ADVICE TO CLERGY ON CHANGES TO MARRIAGE ARRANGEMENTS FOR NON-EUROPEAN NATIONALS

In 2015, any couples planning to marry where one party comes from outside the European Economic Area (most of Europe) will have to apply to the Register Office to obtain a Superintendent Registrar’s Certificate (SRC) instead of calling banns or obtaining a common licence before marrying in church. The Government hopes to introduce the changes sometime in the first half of 2015.

  1. You should ask all couples applying to be married in your church for evidence of their nationality (e.g. passport). It would be sensible to take a copy of this and retain it until the marriage has taken place. If they are unable to provide this evidence OR it shows that either party comes from outside the EEA, the couple should be referred to the Registry Office. The Government will be issuing guidance on what is acceptable evidence of nationality.
  2. Only selected Register Offices can deal with SRCs for foreign nationals: Bristol, Swindon, Exeter being the main ones for our Diocese.
  3. Couples should be aware that there is a minimum 28 day waiting period between them giving notice to the Register Office and an SRC being issued, so it cannot be done at the last minute. Any fees for this registration will be payable to the Register Office.
  4. All applications to the Register Office will be referred to the Home office IF the marriage would give the non-EEA person an immigration advantage. This might mean that the waiting day period is extended up to 70 days before an SRC can be issued. If the couple does not co-operate with enquiries by Home Office, a certificate will not be issued.
  5. This process does not absolve you from any responsibility to form your own views as to the genuineness of the marriage. Canon B30 imposes on you a duty to prepare the couple for the marriage and if you become aware of any concerns about the possibility that this may be a sham marriage for immigration purposes, you should contact the Diocesan Registrar for further advice straightaway. This remains the case even if the couple present a Superintendent Registrar’s Certificate to you.
  6. The Register Offices should be able to deal with all situations, whether the couple are resident in England already or abroad, or whether they appear to have qualifying connections with the parish.
  7. The couple should be able to present the Certificate to you prior to the wedding service and the marriage certificates should be completed to refer to the marriage having taken place pursuant to a Superintendent Registrar’s Certificate. (copy to be retained)
  8. If couples have applied for banns or a common licence before the new law comes into force, they may be covered by transitional rules to allow the existing arrangements to continue. The Government is expected to issue guidance about this in December.
  9. Special Licences will still be available for situations where the couple does not have a legal right to marry in a particular church or in a building not licenced for marriages.
  10. This does not change the situation for couples where both parties are European nationals, who can marry after banns or by common licence if appropriate.
  11. The Registry will issue fuller guidance when more details are received from the Government, hopefully during December.

Roland Callaby, Diocesan Registrar

14 December 2018