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

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

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.

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

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

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

  1. The petitioner has to raise a request with the Indian Embassy.
  2. Fill up the form (application for the bachelorhood certificate) on its website.
  3. 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
  1. Then, schedule a meeting with the consul.
  2. Visit on the due date for verification while carrying all original documents.
  3. 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.

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