Notice of intended marrige, sorry if its an off-topic

Posted by Iri (71 days ago)

Dear All,

When giving a notice of intended marriage in HK through an authorised civil celebrant along with other information we were asked to provide a certificate of no record of previous marriage registration. Normally if you are an expat you can get this kind of document done by your country`s consulate, so there`s no problem for me, but my fiance`s country has no official representation in HK and we surely won`t be able to get this paper elsewhere (unless we travel to Central America which is not in our plans this year).. I understand that it is very unlikely that somebody else had a similar situation and we are going to the Immg Dept to enquire directly anyway but I decided to ask just in case if any of you heard anything about it? Immg Dept issues Certificates of absence of marriage registration record but probably this service is only available for locals and permanent residents, no idea.. We`ve been here for 6.5 years.. Thanks in advance for all your comments.

(I am based in Hong Kong)

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Posted by GreenValleys (70 days ago)

When we went through this in early 2005 my husband had been married before and actually had his divorce papers with him. I remember him telling the Immig official that only proved that particular marriage was dissolved and not that he wasn't still in another undisclosed marriage. The official looked at him as if he was a lunatic and I tried to shut him up lest they took him seriously. In the end tho we didn't have to provide anything else. Did one of you disclose that you had been married before? If not I don't know what they are after. Good idea to go to Immig in person - they are usually very helpful. Good luck.

(I am based in Jakarta)

Posted by Christian Bullen (64 days ago)

Dear Iri,


With 6.5 years here you are for all intents and purposes residents of the SAR. You are protected under the basic law as well as the bill of rights. Under those constitutional instruments you both have a right to raise a family. Immigration may slow you down but they cannot stop you. The burden is on them to show that the marriage in Hong Kong is not legal. It is not for you to show that it is. The marriage would not be legal if one of you were married in another jurisdiction.


Best of luck and don’t give up you have the law on your side!
Christian

(I am based in Hong Kong)

Posted by gdbill (64 days ago)

^ Actually, no.

They need to provide certification -- even if only in the form of a sworn affidavit -- that they are legally able to marry.

(I am based in Guangzhou)

Posted by evildeeds (63 days ago)

gdbill is correct. Immigration are responsible for all paperwork, allowing the notice of intended marriage and indeed the marriage itself, therefore you cannot bypass them. So you cannot marry without their say so, period.

(I am based in Hong Kong)

Posted by eedquist (48 days ago)

The Certificate of Absence of Marriage issued by the Hong Kong Immigration Department only includes record of marriage celebrated in Hong Kong. Therefore, in your case, your fiancé will need to apply from her original country. However, she may not have to attend to the relevant authority personally if the authority allows one to obtain relevant application forms online and submit the same by post.

(I am based in Hong Kong)