British citizen marrying outside of UK

Hi all,

I'm planning to get married in india sometime early jan/feb next year. She is a Indian citizen. I read some where that british citizen marrying non-UK citizen should have met them in UK first? is it true?

When we marry in india, I will make sure we get our marriage registered on time and also get a marriage certificate promptly. After our marriage I want her to move to UK with me. May I know what's the application form for spouse visa please?

What are the procedures/issues I need to be aware of marrying a non-UK resident, foreign citizen?

could someone please let me know.

I read some where that british citizen marrying non-UK citizen should have met them in UK first? is it true?

No, not true .... presumably you are thinking about the visa application. The requirement is that the couple must have met, but does not specify where they must have met.

The application form for a spouse visa? The VAF2. And don't skimp on the supporting evidence that you supply with the form.

What are the procedures/issues I need to be aware of marrying a non-UK resident, foreign citizen?

Not exactly sure what you are asking. Indian marriage law? Obviously you need to comply with that.

If you are wondering about your Indian marriage being legally recognised as valid in the UK, well it is automatic. That is, any marriage conducted outside the UK that is recognised as legally valid in the country in which it is performed is also recognised as legally valid in the UK.

If the marriage certificate is not in English then do ensure that you obtain a translation into English.

Just following up from John's post, you may need to make sure that the marriage certificate is issued by the Government of India and not a temple or by the local community, e.g the British mission in Kenya no longer accepts marriage certificates issued by local community e.g. Visa Oshwal Community, it must have been issued by the Government Registrar which meant many people there had to enter into a civil marriage in addition to the religious one.

Thanks for the info smit, Religious and civil marriage...gosh. I should have married before I became british citizen...anyway I will have to deal with these formalities.

I posted earlier in this thread :-

That is, any marriage conducted outside the UK that is recognised as legally valid in the country in which it is performed is also recognised as legally valid in the UK.

That comes from the UK's Foreign Marriages Act 1892 (yes, 1892!).

It sounds from what Smit has posted that the Kenyan Government does not recognise as a legal marriage any performed by "local community e.g. Visa Oshwal Community". Would that be correct? If that is the case then if the marriage is not recognised as valid in the place in which it takes place then it also follows that the marriage is not recognised as valid in the UK.

But India? Is a religious marriage ceremony recognised as legally valid in India? If so there should be no need to go through two ceremonies.

My wife and I married in Thailand where the position is very clear. A "mere" religious ceremony is not recognised as legally valid, not even in Thailand, and irrespective of the religion involved. Accordingly a "mere" religious ceremony is not recognised as legally valid in the UK either.

To get legally married in Thailand you both go along to the Amphur (Register Office) fill in a simple form and pay a small fee and get handed your certificate. That is the only way to get legally married in Thailand, and accordingly the certificate issued by the Amphur is fully recognised a valid by the UK Government. That certificate assisted in getting my wife her spouse visa and later her naturalisation certificate as British after being in the UK after just three years.

So those of Indian origin, for the benefit of Desperado and others, what represents a legally valid marriage in India?

Although I am not 100% certain, I have never heard the Kenyan Government not recognising such Marriage Certificates (as they are conducted in places officially authorised to conduct marriages (e.g. temples, churches, mosques, hotels).

Indeed the British High Commission used to accept them previously but have been insisting for the past few years that marriage certificates be issued by the Government itself.

It would be interesting to know what the position is in India although if I was desperado, I would rather err on the side of caution and get married in a civil ceremony as well as a religious one.

Smit wrote:Just following up from John's post, you may need to make sure that the marriage certificate is issued by the Government of India and not a temple or by the local community, e.g the British mission in Kenya no longer accepts marriage certificates issued by local community e.g. Visa Oshwal Community, it must have been issued by the Government Registrar which meant many people there had to enter into a civil marriage in addition to the religious one.

Oh shit. Does this mean our marriage in the Catholic Cathedral in Embu, with our family and hundreds of guests present, conducted by the Bishop of Embu, is not legally recognized? Do our vows mean nothing to these beaurocrats? There was no mention of this possibility, anywhere. How can we make sure our marriage is legalized if this is the case? Surely they would have mentioned it if there was likely to be a problem with the legality ... and surely such legislation would affect ALL religious marriages, not just those in certain countries?


BG

I think you should speak to the Cathedral and get their opinion on this. Also maybe the BHC?

The fact is that UK law recognises as legally valid any marriage recognised as legally valid in the country in which it takes place.

Think I was just over-reacting in light of all the stuff we've been going through recently, re. Visas etc - our marriage is obviously recognized legally there since it can be used as proof of entitlement for such things as a Kenyan driving licence - I actually have one on this basis - have never held a full UK licence since never needed one here so opted to take my test after our wedding, in order to be able to drive there when my Wife and I are in Kenya - eligibility for which had to be verified by the Kenyan DVLA in Nairobi prior to my test. I also have an International licence which is valid in the UK in case I ever need it ... not bloody likely though with the cost of motoring here ... for me the insurance would cost more than the car :D:D:D

Seems they are suspicious of these so-called "tribal" marriages which aren't properly registered with the authorities or recognized outside of those communities .. quite understandable really considering the legal mess it could create, what with polygamy and "spousal inheritance" (where a wife is passed on to a brother on the death of her husband) being commonplace in some cultures


Best regards
BG