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How NRIs Apply for Single Status Letter for Marriage?

February 12, 2021 Manoj Sodhani Comments 0 Comment

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?

January 30, 2021 Manoj Sodhani Comments 0 Comment

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?

November 5, 2020 Manoj Sodhani Comments 0 Comment

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.

Court Marriage in India Requires Certificate of Being Single

March 23, 2020 Manoj Sodhani Comments 0 Comment

India permits solemnizing marriage as per rituals under the Hindu Marriage Act, 1955. This marriage requires no particular document to be produced before marriage. On the contrary, the Special Marriage Act, 1954 is governed by the court across this nation. It is precisely called the court marriage, which takes place between two parties from the same or two different countries. It is held irrespective of any caste, religion or race to let you legally married.

The interested parties can directly visit the marriage bureau or the SDM office to apply for the marriage certificate. If you are a foreigner or an NRI, you can go through the procedure of getting an affidavit of single status from the Tehsildar and then, the SDM office in India. It is recognized as the ‘certificate of no impediment’, nulla osta, CENOMAR and bachelorhood certificate. This certificate is notarized by the notary and the, apostilled from the Ministry of External Affairs (MEA) respectively.

Subsequently, you can get through the legal procedure of getting married in the India’s district court.

How can I legally get married in India?

Visit the office of the Marriage Registrar in the district wherein either of the would-be spouses has been living for the period of at least 30 days immediately preceding the date on which such notice is given.
Apply for a ‘Notice of Intended Marriage’ there.
Upon verification, the Registrar of Marriage can raise the notice of the then published for inviting objections, if he finds any issue.
Post 30 days from the publishing of the notice of the intended marriage, the wedding bells can be rung provided there is no objection by either party.
It may take place at the specific marriage office.
On the big day, the spouses should have at least three witnesses with them to witness the registration and solemnization of the marriage.

Format of the Notice of Intended Marriage:

Can it be done in a day?

If you have all documents in place, it may take just a day or two.

Documents to be presented by NRIs or natives for the Court Marriage in India:

Application form duly filled and attested by the bride and the groom
Documented proof of birth of both would-be spouses, such as matriculation certificate/ passport/ birth certificate
Receipt of the fee paid against the application form in the District Court
Documentary evidence of the residence, such as ration card or, report from the concerned Station House officer, of one of the spouses, who is living there for more than 30 days
Affidavit of being unmarried, or single status certificate, from bride and groom stating the date of birth and present marital status (unmarried/ widower/ divorced)
An affirmation that the would-be spouses do not hail from the prohibited relationship defined in the Special Marriage Act
Passport size photographs of both would-be spouses two each, which should be duly attested by the gazette officer
A photocopy of the divorce decree/ the court orders in the case any of the spouses is a divorcee or, a photocopy of the death certificate if either of spouses is a widow/ widower

Documents required for the foreigners:

A copy of the passport and visa
An NOC certificate or CENOMAR from the concerned embassy
A duly attested by SHO documentary proof of residence in India, which should state that the foreigner is staying here in India for 30 or more days

As aforementioned, the certificate of no marriage can be obtained from the competent authorities in the foreign or the embassy. Apply for this document one month prior to the marriage so that it would not cause any delay in entering the new phase of your life.

Steps to Get Certificate of Freedom to Marry from India

February 25, 2019 Manoj Sodhani Comments 0 Comment

Are you required to submit the certificate of freedom to marry from India?

Before knowing where you get it from, let’s go through its definition.

What is a Certificate of Freedom to Marry?

Many-a-times called Single Status Certificate/ Certificate of No Impediment/ Certificate de Coutume/ Certificate of Nulla Osta/ Bachelorhood Certificate, the certificate of freedom to marry is a legal declaration stating the bachelorhood of its bearer.

Simply put, it is a valid declaration of NRIs from the country of origin about your freedom to marry.

What should you know to get this certificate from India?

Almost all European countries and a few Asian countries mandate that the marriage applicants should provide a valid proof of their bachelorhood before marriage. However, the diversity of religion doesn’t allow India to come with such kind of provision in the country. This is why there is no formal setup of a competent authority that can issue it.

Who does issue this certificate in India?

But, the foreign countries mandate to provide it before solemnizing marriage. Then only, the couple can exchange woos. While keeping this requirement into account, this authority is assigned to the court magistrate. It is segmented as a civil service. Therefore, the court can issue it.

Drill into head that the Municipal Corporation is not the right authority to administer this request.

Single Status Affidavits:

A single status affidavit defines a sworn document wherein an affiant (the applicant/would-be spouse) declares in writing that he/she belongs to a specific location. Also, the citizenship of a particular country should also be defined there. In simple words, you being an affiant should put your identity, location, parents and citizenship on the affidavit. These details should follow your status as a bachelor/ married/ divorced/ widowed.

Notarize

Sometimes called the ‘Notarial Act’, the process of notarization is a practice of certifying, attesting and authenticating any instrument. This instrument can be any banking transaction or a court document. The certificate of freedom to marry is a court document. So, it may require translation and verification from one language to another. Let’s say, an NRI is going to solemnize marriage with a French citizen. In this case, this certificate should be translated into French as per its immigration norms.

The notarizing or attesting of unmarried certificate is done to prevent fraud and assure spouses that the document is voluntarily signed. He/she has willingly written. Eventually, the notary public, a competent authority, verifies it while putting his stamp.

Supporting Documents: An NRI should have these documents to support your application for this affidavit:

ID proof
Address proof
Passport/Visa
Birth Proof
Parents or witness identity proof
Decree absolute, if divorced
Death certificate, if widowed

Steps to get this certificate from India:

Visit the court or send your Power of Attorney (PoA) on your behalf.
Purchase a stamp paper to write the oath.
Get it typed by the notary public and then, get the affidavit attested.
The notary public will check its authenticity and you need to sign on it before him.
Visit the magistrate to get this certificate attested.
Show all supporting documents that you come along with to verify.
Afterwards, you have to visit the Ministry of External Affairs (MEA) for attestation from HRD.
Pay requisite fee.
You have to verify it with the Indian Embassy.
Lastly, the embassy of the resident country will need it to authenticate your status.

These steps will help you get the certificate sans any hassle. If you have a digilocker, you can send a request to your relative or PoA to upload this no marriage certificate from India in your account. Subsequently, you can download its soft copy from that digital locker.

Correct Way of Filing Single Status Affidavit in India to Wed

February 21, 2018 Manoj Sodhani Comments 0 Comment

Are you confused over how to file for the single status affidavit in India?

Alas, solemnizing marriage in the foreign country would be as simple as falling in love! It can be your story as well. The foreign land is not as liberal as India. You need to present a document in support of your single status. It’s licit as per the foreign law.

How would you get it?

What documents do you need to support your bachelorhood application?

Do you need to fill any application form? Or, do you need to have an affidavit?

These questions would be drilling into your head. It’s obvious.

Let I put off your curiosity through these tips. I would briefly mention the name of the documents required and its application procedure. The most important aspect is filing the single status affidavit in the court.

How can you get it?

Your dilemma is valid as India has no competent authority for addressing this problem. Hundreds of emigrants with an Indian passport stay in the USA, UK, Malaysia and other nations. While giving their career a long flight, they take a route to abroad. In the interim, many of them settle with the foreigner as a life-partner.

Only the court can let you sail through this problem. What all you need to do is:

Visit the court.
Meet the oath commissioner or the notary magistrate. Both hold the authority to put a stamp of approval on the affidavit of single status. This certificate can be known as No Record of Marriage, Certificate of Freedom to Marry, Certificate of No Impediment for Marriage, Certificate of No Record – Marriage, Affidavit of Marriageability and
Certificate of No Public Record.
Fill the affidavit form.
Get it attested from the magistrate.
Get it apostilled from the MEA (Ministry of External Affairs).
Later, let it be attested by the embassy of the foreign country.

Which documents do you require to support your CENOMAR application?

ID proof (Aadhaar Card/ Voter Id/Driving Licence)
Address proof (Utility Bill/ Bank Passbook)
Birth proof (Birth certificate/Non-Availability of Birth Certificate/10^th class Mark Sheet )
Parent’s affidavit
Decree Absolute (if you’re a divorcee)
Death certificate of the deceased spouse (if your spouse is no more)

What is the correct way of filing the single status affidavit in India?

The foreign law varies as per the country. Let’s say, the USCIS authority of the USA asks for the parental affidavit along your same document. In that case, you need to apply for two affidavits. One would represent you while the other one would echo the consent of your parents.

You must keep the bird’s eye on these points that they are written subtly. These points are commonly introduced in the sworn documents of yours and your parent’s:

Name of the Affiant (fill the name of the would-be spouse and the parents’ name in two different affidavit forms).
Residential address and country (of the would-be spouse and the parents separately)
Birth date (of the affiant and the parents)
Country name (of the affiant and the parents in the separate affidavit)
Passport number (of the affiant and the parents in the separate affidavit)
Marital status (of the affiant)
Name of the would-be spouse
Country of the would-be spouse
Signature (of the affiant and the parents at the bottom)
Date (when it is filed)
Statement (of no marriage by the affiant and the parents)
Date of divorce (of the affiant if he/she is the divorcee)

If you don’t want to file for it in the court, you can still withdraw it. You need to do it on the non-judicial stamp paper. Get it notarized by a local notary.

With all these tips, you can get your certificate of no impediment or CENOMAR or bachelorhood certificate without any hitch.

S2NRI

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