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preetsingh (abc)     08 March 2013

Eu marriage certificate

Hi everyone 

Im  living in cyprus(eu part) with my croatian girlfriend and we decide to get married in july(after croatia come in eu)my question is can i apply for my visa from india to croatia after marriage and the same marriage certificate from cyprus will be valid in india?and wht will be the all 
procedure for this? 



thanks



Learning

 10 Replies

Sudhir Kumar, Advocate (Advocate)     08 March 2013

depends upon law applicable in cyprus and crotia.

preetsingh (abc)     08 March 2013

 

ok sudhir

but if i want to apply from india.the same marriage certificate will be valid also in india?it will helpful for my visa?

thanks

Tajobsindia (Senior Partner )     08 March 2013

This shouldn't have anything to do with Indian laws. You will have to contact the Embassy of either the Cyprus and Croatia because you plan to get married under then EU laws as then acceded to by Croatia.

 

Secondly the Cyprus marriage certificate has to be valid in eyes of Croatian Embassy (Delhi / Consulate (Mumbai) here in India and same has nothign to do before eyes of any Indian Authorities in relation to applying for a visa for Croatia from here and Indian Authorities main concern would be just to check your India tourist visa validity at a International Airport / FRRO Office PERIOD.

Why would Indian authorities wish to cross International Jurisdiction in reference to context otherwise tomorrow there would be millions of such cross boarder marriage visa seekers making beeline to India as favoured getaway for marriage visa to third country being foreigners?

 

preetsingh (abc)     08 March 2013

thanks Tajobsindia 

i want to know also when i will apply  visa for croatia behalf of our marriage certificate then my wife has to be in india also with me or i can apply independently?

Tajobsindia (Senior Partner )     08 March 2013

See you are marrying a Croatian lady that also in Cyprus and your nationality is not Indian so what Indian Laws has to do to see your marriage certificate from Cyprus when India has not to issue you the Visa to travel to Croatia?

Further
Slovakia has blocked Croatians dream entry into EU and some sort of diplomatic deal is underway as told by my architect friends from Slovakia and further effective 16th. April 2009 personal appearance of all Visa applicants is made compulsorily necessary for granting Visa in India for travel to Croatia.

You are missing the whole point here and I fail to understand what we have to do with your marriage certificate when we are not the International body to issue you a Visa?.

Kindly re-read above reply or get the other replies translated for better understanding of our Laws on asked subject as our Law does not come into picture at all unless I missed something in your post. 

preetsingh (abc)     09 March 2013

opp sry my mistake didnt mansion my indian nationality im from punjab just living in cyprus, i came here as a student but now cos of my overstayher we decide to marry in india,

the whole point is we just want to be together nothing is fake we know etchother since last 10 months and in between this she came cyprus 2 time for me and we used to live together 3 month also

hope this information will be ok for you 

thanks

Tajobsindia (Senior Partner )     10 March 2013

The process flow;

 

1. In Cyprus both have to first inform Indian High Commission in Nicosia about intention of marriage in writing and desire to register your marriage under S. 16 of Foreign Marriage Act, 1969 (FMA in short hereafter) and have to sign under the Certificate in the presence of three witnesses declaring that the marriage ceremony has been performed between you two there and since the time of said marriage both have been living as husband and wife.


2.Then the Indian High Commission will register both of your marriage and issue a Marriage Certificate under S. 14 (2) of the FMA which is valid as per Indian Laws. 


3. Coming July when Croatia becomes part of EU ask their Consulate (in Mumbai) or Embassy (In Delhi) about Visa formalities as on today’s date it is too early how EU laws will be ratified by Croatian Consulate / Embassy in India to answer you question on Visa to Croatia after Marriage.


4. The Marriage Certificate issued to you in Cyprus under FMA is a valid marriage Certificate as per Indian Laws a copy of which need to be attested by Class I Gazetted Officer here in India before placing the same with Visa Application.

You may contact me sometime in July if you could not find Visa info. from Croatian Consulate / Embassy in India.

 

[Also note, I donot like playing round robins, hence in future ask direct question by stating nationality first otherwise you were making fool of yourself by me replying in vaccum all these times and now you tell me that you are an Indian !]

preetsingh (abc)     11 March 2013

bohot bohot shukriya

thanks a alot for your advice Tajobsindiadi

i thought not need to mention my indian blood in our owen lawyersclubindia :P,anyway will keep in my mind always

 

just waiting for croatian consulates hope they  reply soon

just one question in my mind now im bit worried to go in indian high commission nicosia,i mean cos of my overstay here,

Tajobsindia (Senior Partner )     11 March 2013

In my opinion if you still have VALID Indian Passport and putting queries in installments I have now following to value add;

 

1. If whatever you are doing in Cyprus is finished / terminated then purchase flight ticket to come back to India and while leaving authorities there may question but then they will allow you to leave. However, you will not be allowed to re-enter Cyprus in future.

 

2. Once you comeback to Indian soils, invite your Croatian G/F to India and marry her as per Special Marriage Act (SMA)  and REGISTER such marriage under SMA. Such a marriage is solemnized before the marriage officer / registrar usually D.C. Deputy Commissioner of the Area / SDM where both or any one of the parties to such a marriage reside permanently or for at least one month. Refer to some of my oldest post on Indian marrying foreigner in India for knowing details of procedure to marry under SMA.

 

3. After registering marriage under SMA here in Indian soils apply jointly IN-PERSON before then Croatian Embassy (acceding to EU) for flying with Croatian wife to next dream destination is spouse visa allowed by them!

 

If you still overstay there and marry in-between then previous reply will not be entertained by Indian High Commission in Nicosia.

 

Hope your two issues; expired residency + marriage is sorted with above addendum reply?

 

If you still have more stories in installments to spell out for legal opinion then welcome to do so in the forum, someone will reply. I for one don’t care if you are Lee or John or Rambo here until query has some legal opinion to give

preetsingh (abc)     12 March 2013

and how long its take time time in india?

according to my search my girlfriend has to be stay 30 days in india for marriage isit necessary?


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