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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 778
Experience:  Solicitor with over 15 years experience.
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My Fiance came to england inXXXXXVincent age 6, on

Customer Question

My Fiance came to england inXXXXXVincent age 6, on his sisters british passport, he has papers for indefinate stay and we are getting married in August 2014 in a church of england parish in barking. does he need a vaild passport either british or st vincent to be able to marry me.
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.

LondonlawyerJ :

Hello I am a solicitor with over 15 years experience. I will try to help you with this.

LondonlawyerJ :

The information which may be required by the registry office is as follows:-

  • evidence of name and address
  • evidence of date of birth
  • if one partner has been married before or in a civil partnership, documentary evidence that the marriage or civil partnership has ended, for example, a death certificate or decree absolute. Uncertified photocopies are not accepted. A certified copy of a decree absolute may be obtained from the court which decided the divorce. This can take about a week
  • evidence of nationality.

A variety of documents can be used as evidence of the information required, but a passport, travel document or birth certificate is usually sufficient. You should contact the register office where you're getting married for more specific advice on what they will accept.

People from overseas may be asked to show their passports. There is no legal requirement to show a passport before getting married and instead, they can produce a birth certificate (accompanied by a certified translation if necessary), an affidavit or other personal identity document.

LondonlawyerJ :

Has your partner got access to a copy of his birth certificate or or another personal identity document? If so this should be sufficient.

JACUSTOMER-vkm9205v- :

yes he has his birth certificate, from St Vincent and he has the British passport that he came over on. The registry office said he cannot use a foreign birth certificate or a passport out of date. is this correct.

LondonlawyerJ :

Not sure why my reply didn't appear so here goes again.

LondonlawyerJ :

His birth certificate can be sued but an out of cate passport in his sister's name (have I go that right) may well not be much use. However his birth certificate backed up by an affidavit or another ID doc should be sufficient. You should contact the registry office again, explain the position and ask how you can sort things out with what you have. If they insist on a passport then tell them (politely) that you have looked into this and think there is no legal requirement for a passport. Ask them to point you to the rule that requires a passport. If, I am right and there is no such rule then you should be able to sort things out. The Governemtn's advice on this can be found at https://www.gov.uk/marriages-civil-partnerships/documents-to-take-to-the-register-office whichc includes the following:

LondonlawyerJ : 4. Documents to take to the register office

When you go to the register office, you need to take proof of your name, age and nationality, eg your:

  • passport
  • birth certificate
  • driving licence
  • national identity card
  • immigration status document

You should bring at least 2 of these.

The registrar also needs something with your address on it, eg your driving licence or one of the following dated within the last 3 months:

  • gas, water or electricity bill
  • bank statement
  • Council Tax bill

You might need other documents if you don’t have a valid passport and you were born after 1983 - check with the register office.

LondonlawyerJ :

I hope this is helpful. I would be grateful if you would rate my answer. This iwll not clse teh question and I iwll continue to answer further questions.

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