• Marriage with foreign national

I am marrying a peru national so I would like to know all the formalities that we have to fulfill so that she can live in India without any future necessity of visa.

She is coming to india with the tourist visa of 1 month for our marriage and we intend to settle down in gurgaon after that.

Please share your kind views and helpful information.

Thanks 
Varun
Asked 7 years ago in Civil Law

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8 Answers

Hello,

Section 6 of the Indian citizenship provides that Citizenship of India by naturalization can be acquired by a foreigner (not being an illegal migrant) who is ordinarily resident in India for twelve years (throughout the period of twelve months immediately preceding the date of application and for eleven years in the aggregate in the fourteen years preceding the twelve months) and fulfils other qualifications as specified in third schedule to the act, 1955.

Regards

Anilesh Tewari
Advocate, New Delhi
18089 Answers
377 Consultations

As of now you may register your marriage under the provision of special Marriage act.

On the basis of the same your partner can get the visa extended from time to time.

And after a period of 12 years citizenship can be obtained.

Regards

Anilesh Tewari
Advocate, New Delhi
18089 Answers
377 Consultations

You can get married under provisions of special marriage

2) 30 days notice of intended marriage has to be given

3) application form has to be filled in by both parties

4) under special marriage act certificate showing the signatures of the persons married, the registrar and the witnesses will be issued. This Certificate is required as proof of the marriage and when applying for a visa to for a foreign country.

5) The following documents are required for both the partners:

a valid Passport

original Birth Certificate showing parents' names

if the person concerned is widowed, the original death certificate of the deceased spouse

If divorced, copy of the final decree

documentary evidence regarding stay in India of the parties for more than 30 days (ration card or report from the concerned SHO)

Ajay Sethi
Advocate, Mumbai
96767 Answers
7804 Consultations

Hi, you can register your marriage under special marriage act , at the marriage officer Gurgaon .. Witnesses will be required from both sides

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

1.Marriage with a foreng national is legal in India and the same can be done under Special Marriage Act.

2. To do this minimum one month time is required.

3.Once both of of apply in writing for registration of marriage in India you will have to wait for one month to complete the formalities.

4. once that is done after one month the marriage would be registered and completed.

5. Both of your address and agre proof is required along with recessive photographs.

Devajyoti Barman
Advocate, Kolkata
23192 Answers
510 Consultations

Get married under the Special Marriage Act if both of your are retaining your respective religions. The marriage will be solemnised before the Marriage Registrar. Under this form of marriage, a notice in writing of the intended marriage, in the prescribed form, is given to the authorised celebrant solemnising the marriage. You'll also be required two witnesses to complete the formalities.

She's also required to show at least 30 days of residence at the place/city, where she'll be solemnising marriage with you before the Registrar.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

In India, civil weddings are governed by the provisions of The Special Marriage Act (1954). Under the Act, there’s a 30 day residency requirement, which means that either the bride or the groom has to be living in India for at least 30 days prior to applying to the local registry office to get married. For foreigners, this is evidenced by a certificate from the local police station.

You’ll need to submit your In addition, evidence of eligibility to be married is usually required. Anyone who hasn’t been married should obtain a single status affidavit (in the US), a Certificate of No Impediment (in the UK), or Certificate of No Record (in Australia). If you’re divorced, you’ll need to produce the Decree Absolute, or if you’re widowed, a copy of the death certificate.

If no objections to the marriage are received within 30 days of the application, a civil ceremony at the registry office can then take place. Three witnesses are required, who have to provide passport sized photographs, as well as identification and proof of address. The marriage certificate is usually issued a couple of weeks after the wedding.

Since your wife will be here on a tourist visa, you have to convert her visa from a tourist visa to a short visit visa (valid for one year). For this you may have to visit the Foreigners Regional Registration Office (FRRO). For this one has to go to Delhi at the following address: The Director (Foreigner), Ministry of Home affairs, Visa Facilitation Centre, Jaisalmer House, 26, Mansingh Road, New Delhi - 110 011. She should carry the original marriage certificate, and both your passports. A fresh visa application form has to be submitted. As a note, to add that a tourist visa is extendable by 45 days (Max) if an Indian citizen gives an undertaking in writing. The undertaking form is available with them.

At the FRRO you submitt three copies of our marriage certificate, three copies of passport with the latest electricty bill as proof of residence. All original documents should be carried for verification. They may issue a booklet called the residential permit with her extension to stay for one year stamped in it. In the meanwhile may have to apply for the PIO since any foreigner married to Indian citizen is eligible.

T Kalaiselvan
Advocate, Vellore
86968 Answers
2334 Consultations

1. You file an application for marriage as per Special Marriage Act before your local Marriage Registrar.

2. You shall have to give one months notice for your said marriage and you alone can file the said marriage application.

3. Thereafter she can arrive in India and on the scheduled day you can register your marriage before the said marriage registrar.

4. In addition to the above registry marriage, you can also perform marriage by following Hindu rites and customs though it is not mandatory.

5. After the said marriage she will be eligible for applying for Indian Citizenship after staying with you in India for a period of 7 years.

Krishna Kishore Ganguly
Advocate, Kolkata
27452 Answers
726 Consultations

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