Register office won't allow us to get married!

[ShrewsburyMark]

My fiance was granted a marriage visa which expires on 9/9 and we have just been into Shrewsbury Register office to give notice to get married but they say we can't because she doesn't have a nationality! (She has a Latvian aliens passport and is therefore stateless).

While we were there his boss called the general register office which is the ultimate arbiter and this is what they told him: Without a nationality or documents proving she is stateless we can't give notice to get married!! (and can't get married)

Any ideas? TIA

[MPH80]

What nationality did she claim when she applied for the visa?

A bit of googling suggests they are right - they either need proof of nationality (which she doesn't have) or a stateless document.

This report from the EU suggests that her 'passport' is (in effect) a stateless document: http://www.europarl.europa.eu/hearings/ ... ine_en.pdf

But if the registry office refuse to accept it - I think you've got four options:

1) Go to Latvia, get married and apply for a spouse visa
2) Get her to get Latvian citizenship. I'm no expert but wikipedia suggests this is possible in some circumstances.
3) Try another registry office out of that area
4) Try to get your local church to marry you - if she's been residing in the parish with you - she should qualify to be married there without license. However, whether there's enough time for Banns to be read is another matter.

M.

[ShrewsburyMark]

Thanks but the last paragraph of the document says:

It has been the firm position of the Latvian Government that Latvian non-citizens may not be regarded as stateless persons within the meaning of the 1954 Convention on the Status of Stateless Persons due to the specific and interim nature of their legal status, as well as a very broad scope of rights enjoyed thereby. This position has been accepted by the majority of states and international procedures as compatible with international law.

However, I have looked at the visa appliction and she stated her nationality as Stateless, 1954 Convention - I will go back in tomorrow with that. If UKBA have accepted het as stateless then maybe that's enough..

[MPH80]

I won't profess to be an expert or even an amateur in any knowledge with regard this scenario - so please don't take what I put as gospel.

It strikes me that there's a contradiction here:

If Latvia see her as a non-citizen, but not stateless under the 1954 convention - then UKBA shouldn't (unless they see different) have granted her a visa given she claimed she *was* stateless under that convention.

Having said that - they DID give her a visa given that claim so it would suggest they agree with her.

But if Latvia's non-citizen passport doesn't meet the requirements for a 1954 convention document, then the registry office may well be right in what they are suggesting.

The simple factors in this:

- If the registry office require a stateless document from the home office, nothing's going to change their view other than fresh advice from the home office themselves.

- You have a time limit to complete this marriage by due the visa expiry.

So - given the only way you'll change the registry office's stance is to either a) get the home office to tell them they are wrong (which they might not be!!) or b) Sue them as a breach of article 8 - but that will take time.

Both of those points will probably take too long to achieve.

As a result - I'd suggest you're back to my original 4 options.

Keep in mind that the registry office have to do things by the rules, if the marriage is improperly notified - it could render it invalid and any visas based on it later could also be invalid.

M.

[ShrewsburyMark]

I think you are broadly right.

She isn't technically stateless and Latvia issue another document to stateless people. However, UKBA will only issue visas to people that have a document proving their nationality and identity (and we have a visa)

So my contention is that she is a Latvian national but not a Latvian citizen!! - this interpretation should allow them to go ahead - if the agree with me...