Marriage with a foreigner in Moscow [nuances of registration in 2020]

Legislative aspects

In Russia, the rules for concluding and dissolving a marriage are contained in the RF IC. The Code allows Russians to become spouses with citizens of all states or with people without citizenship at all. However, you will need to comply with the established requirements.

The first condition is that when getting married in Russia, the process must comply exclusively with the legislation of the Russian Federation. The procedure is standard: submitting an application to the registry office and further registration;

For a foreigner, an additional condition will apply - marriage is possible only in accordance with the rules in force for citizens of his state. At the same time, the requirements themselves may differ depending on the country they belong to: reaching a certain age, obtaining consent from parents, mandatory engagement, and others. The domestic registry office requires confirmation that the marriage procedure complies with the established norms of the foreigner’s country. The rule will not apply if the citizen has dual citizenship, including Russian. Then the marriage process will take place as between two Russian citizens;
When a person does not have citizenship, but his stay in the territory of that country is legal, the marriage procedure will take place exclusively according to the rules established by the legislation of the Russian Federation. When marrying a stateless person, you will need to take into account the legislation of the country where he lives only if he stays there for a longer period of time than in the Russian Federation;

If a foreigner has two citizenships, among which there is no Russian one, then the person will independently choose, in accordance with the legislation of which country where he is a citizen, his marriage will be held.

The fourth rule when getting married in Russia is that only monogamous marriages are allowed. This clause implies that one man can only marry one woman. If a foreigner has several wives (which is permitted in accordance with the legislation of his country), but he wants to additionally marry a Russian citizen, then the application for marriage will be rejected, since the husband already has a wife. In such a situation, even contacting the consulate or embassy will not help.

Things to consider

In Russia, legal marriage is controlled by the Family Code and carried out in accordance with Russian legislation . In addition, foreign citizens will have to document that the future marriage also complies with all laws and regulations adopted in their country .

For example, in some countries there is an age limit for people getting married and this figure is different from Russian laws; confirmation of the local commune, diaspora, written consent of parents, etc. is required.

If a foreigner has dual citizenship (Russian and another country), confirmation of these possible restrictions is no longer necessary. If he has several citizenships and does not have Russian citizenship, then he decides for himself which state’s laws to follow.

Consider a situation where a foreigner does not have citizenship in any country . If you have permanent residence (permanent residence) in the Russian Federation, the marriage is regulated by Russian laws and all possible restrictions are lifted.

In the case of the absence of any citizenship and the presence of permanent residence in another country, as well as the presence of restrictions on marriage in a given country, attention is paid to them, and it will be necessary to document that there are no obstacles.

A very important point that women who marry men from Africa or the Middle East need to pay attention to.
If, according to the laws of the country of a man marrying a citizen of the Russian Federation, polygamy is allowed, and the Russian citizen is not the first wife, then such a marriage is not considered legitimate in the Russian Federation .

List of documents for registration in Russia

In the Russian Federation, any marriage registration implies the obligation to submit papers to the registry office. You will need to collect the following package of necessary documents:

Application in the form F-7 established by law. If it is not possible to submit an application in person, it can be transferred to the authority with the help of a third party, and the document will need to be notarized; Sample application:

Passports of the parties (bride and groom). Copies of identification documents will also be required;
The foreigner is required to attach documents from a government agency, embassy or consulate confirming the absence of barriers to marriage;
Residence permit / visa to prove the legality of stay on the territory of the Russian Federation. If the person is a citizen of a country for which visa-free entry is permitted, then the document will not be required;
Documents to confirm the dissolution of a previous marriage (required only in cases where there was a previous marriage).

There is a mandatory condition for all documents: they must be submitted exclusively in Russian. Because of this, marriages with citizens of those states where Russian is the official language become the easiest. Citizens of other countries will need to present documents that are officially translated and certified. Only after this can the papers be submitted to the registry office.

Before transferring documentation, a citizen of another state must legalize all papers, otherwise they will not be considered valid in the Russian Federation. This rule is specified in the conventions (Hague and Minsk). If a citizen of a participating country participates in one of the conventions, it is enough to obtain an apostille. In other cases, when the foreigner’s country does not participate in the conventions, a more complicated procedure will be required.

If the foreigner is a citizen of a country that was part of the former Soviet Union, then legalization of documents is not required at all. It is enough to submit documents to the registry office that are translated into Russian and notarized.

The Baltic countries do not participate in this right (as they did not sign the Minsk Convention). But a different agreement was concluded with them, according to which legalization of documents would also not be required. Papers translated into Russian will be sufficient.

In addition to the main documents, spouses will need to submit a document confirming payment of the state fee (receipt, check or details). It is possible that spouses will need to submit other documents if this is established by the specifics of an individually concluded agreement between countries. To find out the current list of required documentation, it is recommended to contact a lawyer for advice.

Where can you register a marriage with a foreigner?

Theoretically, you can submit an application to register a marriage with a foreigner at any registry office operating on the territory of the Russian Federation. However, practice shows that this option is only suitable for persons from the CIS countries (except the Baltic states). If the future spouse is a citizen of the Baltic countries or a state that was never part of the USSR, you should contact the Moscow Wedding Palace No. 4, located at: st. Butyrskaya, house 17.

Experienced lawyers strongly recommend that all newlyweds choose a registration authority located in the capital - this is where diplomatic missions are located, without whose assistance the official conclusion of an international marriage may be impossible. If the bride or groom are citizens of states with which the Russian Federation has a special agreement, you can register a new social unit directly at the consulate. At the same time, the newly made Russian spouse continues to remain a citizen of the Russian Federation.

Is it possible to apply without a fiancé?

If circumstances develop in such a way that the future spouse cannot be personally present when submitting an application to the registry office, this issue can be easily resolved.

To do this, the groom fills out his part of the application form and has it notarized at the Russian consulate in his country. The document is sent by mail addressed to the bride. With this form, the future spouse can independently go to the registry office and choose the most suitable wedding date. In addition to the form certified by a notary, the girl must have with her her passport and a notarized copy of the groom’s passport.

How to proceed? Where should I start?

Algorithm of actions if you want to marry a foreigner on the territory of Russia:

Invite a translator. A prerequisite is a diploma of special education and the availability of the appropriate permit. Every word spoken during the marriage procedure must be understandable to both spouses.
Submission of documentation to any registry office in Russia. If the department employees do not accept the application, then it is necessary to draw up a claim or complaint against the actions of the employees, and then send it to the court or prosecutor’s office, since such a refusal is illegal.
Marriage registration (for this you will need the newlyweds' passports).
Next, you need to ask questions of citizenship, since the presence of marital ties does not affect citizenship.
It is necessary to check compliance with the rules regarding marriage in the foreigner's country. In some cases, the union may not have legal force in the second country. You can contact a lawyer to check.
In European countries and the United States, they are sensitive to marriages with citizens of other countries, since it can be fictitious. Such a violation of existing rules may entail not only administrative consequences, but also criminal penalties. It is possible to issue an entry ban for a spouse.
Some countries around the world require an invitation to register a marriage.
The marriage procedure must satisfy all existing rules established by the legislation of each country.
A child born in an interethnic marriage will receive citizenship of the country where the birth took place (the wishes of the parents are also taken into account).

Required documents

The foreigner takes with him a foreign passport and a translation of the passport into Russian. In this case, the translation of the passport is certified by the country's consulate. If it is not possible to get to the consulate, then the translation is done by a notary.
Take a certificate confirming that your significant other is not married to another person. This is prohibited under Russian law. The certificate is certified at the consulate, and a translation into Russian is made there.
Apply for consular permission. In some countries, it is a rule that upon marriage, the consulate gives official approval and permission for this union. Find out this point before submitting an application to the registry office. If permission is required, take it with you to the registry office.
Save the death certificate. If the bride or groom has been previously married, then a divorce or death certificate from the previous spouse will be required. All documents are translated according to the rules of Article 27 of the Law of the Russian Federation “Consular Charter of the Russian Federation”.
The foreigner provides proof that he legally lives in Russia. If you have a visa, great; in other cases, a residence permit or permit that gives the right to temporary residence is suitable.
Get permissions. The laws of some countries require specific certificates and permits, certificates of legal capacity to marry.
According to American laws, both spouses receive a health certificate. This measure helps prevent the transmission of genetic diseases to children. Check this point yourself in advance.
Get a certificate from prison. There are states that require you to provide a certificate confirming your lack of criminal record.
Take the documents for the child. If a foreign citizen arrives with a child, then he will need to take with him a birth certificate and the consent of the second parent to leave.
A receipt for payment of the state fee is required. Throughout 2020, the fee will be 350 rubles, which can be paid at any Sberbank branch. If you fill out an application through the government services portal, then the state fee is 245 rubles.

Article 24 of Order No. 412 of the Ministry of Justice of Russia contains a list of documents that are required. Civil registry office employees often ignore this order and demand additional certificates. If you have the time and desire, appeal such actions that violate your rights in court.

It is easy to obtain documents in those countries where Russian is recognized as the state language. In these countries you will not have to make a separate translation; certificates will be immediately issued in Russian. These countries, besides Russia, include: Belarus, Kyrgyzstan, Kazakhstan, South Ossetia, Abkhazia, and the Transnistrian Moldavian Republic.

In addition, documents will have to be certified with a special apostille to confirm their authenticity - the rule applies to countries that have joined the Hague Convention. If the second spouse comes from a former Soviet republic, then you can only have it certified by a notary. A simplified procedure also applies to the Baltic countries.

Most documents are valid for 3 months. If a foreigner has already been married, then he is required to provide a certificate confirming that the marriage has been dissolved.

If you are planning to get married in another country, the list will be similar, only now you will have to get it certified by the Russian Ministry of Foreign Affairs and a notary.

Example: Oksana and Albert want to get married in Moscow, both newlyweds were previously married and divorced. Only Oksana is a citizen of Russia, and Albert is a citizen of Georgia. For the marriage to take place, Albert must bring a divorce certificate with a translation and an apostille. Oksana does not need to take such a document with her; all information about her is in the registry office.

Sample application for registration of marriage with a foreigner

When all the documents have been collected, sign and fill out the application form No. 7 and bring it to the registry office.

Below we have attached a sample that you can study and fill out an original application based on it.

Legalization of marriage and other features

Legalization of marriage is possible in two ways:

Obtaining a stamp (apostille) is available for countries party to the Hague Convention. After receiving the stamp, you will need to translate the existing marriage certificate from the notary;
Contacting the consulate to register a marriage.

When registering a marriage at the consulate, you will need a similar package of documents as when registering at the registry office.

RVP, dangers and advantages of the union

If a foreigner wishes to live in Russia, he will need to obtain a temporary residence permit. To do this, a corresponding application is drawn up and sent to the FMS office. After a series of checks, a temporary residence permit is issued for a period of no more than three years.

Marrying a foreigner has both advantages and disadvantages.

The advantages include:

A child in such a union can receive two citizenships;
The spouse has to obtain a second citizenship;
Moving to another country using a simplified scheme.

The disadvantages include:

Difficulties with moving to a new cultural environment;
Possibility of complications;
Difficult solution to issues with the definition of a child.

In what cases can the registry office refuse to register an international marriage?

In certain situations, registry office employees may refuse to register an international marriage for a couple. These include the following:

The foreign citizen has a valid marriage union in his home country.
If there are family ties between the parties to the marriage (adoption, brothers and sisters up to the third generation, father and daughter or mother and son).
In case of incapacity status of one of the spouses.
If one party to the marriage has not reached the age of majority.
Failure to comply with the requirements of monogamy - if in the husband’s native state it is possible to have more than one wife, and he has a woman with whom he is married, in this case he does not have the right to marry a Russian woman.

Thus, it can be understood that the documents provided for marriage with a foreigner in Russia differ significantly from the usual ones. To fulfill the requirements, you need to know what papers are needed to get married, you need to submit an application to the central civil registry office for the region, etc. Therefore, in order to avoid delays and other force majeure situations, it is strongly recommended to collect documents and prepare them in advance.

If you have questions about preparing documents with a foreign citizen, ask our lawyers