The procedure for concluding marriage with foreign citizens on the territory of the Russian Federation

Home / Family law / Marriage

Back

Published: 10/16/2016

Reading time: 6 min

0

2155

Correct legislative registration of a marriage union is very important, since it directly determines what rights and responsibilities the spouses will receive.

And if no special issues arise with the procedure for registering a marriage between Russian citizens, then if one of the parties has foreign citizenship, difficulties may arise.

Therefore, it is worth considering in more detail what are the features when concluding a marriage with a foreigner, what is required for this, and what is the established procedure for carrying out this procedure.

• Legislative regulation
• Required documents Statement of intent to formalize a union
• Passports of both parties
• Certificate stating that the foreigner is not in another registered marriage
• Document on the termination of a previous marriage
• Receipt for payment of state duty
• Certificate of residence of a foreign citizen
• A visa confirming the right of the bride or groom to stay on the territory of the Russian Federation

Legislative regulation

Legal regulation is carried out on the basis of the Family Code of the Russian Federation. The form and order of marriage are determined by paragraph 1 of Art. 156 RF IC.

According to paragraph 2 of Art. 156 of the RF IC, the conditions for concluding a marriage with a foreign citizen (migrant) are regulated by the legislation of his state. Example: the bride is Russian, the groom is Spanish. In relation to the latter, Spanish legislation must be observed. The rules prescribed in Art. apply to the bride. 12-15 IC of the Russian Federation.

Family relations between a citizen of the Russian Federation and a foreigner are also regulated by treaties between Russia and foreign countries on legal assistance and relations in civil, family and criminal cases.

In general, marriage with a foreigner is regulated by:

• RF IC (Chapter 3, Art. 156-159);
• Federal Law No. 143 of 1997;
• Order of the Ministry of Justice of the Russian Federation No. 412 of 2011;
• international treaties.

According to the law, the main requirements for concluding an international marriage are:

• personal presence of the bride and groom at the ceremony;
• voluntariness;
• legal capacity of the spouses;
• monogamy;
• age over 18 years;
• the bride and groom are not close relatives;
• registration is official.

The wedding is held in accordance with the requirements of the RF IC. The difference between an international marriage and a regular one is in the list of required documents.

According to the RF IC, civil registry office employees can affix a stamp on marriage and divorce in Russian passports on the designated page. No marks are made in the migrant's passport. This prerogative is assigned to the government bodies of the country whose citizen the groom is.

After registration, the spouses are given a marriage certificate, on the basis of which a note is made in the passport at the embassy or consulate of the foreigner or at his place of residence. A recording is made if required by law of a foreign country.

The main reasons for refusal to conduct a marriage ceremony and their characteristics

The collected and completed package of documents is submitted to the registry office at least a month before the planned wedding. However, it is better to submit it two months ahead of schedule. This precaution is due to the fact that in the process of reviewing the documentation, additional questions may arise that require time to clarify. Often, when processing it, registry offices issue a negative verdict and do not allow marriages with foreigners.

The reasons for obtaining such decisions can be varied:

• the foreign groom is legally married, which was registered in his home country;
• close or distant relationship between the spouses;
• officially confirmed incapacity of one of the spouses;
• the age of one of the spouses does not meet the necessary requirements for marriage;
• the groom is from a country where polygamy is legalized (if a Russian woman is the first wife, then registration of marriage with a foreigner is allowed);
• violation of the rights of a foreign groom as part of the registration of a marriage union.

Important! Registration of marriages within the Russian Federation is carried out in accordance with current legislation. However, the foreign groom does not obey him, since he is a citizen of another state, which has its own legal norms and requirements. At the same time, compliance with his legal rights is a prerequisite for registering a marriage.

Registration of marriage with a citizen of a foreign country is possible only if all traditions and national characteristics that are inherent in his mentality are observed. To coordinate all issues and clarify the nuances, before submitting documents to the registration authority, you need to contact the embassy of the state from which the future husband comes. Its representatives will be happy to explain all the features of the ceremony and draw up detailed instructions for its implementation.

Required documents

To register a relationship with a citizen of another state, you need to provide documents for marriage with a foreigner in Russia. The list includes:

• statement of desire to get married;
• passports of the spouses;
• a certificate for a foreigner confirming that he is not currently in a registered marriage;
• certificate of divorce of a previous marriage or death of a spouse;
• check for payment of state duty;
• certificate from the place of residence of the foreigner;
• a certificate stating that there are no obstacles to marriage;
• visa or residence permit document;
• marriage contract (at the request of the parties).

Some papers need to be translated and legalized. Certificates and permits can be ordered at the consulate of your home state. All documents are translated into Russian with notarization. The groom submits 2 copies of documents to the registry office: a legalized original and a translation.

Statement of intent to formalize an alliance

The procedure for marrying foreign citizens on the territory of the Russian Federation involves filling out an application according to a unified form in the registry office (download form 7).

If one of the parties cannot be personally present when filling out the document, the paper can be certified by a notary and sent separately.

Passports of both parties

When writing an application, documents are required for marriage with a foreigner in Russia, including identity cards. Most often these are the passports of the bride and groom. The foreigner must provide a legalized Russian translation of the document, certified by:

• consulate or embassy;
• Ministry of Foreign Affairs;
• notary.

The translation is carried out on the territory of Russia.

Certificate stating that the foreigner is not in another registered marriage

The list of documents for marriage with a foreigner in Russia includes a certificate stating that the groom (bride) is not in a marital relationship. This document is issued by the embassy or consulate. The certificate is issued in Russian or a foreign language. In the latter case, a certified translation is required. The document is valid for 3 months.

Document on the termination of a previous marriage

If the spouse was previously married, a certificate of divorce or death of the previous spouse will be required. You also need a court decision to declare the marriage invalid if it was concluded with an incapacitated citizen or a close relative.

A document provided in a foreign language is translated and certified properly.

Receipt for payment of state duty

The state duty in Russia is the same for citizens and migrants. Amount – 350 rubles.

Certificate of residence of a foreign citizen

The form of a certificate of residence and a document confirming the absence of obstacles to marriage depends on the legislation of the foreigner’s home state. Receive the specified documents at the embassy or consulate.

The consul invites the newlyweds and asks provocative questions in order to convict the Russian citizen of wanting to obtain a European residence permit.

The period for issuing certificates is 2 months.

A visa confirming the right of the bride or groom to stay on the territory of the Russian Federation

Documents for the registry office for a foreign citizen in Russia require the provision of:

• visas;
• migration card;
• residence permit;
• TRP (temporary residence permit).

A document confirming the right of the spouse to be on the territory of the Russian Federation is provided by the foreigner. The exception is citizens of states with which Russia has a visa-free regime.

Sometimes a marriage concluded under Russian laws is not recognized as valid in the homeland of the second spouse due to differences in the list of documents and the procedure. In this case, after getting married in the Russian Federation, it is necessary to go to the homeland of the second spouse and get married in accordance with the canons of that legislation.

If the spouse does not speak Russian

According to the law, the bride and groom are accompanied by a professional translator at all stages of submitting documents. He must present his diploma and passport to the registry office staff. Copies of these documents are attached to the application for marriage registration.

In the absence of a certified translator, a foreigner may be misled by questions about kinship with the chosen one, the voluntariness of the decision, etc. In this case, the marriage may be declared invalid.

Marriage agreement (if desired)

To determine the individual and property rights of each spouse, a marriage contract is drawn up. The canons of documents correspond to the legislation of the state in whose territory the spouses will permanently reside. If there is no such place, then the couple either chooses a country and draws up a marriage contract in accordance with the law, or relies on the laws of the state where they most recently lived.

If spouses have different permanent residence permits, then property and individual rights and obligations on the territory of the Russian Federation comply with Russian legislation.

People without a common citizenship who are in a relationship choose the legislation on which they will rely when clarifying their rights and obligations.

The main differences between a marriage contract in the Russian Federation and foreign countries:

• Legal secret. In many countries, interested parties have the right to familiarize themselves with the text of the marriage contract. In the Russian Federation it is legally established that no one except spouses or their representatives can see the document.
• The moment of signing the marriage contract. In the Russian Federation, signing is possible before or after registration of the union. In many countries, the marriage contract is signed during the ceremony.
• Rights of spouses. In Russia, a marriage contract regulates only property relations. In many states, spouses indicate non-property nuances.
• Change or termination of the document. In the Russian Federation, an agreement is concluded or the parties participate in a trial. Abroad, the contract can be changed if you go to court.

To sign a marriage contract, you must contact the consulate or the wedding palace.

If the marriage didn't work out

For various reasons, family life may not work out: from “they didn’t get along” to complex family intrigues and cultural differences. In this case, there is only one way out - divorce.

In this situation, everything needs to be done correctly. You should contact the same authorities - the registry office or the consulate. The court can also help. Although the procedure is carried out according to Russian laws, it is necessary to obtain confirmation from the government authorities of Uzbekistan, only in this way will the marriage be considered dissolved in both countries.

Marriage is an important event in everyone's life. For whatever reason it is concluded, life is always divided into “before” and “after”, so it is necessary to approach responsibly both the choice of a future spouse and the preparation of papers.

In which registry office can you register a marriage with a foreigner?

Since 2021, the opportunity to register a marriage with a foreigner at the registry office in Moscow has appeared on 5 sites:

• Wedding Palace No. 4;
• Shipilovsky department;
• Meshchansky;
• Medvedkovsky;
• Gagarinsky.

According to statistics, about 10% of marriages are registered as unions with foreigners.

Registration of a marriage: step-by-step instructions.

To register a marriage with a citizen of another state, it is necessary to take into account the specifics of the procedure.

To register a relationship, you must follow the following algorithm:

• collect the necessary documents;
• submit an application to the registry office;
• set a date for the ceremony;
• on the selected day and time, arrive at the registry office and receive a certificate of union.

The wedding date is set no earlier than one month after submitting the application. However, there are exceptions when the waiting period can be reduced for valid reasons.

These include:

• expiration of the residence permit in the country;
• bride's pregnancy;
• serious illness, etc.

If a foreign citizen cannot visit the registry office in person to fill out an application for registration, then he is allowed to fill it out separately, but at the same time have it certified by a notary.

Obtaining a temporary residence permit after marriage

After marriage, the visiting spouse wants to stay in Russia, so he receives a temporary residence permit. In this case, the spouse contacts the Migration Service and fills out an application. After passing all checks, the migration authority puts a temporary residence mark in the passport. Most often, a temporary residence permit is valid for 3 years, but there may be exceptions.

To obtain a permit you will need the following documents:

• statement;
• legalized marriage certificate;
• a copy of an identity document certified by a notary;
• divorce certificate (if available);
• copies of children's birth certificates;
• 2 color photographs of a foreign spouse 3.5*4.5 cm;
• medical certificates confirming the absence of HIV and other diseases;
• a document confirming knowledge of the Russian language.

After a Federal Migration Service employee has reviewed the package of documents and satisfied the request for a temporary residence permit, the foreign citizen receives the coveted mark.

Fictitious marriage with a foreigner

A fictitious marriage is understood as a union built not on love, but on obtaining benefits (obtaining citizenship, residence permit, etc.).

According to the provisions of the RF IC, a marriage is declared invalid if one of the spouses:

• was under duress;
• incompetent;
• did not know that he had gotten married.

If the marriage is fictitious, then a spouse with foreign citizenship can apply for a Russian passport after 3 years of marriage. When a foreigner receives citizenship, the fictitious marriage is dissolved.

However, in Russia it is difficult to prove the existence of a fictitious marriage, unlike other countries where the requirements are more serious.

If the actions of government agencies led to the expected result (that is, it became known about a fictitious marriage), then:

• citizenship or residence permit of a foreigner is revoked;
• a foreign citizen leaves the Russian Federation within 15 days from the moment the union is declared invalid;
• transactions concluded during marriage become invalid;
• Sometimes the measures of the Criminal Code are applied to a foreigner.

If the existence of a fictitious marriage is proven, then the jointly acquired property is divided in half.

Where is the union formalized?

After all the documentation has been collected, you need to send it to the appropriate government agency. In Russia, these functions are authorized to be performed by civil registration authorities.

At the moment, you can get married in any registry office of the country at the choice of the spouses, regardless of their place of residence and registration.

You can submit documents in the following ways:

• by personally contacting the civil registry office;
• using the services of the multifunctional center;
• through the State Services portal.

If desired, the couple can also contact the Embassy of Uzbekistan in Russia. However, it should be taken into account that the embassy is the territory of a foreign state, which means that marriage relations will be formalized according to the laws of that state.

Rights and obligations arising when registering relations

After marriage, rights and obligations arise between spouses. There are 2 main points:

• Possession of joint property. It is usually prescribed in the marriage contract or the spouses agree to a common regime. The contract stipulates the division of property in the event of divorce. In the second case, upon divorce, the spouses divide the property in equal shares.
• According to the law, a child born automatically receives citizenship of the country in which he resides. Sometimes spouses agree on the citizenship of their children: they will receive one or dual citizenship.

The marriage contract is certified by a notary. Legalization for the state of the second spouse takes place according to the specified algorithm.

International marriage: pros and cons

International marriage has its advantages and disadvantages.

Before marrying a foreigner, it is necessary to study the legislation of the country where the groom is from. Otherwise, there is a risk of being left without property, citizenship, paying a fine and being forcibly deported.

How to divorce a foreigner

In the Russian Federation, divorce occurs in the registry office or court if one of the parties does not agree. Couples who do not have common children or disputes over joint property apply to the registry office. An application must be submitted to the court if it is necessary to determine the place of residence of children and divide property. Husband and wife pay a fee for government services.

If a foreigner married to a citizen of the Russian Federation does not understand Russian, he needs to translate court documents into English or his native language. It is permissible to invite a certified translator to a court hearing.

Sometimes unions dissolved outside Russia are considered valid on the territory of the Russian Federation. To avoid problems with the divorce process, you need to familiarize yourself with the legislation of both countries or contact lawyers.

Most often, divorce proceedings take place in the country of each spouse. The most difficult are the meetings where issues of raising and living children are considered. Most often, litigation is carried out in both countries of which the parents are citizens. Removal of a child without the knowledge of the other parent falls under administrative liability (payment of a fine) and deprivation of parental rights.

Before registering as spouses, you need to know all the nuances - from the intricacies of marriage to the divorce process.

Taking into account the religious beliefs of the spouse

A stumbling block in family relationships that a Russian woman needs to think about in advance is the religious beliefs of her future spouse, because more than 90% of citizens of Uzbekistan profess Islam. Thus, marrying a Russian to an Uzbek Muslim is already a definite obligation.

According to Muslim canons, it is important that the marriage be concluded not only before society (officially in the registry office), but also before God (blessing received from the mullah). When registering a marriage on the territory of Russia, this is problematic.

The future wife should thoroughly study the traditions in her husband’s family, attitude towards women, distribution of responsibilities, and issues of raising children. It is different views on culture and religious traditions that can ultimately cause divorce.