• Marriage between an Indian citizen and a Syrian student visa holder

Hi everyone,
I am an Indian citizen and my girlfriend is a Syrian national currently in India on a student visa (valid till July). She has been living in India for around 6 years continuously, with one short visit to Syria in between.

We are planning to get married in India and I wanted to understand the legal process and requirements:
	1.	Under which law should we register the marriage (Special Marriage Act or any other)?
	2.	Are families required to be informed or involved legally?
	3.	Does she need any NOC from the Syrian embassy or any document from her home country?
	4.	Are there any visa-related requirements or restrictions for marriage while on a student visa?
	5.	She does not want to renounce her Syrian citizenship yet. Is it possible for her to apply for OCI after marriage, or is long-term visa the only option initially?

If anyone has experience with inter-national marriages in India, especially with foreign nationals on student visas, please share guidance.
Thanks in advance.
Asked 1 day ago in Family Law
Religion: Hindu

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8 Answers

You should register your marriage under special marriage act 

 

2) you do not need family consent 

 

3) You must file a "Notice of Intended Marriage" with the Marriage Registrar of the district where at least one of you has resided for at least 30 days.

 

4) After filing the notice, there is a mandatory 30-day waiting periodfor public objections before the marriage can be solemnised. 

5) certificate from the Syrian Embassy in New Delhi stating she is single and free to marry. If the embassy refuses, a sworn single-status affidavit may sometimes be accepted by the registrar.

 

6) After marriage, she can apply for an X-1 (Entry) Visa or a Long-Term Visa (LTV) as the spouse of an Indian citizen.

 

7) : She is only eligible for an OCI Card after two years of continuous marriage to an Indian citizen.

Ajay Sethi
Advocate, Mumbai
100015 Answers
8164 Consultations

To be registered under Special Marriage Act, 1954 (SMA).

Requires 30-day public notice period before registration.

The following documents required 

Passport + valid visa

Proof of residence in India

Birth certificate

Photos

Marital status affidavit (single/divorce/widow) and NOC from embassy.

Marriage does not automatically change visa status.

After marriage she can apply for conversion of students visa to X visa.

Foreign spouse of Indian citizen can apply for OCI.

Marriage must be registered and subsisting for at least 2 continuous years before OCI application.

She does NOT need to give up Syrian citizenship for OCI.

OCI is barred mainly for Pakistan / Bangladesh origin and not generally for Syrian nationals.

T Kalaiselvan
Advocate, Vellore
90218 Answers
2507 Consultations

Dear client, 

In the instant case, it is the Special Marriage Act, 1954 that would be applicable since this is the law that solemnizes marriage between parties irrespective of their caste, religion and nationality. It is under the Special Marriage Act that the court marriage will result in a valid marriage between you and your girlfriend.  

It is not necessary for the parents to be involved in the marriage. 

The requirements of the marriage are that it should be done voluntarily by male who is above 21 years and the female above 18 years and the solemnization requires it to be done in the presence of two witnesses who would validate the marriage thereby making it legally binding. 

Since she is a foreigner, it is important that she gets a valid NOC which is attested by the embassy which is of utmost importance in the instant case.

Along with the NOC, her visa and passport are also essential documents that are proof of her age and identity. 

There is no necessity for renouncing her foreign citizenship and for acquiring the OCI, it is important that her marriage has been registered and subsisted for at least 2 years continuously. 

I hope this answer helps. For any further queries, please do not hesitate to contact us. Thank you.

Anik Miu
Advocate, Bangalore
11081 Answers
125 Consultations

She can get married in India through special marriage act

Prashant Nayak
Advocate, Mumbai
34693 Answers
249 Consultations

It is necessary to get  certificate from the Syrian Embassy in New Delhistating she is single and free to marry. If the embassy refuses, a sworn single-status affidavitmay sometimes be accepted by the registrar.

Ajay Sethi
Advocate, Mumbai
100015 Answers
8164 Consultations

No need for noc 

Prashant Nayak
Advocate, Mumbai
34693 Answers
249 Consultations

The rule mandates the requirements which the party to the marriage has to comply without fail or else the application for registration under special marriage may not be entertained.

There are no alternatives.

T Kalaiselvan
Advocate, Vellore
90218 Answers
2507 Consultations

1. You can register the marriage under the Special Marriage Act in India 

2. Not needed if there is local witnesses are available 

3. Yes, she should take NOC from Syrian Embassy 

4. After getting no objection / permission letter or single status affidavit from her embassy she can marry in India 

5. No need to renounce her citizenship

- Embassy will not refuse to issue the said certificate  

Mohammed Shahzad
Advocate, Delhi
15861 Answers
243 Consultations

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