Giving Notice of Marriage or Civil Partnership - documentation guidance for foreign nationals

Giving Notice of Marriage or Civil Partnership - documentation guidance for foreign nationals

A foreign national is someone who:

  • is an EEA national without EUSS settled status, EUSS pre-settled or pending application to the EUSS; or
  • any other person from any other country other than the UK or Ireland

Each person is legally responsible for giving their own notice of marriage or civil partnership, in person, at the Register Office for the district where one of the parties had their usual residence for at least 7 clear days immediately prior to the date of notice.

If you're unsure which district, you should give notice in, it is the local authority area to which one of you pays your council tax. Notice can be given up to 12 months in advance of the date of marriage or civil partnership, however, a minimum of 28 clear days must pass before the marriage or civil partnership can take place.

Please note: There is a possibility that the waiting period is extended to 70 clear days if a foreign national is referred to Immigration Enforcement.

Please ensure you have all the required documents listed in this guidance. Without them, we may be unable to process your Notice of Marriage or Civil Partnership.

If you are unable to provide any document or have any questions, please contact us before your appointment.

If you have any queries, please see our guidance on giving notice, or contact us on email: nomcp@york.gov.uk.

Both parties to the marriage or civil partnership are required to provide a recent passport photograph at their appointment.

Every photograph must be a United Kingdom passport style and size which clearly shows the face of the party, which must meet the following requirements:

  • the party must have a neutral expression
  • the party must not be wearing any head covering - other than for religious or medical reasons
  • the photo must show only the party and no other person or object
  • the photo must be unmarked, unaltered and without tears or creases
  • the photo must be taken within the last 6 months and shows a current likeness of the individual

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Please provide your current passport if you have one plus evidence of one of the following documents.

  1. current valid non-EEA passport
  2. valid biometric immigration document (including eVisa) issued by the Home Office
  3. valid travel document issued to you in the United Kingdom at the discretion of the Secretary of State to persons who have been formally and, in the view of the Secretary of State, unreasonably, refused a passport by the authorities in their own countries and who have;
    • been granted limited leave to enter or remain or humanitarian protection on rejection of a claim for asylum or for recognition as a stateless person; or
    • been granted indefinite leave to remain
  4. valid 1951 Convention travel document issued to you granting refugee status
  5. valid travel documents issued to you under the 1952 Stateless Persons Convention

Where the notice giver intends to use their electronic eVisa as specified evidence, they will need to request a 9-digit share code by visiting GOV.UK - eVisas: access and use your online immigration status, and should select ‘other’ when the screen asks why a code is needed.

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Please provide the following documents, if applicable.

  1. Valid Biometric residence permit.
  2. Valid UK visa/entry clearance for the purpose of marriage or civil partnership in passport.
  3. Valid HO endorsement in passport.
  4. Valid UK residence permit in passport.
  5. Valid application registration card.
  6. Valid immigration status document bearing a valid photo-endorsed vignette.
  7. Home office form IS96.
  8. A valid Share code for eVisa.

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Please provide one of the following documents.

If your usual address is different to the address you have stipulated for the purpose of giving notice you must also provide evidence of your usual address.

  1. Utility bill dated within the last 3 months.
  2. Bank or building society statement or passbook dated within the last month.
  3. Council tax bill dated within the last year.
  4. Mortgage statement dated within the last year.
  5. Current residential tenancy agreement.
  6. Current valid United Kingdom driving licence.
  7. A signed letter from your landlord, this must state you have resided at the address for the previous 9 days before the date you give notice. The person providing this letter is the owner or proprietor who should state their full name and provide evidence to support this.

If your bank or utility company only provides statements or bills online, you can submit the PDF from your online account. If you receive paper statements or bills, you must submit the original paper document.

The following would be accepted as an original document:

  • PDF bank statement downloaded from an online-only banking account
  • PDF electricity bill downloaded from your utility provider's online portal when they no longer issue paper bills

The following would not be accepted as an original:

  • a printed copy of a PDF statement when the bank normally mails paper statements
  • a scan or photocopy of a paper bill when the original paper bill is available

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Please provide the following documents, if applicable.

  1. Deed Poll or Change of Name Deed.
  2. Statutory Declaration.
  3. Marriage certificate.

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Please provide the following documents, if applicable.

If you have previously been married

1. Certificate of Decree Absolute

If you are divorced, we must see your certificate of decree absolute issued by the County Court or Divorce Registry where the decree absolute was granted. If you have been issued with a digital version of your final order direct from the court, we will need to see a paper version of the final order, and you will need to show us on your telephone the email from the court to which it was attached.

If your divorce document was issued in a foreign country a consideration fee will apply at the time of your appointment. If the document is considered at the Register Office, the fee is £55.00. If the documents must be forwarded to the General Register Office to be considered the fee is £83.00. If the document is not in English, a full third-party translation must also be provided.

2. Marriage Certificate

If you have reverted to your maiden name or you are producing your birth certificate as evidence of your name, and it does not correspond with the name on your decree absolute, we will also need to see your previous marriage certificate or certificates for linkage.

3. Death Certificate of Spouse

If you are widowed, we must see the death certificate of your late wife or husband. If you're not named as spouse on the death certificate, you will also need to bring your marriage certificate.

If you have previously been in a Civil partnership

1. Civil Partnership Dissolution document

If your previous civil partnership was dissolved, please bring the dissolution document issued by the Court. If you have been issued with a digital version of your final order direct from the court, we will need to see a paper version of the final order, and you will need to show us on your telephone the email from the court to which it was attached.

2. Civil Partnership Certificate

If you have reverted to your name used prior to your civil partnership registration we will need to see your previous civil partnership certificate/s for linkage.

3. Death Certificate of partner

If your previous civil partner has died, please bring their death certificate with you. If you are not named as surviving civil partner on the death certificate, you will also need to bring your civil partnership certificate.

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There is a requirement for all marriages and civil partnerships that each person completes a minimum of 7 consecutive full days and nights within 1 registration district where they wish to give notice, immediately before giving notice.

The process for fulfilling these requirements is as follows.

Length of Stay

You must reside at an address in the registration district for 7 consecutive full days and nights prior to the day you give notice. If you own a property but do not reside there the address cannot be used or counted towards residency.

Together or separate

Where either party is subject to immigration control, the couple are required to attend the register office together to give notice. Whilst you must both have completed the 7-day qualifying period of residence, this does not need to be in:

  • the same district as each other
  • the district where the marriage is to take place

Overseas and Temporary Residents

If you are travelling from abroad or don't permanently live in the UK, you must establish a temporary residential address and remain there for the required consecutive days.

How to count the 7-day qualifying period

Only full days spent within a registration district can be counted. As such, the day a person arrives within the registration district and the day they give notice do not count.

For example, the timeline would be:

  1. The person arrives in registration district and commences residency on the first day of the month.
  2. The qualifying period starts on the second day of the month.
  3. They reside within the same registration for 7 full days, which takes them to the eighth day of the month.
  4. They can then give notice on the ninth day of the month.
  5. If the residency is broken at any time during the 7 days, the process needs to start again.

Required documents to confirm residency

You must provide a letter from the owner, proprietor or tenant of the property where you have been residing, which must:

  • specify the date of arrival at the property
  • confirm you have been living there for at least 7 full days immediately before the date of your appointment (excluding the day of arrival and day of giving notice)
  • confirm the owner, proprietor or tenant’s name, address and status as owner, proprietor or tenant
  • be signed and dated by the owner, proprietor or tenant on the day of the appointment to give notice
  • be supported by evidence of the owner, proprietor or tenant’s ownership or occupation of that property, which must be a council tax bill for the current year or a current tenancy agreement

Please note that we are unable to accept evidence of residency where you are staying in rented accommodation (for example Booking.com or Airbnb) as opposed to where you are actually staying with a tenant or occupier in their home or in a hotel or guest house.

If you require further assistance, contact us on email: registrar@york.gov.uk, and include a contact telephone number.

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