Spouse/work visa for Indian spouse of French national

#1 Jan 23rd, 2018, 17:23
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  • Shaills is offline
#1
Hi,
My wife is French national and we have Indian marriage certificate and French marriage certificate both.
Am I eligible to work in France?
How can I apply for spouse visa/work visa in France?

PLEASE HELP.

THANKS.
#2 Jan 24th, 2018, 12:45
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  • nycank is offline
#2
If you are in India, apply for a reunification visa at the French Embassy.

You should only have one marriage certificate. Don't blow this up. Where did you get married, and how did you manage to get the second one ?

Once you have the family reunion (or whatever the call it) visa; you should head to France; then your spouse will have to do the heavy lifting - You will need an ID card of sorts eventually.

But get on first base first
#3 Jan 26th, 2018, 13:55
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  • Flcara is offline
#3
I am in thé sale spot. But as per m'y information (technically) you cannot carry two marriage certificate. Where did you marriage. I am going to apply for long term visa next week and what I believe is I could work and stay there is I have some knowledge in French. Once you applied for the visa, embassy will notify for an interview to know your knowledge about French culture and language. I probably think that we can also work but this need to be confirmed with the embassy during the interview. I am waiting..
#4 Jan 30th, 2018, 16:12
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  • gemuesemix is offline
#4
you can ( often ?) indeed have 2 marriage certificates - one where you got married ( india) and one from the country where you or your spouse comes from. and it's not illegal. i have both.

one is from india ( where i got married) and later i got issued another one from where i come from. it was done on the basis of the indian one and i mostly use it where it's easier to use than the english one-means in my home country and for the embassy. it simply depends on your country i guess wether you can have issued a local one.
#5 Jan 30th, 2018, 19:50
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#5
You can only get married legally once, even to the same person! What you get on top of that as a religious blessing does not count (and should not be registered). Or you get a religious marriage that gets registered.

Gemuesemix, you only got married once. You just got a second marriage certificate about the one marriage. We even have three marriage certificates ;-). One from the temple, one from the municipality and one from my home country. But it was only one marriage, in our case the one in the temple.
#6 Jan 30th, 2018, 21:38
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#6
well i think the original poster is also married just once and to the same person
#7 Jan 31st, 2018, 01:05
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#7
One can exchange vows in every country (I know of one couple who do it for kicks) but, only one registered marriage is recognized. Having multiple, registered marriages can lead to legal jeopardy. Why ?

An American couple can have a destination wedding in the Caribbean, and not require additional marriage licence from their legal place of residence; or, have a license issued from their city hall, and have a minister in another state, or acceptable jurisdiction. In event of a dispute, the interpretations of the place of registered marriage is considered.

In a marriage where two individuals hold different passports, having multiply registered marriage leads to legal jeopardy, when there is a reason to establish intent.

Moral: Stick to one certificate !
#8 Jan 31st, 2018, 14:17
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#8
if you MUST inform your authorities/registry like i had to ( by law) then the marriage gets noted down in the marriage book and afterwards it is automatically registered multiple times- here and there. same in germany but where registering is optional ( but more complicated). After registration you may have an additional certificate but it's not a must.

is suppose it's the same situation in france, as soon as it's noted down you may get a french marriage certificate.
#9 Oct 2nd, 2018, 12:56
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  • simib83 is offline
#9
Quote:
Originally Posted by gemuesemix View Post you can ( often ?) indeed have 2 marriage certificates - one where you got married ( india) and one from the country where you or your spouse comes from. and it's not illegal. i have both.

one is from india ( where i got married) and later i got issued another one from where i come from. it was done on the basis of the indian one and i mostly use it where it's easier to use than the english one-means in my home country and for the embassy. it simply depends on your country i guess wether you can have issued a local one.
Hi, Gemuesemix, hope I don't come across too 'stalky' (just a tiny bit desperate) but from other post of yours I saw you're Austrian and married under HMA as well. Would have direct messaged you if there was that option here.

I also am married under HMA since now 4 years to an Indian citizen and we live in Mumbai. I am German. I hold an OCI based on that marriage, so India accepted the marriage in full. The German consulate however refuses to verify it, claiming it is not a legally valid marriage. So no chance of getting it registered in Germany and thus also no name change for me (which is the main reason I wanted it done).

As you have both certificates it seems Austria had no issues with it?
#10 Oct 2nd, 2018, 14:25
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  • namaskaram is offline
#10
Hi simib83,

I think you cannot send private messages until you have posted a bit more.

I am German and I married my Indian husband under the HMA. We then got our marriage registered in Germany without any major problems (just a lot of running around and lots of translations and it was time consuming).

Basically, Germany accepts any marriage in a foreign country if you followed the law of that country. So if you followed the rules that come with the HMA, Germany will recognise that.
I guess the problem is that both have to be hindus and you are not? Officially, that would not be legal in India but they would let you do it anyway. Germany wants you to follow Indian law and that clearly states that both have to be hindu (or Buddhist, ... - you can find the law online).
To be honest, if this is what happened, it would be really tough to sort it out. I know of a couple that was able to proof that both were hindus and I know of one that got a divorce in India just to get married again in India under the special marriage act.

You really should sort it out because you might want to move to Germany one day or even visit it without bigger problems and when children come into play, it is extremely important to have it sorted out by then!

What happened in your case?

Viel Glück
Anjali
#11 Oct 3rd, 2018, 02:25
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#11
Likewise! My wife is German and I had an Indian nationality at the time when we got married in NY more than 26 years ago. I do remember it was quite difficult to register the marriage in Germany. Thanks to my wife's forethought and persistence - we were able to get the familienbuch. It has proved quite helpful later in life when I decided to spend a year in Germany for work. So, I'd strongly encourage you to follow namaskaram's advice.
#12 Oct 4th, 2018, 02:12
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#12
no I did not have any issues.
but: I am like my husband hindu( with proof of it, recognised organisation) so the hindu marriage act applied and I made sure to follow the rules.
second thing: Austria is like India part of the Hague convention and recognises indian Apostille. Whereas Germany doesn't.

So when I registered my marriage through the embassy I just needed the apostilled marriage certificate ( just like if I got married in Denmark). It seems we are more relaxed because the given names like Sharma, Kumar and so on is also recognised as surnames. Without fuss.
#13 Oct 4th, 2018, 14:51
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#13
There seems to be a misinterpretation of terms. In most countries, issuance of a birth/death/marriage "certificate" can only occur at the nearest office that is legally allowed to generate one.

However, starting from Embassies, many local government departments will "register" (a.k.a acknowledge the existence) of marriage, or death.

In case of marriage - You cannot be legally married in India on MM/DD/YY and get a certificate, and then go and get married in Antigua MM+3/DD-4/YY and get another marriage certificate.

Having said that, there are a few countries that do not recognize weddings abroad between a citizen and a non-citizen. Which makes for an interesting situation
#14 Oct 4th, 2018, 15:46
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#14

Spouse/work visa for Indian spouse of French national

And there are certain countries that demand registration of marriage abroad by their citizens.

The two countries in my life don't give a damn who I marry and where.

That's UK... and India.
~
Life gets aadhar every day.
.
#15 Oct 5th, 2018, 15:00
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  • namaskaram is offline
#15
Quote:
Originally Posted by nycank View Post There seems to be a misinterpretation of terms. In most countries, issuance of a birth/death/marriage "certificate" can only occur at the nearest office that is legally allowed to generate one.

However, starting from Embassies, many local government departments will "register" (a.k.a acknowledge the existence) of marriage, or death.
I also try to clear a few points as it is a problem between India and Germany that simib83 has.

1) Germany recognises all marriages that happened abroad if they follow the laws of the respective country.
For example: in Germany only court marriages are legal. (After that you can have whatever blessing you might want to have from a church, mosque, temple, ...) But if one marries in India in a temple (both being hindus) that marriage would be recognised, because it follows the laws of India.

2) There is no rule in Germany that one has to register or tell the German officials that a marriage happened abroad. (Just in case you would want to marry another person in Germany, you would not be allowed to tell them you are a single and therefore not be allowed to marry again.)

3) It is very advisable to get a marriage "registered" in Germany. It is a lengthy and annoying process but pretty straight forward. The authorities will check if the Indian person is who he claims to be and also find out if the marriage was legal etc. If both are hindus when they got married under the HMA. In this case, they want the German person to proof that he/she is a hindu. Or if both were unmarried or divorced.
I have a German marriage certificate about our Indian marriage. It has all the details of the temple marriage. That means there was no second marriage in Germany, just a registration. All the German institutions accept the German certificate without questioning it.
And it is also good to have the data of the Indian spouse checked already if he/she wants to live in Germany one day (saves a lot of time) or if there will be children. The checking process would definitely take place then (for a German birth certificate or a German passport for the kid).
And for the name change after the marriage, the Indian marriage will also be checked. (I could also tell a bit about this if samib83 wants to know more.)

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