Please Help! Islamic marraige certificate.

[Mohammad24]

Hi all,

I desperately need some help and advice please.

I am an Indian national, currently eligible to apply for HSMP to work in the UK. I meet all the requirements to apply for HSMP. However, I am unsure as to whether I should indicate my marital status as "single" or "married".

The reason being, is that I married my wife (who is a British national), in the UK, but had an Islamic religious ceremony only, hence, we only have an Islamic marriage certificate. However, the Indian embassy recognises the Islamic marriage certificate, and hence, endorsed my wifes name into my own passport.

I am aware that the UK law may not class us as being married because we do not hold a civil marriage certificate, and this is where my dilemma stems from. If I indicate that I am "single" on the HSMP form (based on the fact that an Islamic certificate isn't recognised as proof of marriage in the UK), then there will be the discrepancy between what I am saying, and what my passport says (my wife being endorsed), and if I say "married" then they may ask for proof, or may not accept the Islamic certificate as proof that we're married.

So, what should I do? Please advise.

Thank you very much.

[geriatrix]

I am an Indian national, currently eligible to apply for HSMP to work in the UK. I meet all the requirements to apply for HSMP.

HSMP closed in 2008. You may apply for Tier 1 (General), if you qualify.

First, register your marriage in the UK so that it is legally recognized here.

regards

[Mohammad24]

I am an Indian national, currently eligible to apply for HSMP to work in the UK. I meet all the requirements to apply for HSMP.

HSMP closed in 2008. You may apply for Tier 1 (General), if you qualify.

First, register your marriage in the UK so that it is legally recognized here.

regards

Sorry, I meant the now HSMP, known as Tier 1 (general).

The thing is, we are not in the UK at the moment, as I am working abroad (my wife is here with me). Hence, I wanted to apply for Tier 1 (general) and return to the UK with my wife.

[geriatrix]

Now that your passport has your wife's name included, if you do not state the same in your application your application may be refused and you may find yourself being accused of deception, the penalty for which can be severe.

If you state you're married, them you must provide evidence of the same. Else the application will be refused.

The options are in front of you. It's up to you to decide what to do.



regards

[Mohammad24]

Now that your passport has your wife's name included, if you do not state the same in your application your application may be refused and you may find yourself being accused of deception, the penalty for which can be severe.

If you state you're married, them you must provide evidence of the same. Else the application will be refused.

The options are in front of you. It's up to you to decide what to do.



regards

Thank you for your reply.

So, am I correct in my understanding that an Islamic marriage certificate isn't accepted as evidence of being married (under UK law) and hence can't be used to support my application?

[geriatrix]

I am aware that the UK law may not class us as being married because we do not hold a civil marriage certificate

That's what you stated. Also, if I am not mistaken, muslim marriages are registered under Special Marriage Act 1954, and registration is mandatory for such a union to have legal sanction outside India.

If you were married in India, you can register your marriage in civil court / at office of registrar of marriages.


regards

[Mohammad24]

I am aware that the UK law may not class us as being married because we do not hold a civil marriage certificate

That's what you stated. Also, if I am not mistaken, muslim marriages are registered under Special Marriage Act 1954, and registration is mandatory for such a union to have legal sanction outside India.

If you were married in India, you can register your marriage in civil court / at office of registrar of marriages.


regards

Unfortunately we weren't married in India, we were married in the UK.

However, I have obtained a "affirmation of freedom to register marriage" from my Indian embassy (here in Bangkok, which is where I work and where we both currently live) so that we may register our marriage under Thai law, so that we can obtain a certificate from Thailand as evidence of our marriage to present when filing my application for Tier 1.

Having said that, I also have a letter issued by the Indian embassy (here in Bangkok), confirming that I am married to my wife, with both of our passport numbers, the issue dates, and expiry dates. Do you think that this letter alone is sufficient evidence of our marriage? Could we present this attested letter, which was issued by the Indian embassy as evidence of our marriage when applying for Tier 1 general?
Would it suffice?

Thanks again.