, residency status, and other documentation.

  1. In particular, these documents may vary, which completely depends on the jurisdiction where the certificate is being issued from. However, some common documents that may be required are given below:
  • Proof of identity: A valid passport or government-issued identification card, which includes a photograph, name, and date of birth.
  • Proof of single status of parents: This may vary by jurisdiction, but typically includes an affidavit (a sworn statement) or declaration by parents or relatives, stating that the applicant is single and has never been married/ got divorced, or widowed.
  • Birth certificate: A certified copy of the applicant’s birth certificate, which may be required to verify the applicant’s identity and age.
  • Police clearance certificate: This is not mandatory in all cases. Some jurisdictions may require a police clearance certificate to ensure that the applicant does not have a criminal record.

Once the documentation part is done, you can move to its registration.

2. Find a Marriage Official

Non-residents can find a marriage office in a foreign country, which is authorised to conduct a marriage ceremony. This may include religious officials, judges, or other authorised individuals.

3. Schedule the Wedding Ceremony

Once the single status proof is obtained, and it is known where to apply for the marriage, NRIs can schedule the wedding ceremony at a convenient time and location. Typically, this time period can be one to three months long. Here, the would-be spouse should hurry for the application of single status proof because it’s time-consuming and may get delayed if the documents are not valid. So, apply for it at least 6 months before and then, schedule the ceremony.

4. Complete the Legal Requirements

The applicant should ensure that they comply with all the legal requirements of the foreign country. This may include registering the marriage with the relevant authorities, obtaining a marriage certificate, and complying with any other legal obligations.

5. Notify authorities

NRIs should notify the authorities like SDM in their home country about the marriage, as this may have implications for immigration and other legal matters.

Taking a piece of legal advice and assistance from a qualified attorney or immigration consultant in a foreign country can help you comply with all the legal requirements and procedures for getting married. It is simply because the rules or laws are updated over time. So, taking a piece of advice from an expert consultant can help.

Non-Residents of UAE-Marriage Law Updated

There is a case of such an update, which is associated with the UAE’s marriage law. It has been significantly changed. Now, non-Muslim couples can now tie the knot through a civil ceremony. If they are Dubai residents, they can have a marriage license within 24 to 48 hours.

Previously, non-Muslim couples could only wed through a religious ceremony. Or, their embassy/consulate would be a place to exchange wows. With the introduction of the new law, non-residents or non Muslims communities can arrange marriage through a civil contract, without a religious ceremony.

How Can Non-Muslims Get Married in the UAE?

  • To qualify for this new law, both spouses must be non-Muslim.
  • They must be over 21 years old, and have a Dubai residency permit.
  • They must provide proof of their single status through an attested marital status certificate from their country’s embassy.
  • The required electronic documents should be translated to Arabic by a UAE Ministry of Justice-approved entity and attested by the Ministry of Foreign Affairs and International Cooperation in the UAE.
  • For document verification, original IDs, such as the passport and Emirates ID, are also required.

Once all the documents are ready, the spouses can submit their application at one of the Dubai Courts Customer Service Centers. There, a service fee needs to be paid out. The notary public or judge will verify and approve the application. Once verified, he will issue a digital certificate, which may take 24 to 48 hours. The couple can sign the marriage contract at the court once they receive the approval to complete the process.

Single Status Certificate From United States
How NRIs Can Get Single Status Certificate from United States?

How NRIs Can Get Single Status Certificate from United States?

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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.

How NRI Can Get Certificate of No Impediment
How NRI Can Get Certificate of No Impediment?

How NRI Can Get Certificate of No Impediment?

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Being an NRI, you need to have a certificate to show that you are single and have no dependent from previous marriage.

How do you get it?

Here are some ways to get it.

To know how to get a certificate of no impediment, you need to follow two ways:

  • by applying in person at the Indian Embassy in the country where you live
  • by sending documents signed in front of a local Public Notary via post

First Method: From Embassy

  • Make an appointment at the Embassy as earlier as one month before the marriage to notify that you are going to marry with a foreigner
  • Enclose photocopies of all supporting documents needed to verify your claim for the single status affidavit in India
  • Show proof of your employment and residence in the foreign for the Certificate of No Impediment by means of residence permit, air ticket, etc.
  • Annex the original Decree Absolute if you have been married before and divorced/ marriage annulled
  • Show the Notice of Marriage and affidavit of your parents

Second Method: Attesting Documents from India

For this, you need to send the documents for attestation and notarization to the competent authorities like the court, SDM and the Ministry of External Affairs (MEA).

Checklist of supporting documents:

  • Aadhaar Card
  • Scanned copy and origin Notice of Marriage
  • Affidavits for notarization and attestation or apostille
  • Dully filled application form for the certificate
  • A certified copy of your valid passport
  • If widowed, Death Certificate of previous spouse (and Marriage Certificate)
  • Deed Poll if you have changed your name

The non-residents may send all these documents to Embassy by themselves or relatives or friends can also do this job on their behalf. If you have an attorney, make sure that he has a signed letter that reads about the given authority.

Fee Structure

  • SDM attestation – INR 2000 to INR 3000 (as per location)
  • Fee for Notary – INR 350
  • Fee for Attestation – INR 105
  • Fee for Apostille – INR 50

How long does it take?

Since it’s a time-consuming task, you need to raise a request one or two months before your marriage. The attestation may take many weeks, as it has to go through many stages from the competent authorities in India.

Besides, you need to keep into account that there are four authorized outsourcing agencies that are competent to place a request for attestation with. You need to ask them, as the MEA or the state government does not attend any direct request for this.

What does it read?

As aforementioned, you need to enclose two affidavits, one –for yourself and another-for your parents. Being a sworn statement, it should include all these details so that the authorities can verify them with the enclosed supporting documents.

  • Date of birth:It is compulsorily asked by the authority before attesting.
  • Passport number: It is a legal document that shows nationality and also the authentication number, which one has to mention for getting this certificate.
  • Complete address:This detail helps the competent authority to tap the affiant’s country and residential information.
  • Witness’ statement: This statement is essentially required to support affiant’s claim of this certificate. So, provide it with the applicant’s docs & affidavit.
  • Competent authority’s verification: The competent authorities verify the authenticity of the presented documents. Therefore, the affidavit’s closure should mention this sentence:
    “I solemnly confirm that all the above information is true and correct.”
  • Date of verification and signature: The applicant has to mention the date of filing for the affidavit along with his/her signature.

How NRIs Apply for Single Status Letter for Marriage
How NRIs Apply for Single Status Letter for Marriage?

How NRIs Apply for Single Status Letter for Marriage?

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Single status letter for marriage is known as single status affidavit in India. Non-residents require it when they are likely solemnize marriage with a foreigner. It is an oath attested by the court, which reveals that the affiant is single.

In general, the foreign authorities like PSA or Philippines Statistics Authority are set up in the European and some Asian countries that administer such requests. But since India has no provision to check for the bachelorhood status of even the foreigner, we don’t have any authority, but the court to look into this matter.

Three Single Status Letters Required

Yes, you read it right. You need three single status letters for marriage. But, these all should be drawn by the applicants (both spouses) and their parents from the court.

An affidavit is a sworn statement, affirming that the boy or girl who is going to marry is single. In short, you declare the details related to your matrimonial status, date of birth and address.  These all details are shared in front of the deponent, who creates this statement on your behalf.

The deponent monitors your approach and every expression to analyse the genuine interest. Since it shows facts that are true to his knowledge through the statement of the witnesses, it can be used as the evidence in any court later at any point of time.

  • Letter Formats of Applicant

“I, (name of the applicant), s/o or d/o (parents’ name) born on (D.O.B) in (place of birth), am eligible to solemnize marriage according to the jurisdiction of India and foreign.  I am single (for unmarried)/ & have no dependent from the last marriage (for divorcee/widowed). ”

  • Letter Formats of Applicant’s Parent

“I (name of parents), of (age, like 50 years), married citizens of India or foreign with legal address…sworn by the law, hereby states that I’m the guardian/ parent of (the applicant’s name) born on (D.O.B) in (address). We are the evidences of the fact that he/she has never been married with any man/woman till today (for unmarried).

Or, he/she is divorced now and has no dependent relation from the last marriage (for divorcee).”

Once you draft it, the court verifies your oath with the original documents of your address and date of birth. You need to enclose them with the sworn document.

Documents needed

In short, the verification requires these documents to be verified:

  • You need to submit the aforesaid Affidavits.
  • Enclose  either AADHAR CARD or PASSPORT as an address proof of the applicant.
  • Provide documents such as Birth certificate/schooling certificate as a proof of birth.
  • Attach a letter from his/her parents stating that “the applicant is single” and enclosing their Aadhar cards.
  • For Divorcee applicant, submission of Decree Absolute is necessary
  • Likewise, the deceased spouse’ death certificate is required if the would-be spouse is widowed.

Process to Follow

Every court has notary public, who drafts it. Once it is drafted, the affiant needs to get it attested from the State Home Department or Sub Divisional Magistrate (SDM). So, the NRIs can select either of these two ways to get it attested. Later, it is sent to the MEA for apostille stamp or its attestation.

MEA apostille (stamp) on the ‘SINGLE STATUS CERTIFICATE’ is enough if one is going to marry in the country, which is listed in The Hague Convention list. Otherwise, your single status certificate needs to be verified with the MEA prior to getting EMBASSY ATTESTATION.

In all, your document is verified thrice by different authorities in India. The state verification takes relatively long time in processing because the state authentication has to cross check every detail’s authenticity. Once it’s done, it is forwarded to the MEA for counter-attestation.

The MEA verifies it quickly, but through registered agents or NRI services providers. It is completed in less time because the authority only puts stamp, but no background verification.

Validity Expires in 6 Months

You should remember that the validity of this document lapses in six months. So, make sure that your marriage will be solemnized within that time period. Otherwise, you need to start the application procedure from the scratch.

HOW DO NRIS APPLY FOR SINGLE STATUS AFFIDAVIT?
How Do NRIs Apply for Single Status Affidavit?

How Do NRIs Apply for Single Status Affidavit?

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Single status affidavit is the legal evidence issued by the district magistrate (DM) or sub-divisional magistrate (SDM) in India. It is also called the Single Status Certificate, Certificate of No Record, Certificate of No Impediment, Certificate of Nulla Osta, Single Statutory Declaration and Certificate of Legal Capacity of Contract Marriage.

This proof is necessary to submit with the embassy and immigration authority when you are likely to solemnize marriage with a foreigner abroad.

How to Apply?

To know about how to apply for the single status affidavit, let’s get through the entire procedure that you, being an NRI, need to follow:

  • Visit the court where you are from in India. Or, you can ask in embassy for the affidavit.
  • Provide all necessary details to the attorney or your relative/friends if you are getting it from your native place. Else, you need to fill the form providing all details like passport number, address, date of birth and other details.
  • Get it notarized from the court.
  • At the background, the authority will get the stamp from Sub district magistrate or District magistrate or Court.
  • Then, one needs to contact the outsourcing agencies, which are just four in the entire India. You can get their details from the official website and Services 2NRI.
  • The outsourcing agent will get it attested from the home department of the Ministry of External Affairs or Apostille.
  • Enclose a demand draft worth INR 50 for the postal order.
  • Submit it to the Indian embassy or to other foreign embassy where you want to solemnize marriage.

Attestation of this affidavit is the most tedious task. And, the substantial thing is that you cannot get it done by yourself. The Ministry of External Affairs does not accept any request for attestation of this affidavit in person. You need to raise a request with the authorized outsourcing agent.

The foreign authority may require parent’s affidavit also. The procedure for it would be similar.

Documents Required

  • Aadhaar Card
  • National identity card or Passport
  • Address proof
  • If divorced, Decree Absolute
  • If widowed, Death Certificate of previous spouse (and Marriage Certificate)
  • Deed Poll if you have changed your name
  • Affidavit of parents

Fee Structure

  • SDM stamp- INR 2000 to INR 3000 (depending on the location)
  • Fee for Notary – INR 350 (if there is any)
  • Fee for Attestation – INR 105
  • Fee for Apostille – INR 50

Processing Time

The apostilling or attestation takes maximum to maximum ten days. In short, you need to apply for this document a month ago for coming across any kind of hassles.

What does it read?

Being a sworn statement, it should read like this:

SINGLE STATUS AFFIDAVIT

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

The foresaid information of mine is true and correct.”

Solemnly Declared at (City/District, State, India) on (Date) DD/MM/YYYY

 

Likewise, the applicant may also require submission of the parent’s affidavit. It should read as:

AFFIDAVIT

“We (parents’ name), of (age), married citizens of (country) with legal address after having been sworn to the law, hereby state that we are the legal parents of (the applicant’s name) born on (D.O.B) in (address). We are the evidences of the fact that he/she has never been married with any man/woman till today (for unmarried).

 Or, he/she is divorced now and has no dependent from the previous marriage (for divorcee).”

Solemnly Declared at (City/District, State, India) on (Date) DD/MM/YYYY

 

What is Single Status Certificate
What is Single Status Certificate?

What is Single Status Certificate?

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A Single Status Certificate specifies marital status corresponding to the judiciary legislation of the country. However, Indian court or embassy accepts a self sworn statement or an affidavit to attest, which states that the affiant is single or, has no dependents from the previous marriage. If you ask what the single status certificate is, it refers to a legal document that discloses the matrimonial background, if there is any, revealing one’s eligibility for wedding in the foreign country.

This is basically a precautionary measure for governments to save their citizens from being victimized with polygamy. More than one marriage is not legally valid in many countries. So, it is a judicial law to have just one spouse.

Attestation Is Essential

A sworn statement would be considered just a plain statement, stating your marital status. The foreign authority does not accept it unless it is approved or verified by the competent authorities. So, you have to get validated at the state and central government level before moving to the embassy for a final attestation.

Here is a blueprint of which authority is going to attest on that affidavit step by step:

  • Notary

A notary public is an officer who notarises the bachelorhood affidavit. He works at the ground level, attesting it in the court. Before putting a stamp, he verifies all documents with his analytical eyes while deeply figuring out your gestures. He signs when he gets satisfied with all documents & your intentions.

  • SDM

A short for Sub-Divisional Magistrate, the SDM is competent to authorize the single status certificate in India at district level. He verifies the affidavit before counter-attesting it to prove that it is valid from all aspects.

  • MEA

Also called the Ministry of External Affairs, the MEA is the topmost authority working in the center that you cannot skip for attestation. It has appointed a few agencies to collect and come for NRIs or emigrants’ attestation services in all states of India.

  • Embassy

This is the last authority in a sequence to get certificate of non impediment for marriage attested for the non-residents of India who are temporarily living in the foreign country. Upon getting this certificate apostilled from the MEA, this particular document is sent for the counter-attestation of the Embassy.

POA for Getting CENOMAR from India

Power of Attorney or POA empowers the stated person to represent the attorney giver. This is a common case of NRIs who cannot come down here more often. So, they appoint someone who is near or dear for handing over POA. This power defines that the attorney is approved or permitted to perform legal proceedings on their behalf.

He or she drafts an affidavit at first. Once it’s all done, the applicant visits the nearest DM or SDM office to get his/ her signature on that document. Later, he gets the MEA stamp or apostille sticker for legalizing the document. Lastly, the attorney visits the Indian Embassy to get its stamp on that affidavit.

Apply Via A Consultant

This is easier to carry out, visiting a professional in an agency and submit the requisite documents. The agent makes sure that the document is being attested and apostilled from the state and the Ministry of External Affairs (MEA).

It is recommended to approach a highly experienced agency for getting professional assistance. It is simply because only a professional knows how to sail across all glitches coming your way. It can save many hours and money, promising that the document will be verified and delivered within a stipulated time without any error or discrepancies.

Documents To Be Enclosed With Affidavit

  • 3 sworn statements of the applicant and two witnesses (that can be parents or relatives)
  • Birth proof
  • Visa Number
  • Passport number
  • Complete address

In addition, the document should have properly attested and validated by the requisite state and central government administration. Although it can be time-taking procedure, yet you can get it, certainly.

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