What is it and why do I need it?
That is a good question. Basically, the UK doesn’t register marriages that took place abroad in the General Registry, so your marriage exists, and is recognised by the UK, but your details are not stored in a database. This gets the Spanish Embassy’s knickers in a twist because they want proof of the marriage being registered in the country of the EU citizen.
This DOESN’T exist. There is no way to register a foreign marriage in the UK. Even if you deposit your marriage certificate with the FCO (Foreign and Commonwealth Office), this is NOT a registration of your marriage. It just means that if you need a copy of your marriage certificate, you can buy one from them. This service also stopped on 1st January 2014.
The UK recognises any marriage which took place legally under the local law of that country.
How do I get one?
I currently live in Spain, and my first port of call was the British Embassy in Madrid, naturally. They told me it wasn’t possible to email or issue a letter of this kind. I then rang the British Embassy in London. They told me the same thing. I then rang the British Embassy in Algiers. They said the same thing. After spending 50€ in calls, I was told that a letter like this wasn’t possible. I was told by the Embassy in Madrid that I had to apply for a “recognition of a foreign marriage” certificate, to the tune of 254€…! BUT, this document is “required” when you apply for residency in Spain and BOTH of you have to present yourself at the Embassy/Consulate to make a declaration and show your original passports. So, it was a catch 22; he couldn’t come to Spain without this document, yet he couldn’t apply for the document without being in Spain. I was desperate to say the least.
I complained to SOLVIT and asked Your Europe Advice what to do. I am still waiting on SOLVIT’s reply (up to 10 weeks). So, I complained to the British Embassy in London under the Freedom of Information Act. I got a reply stating that I had emailed the wrong department. I then sent a message saying that as a British National it is my RIGHT to have this letter and that them not issuing it was in breach of my rights. They then forwarded this to a really nice guy called Terry at the FCO who emailed me two letters and said he would get in touch with the Embassy in Algiers about them issuing a letter. At this point the Embassy in Madrid had got back to me and told me my husband could go to Algiers to get the letter stamped in a few days’ time. Hurray!!
So, going back to the question, the answer is complain and send lots of emails. You’re looking for the Notarial Services department of the British Embassy, wherever you are. If that doesn’t work, do what I did and email them stating the Freedom of Information Act.
What does it look like?
The official wording is as follows:
Marriage in the UK is governed by separate and different legislation in England and Wales, Scotland and Northern Ireland. None of the Register Offices in England and Wales, Scotland and Northern Ireland issue certificates of marital status. Marriage of British nationals abroad is governed by “the Marriage with Foreigners Act 1906 (as amended), and from 3 June 2014 by “the Consular Marriages and Marriages under Foreign Law Order 2014”.
Only a UK court of law can determine whether a particular marriage is valid under UK law. It is not possible to register in the UK a marriage celebrated in a foreign country. Generally speaking however, if a ceremony is considered valid in the country where the ceremony was performed; both parties to the marriage had the capacity to marry under the law of the country of domicile; and both parties of the marriage consented to marry the other, then the marriage is likely to be recognised in the UK.
The Spanish translation of this is:
Los matrimonios se rigen en el Reino Unido por una legislación distinta y separada en Inglaterra y Gales, Escocia e Irlanda del Norte. Ninguna de las oficinas del Registro Civil en Inglaterra y Gales, Escocia e Irlanda del Norte expide certificados del estado civil. El matrimonio de ciudadanos británicos en el extranjero se rige por “la ley del matrónimo con extranjeros de 1906 (enmendada)”, y a partir del 3 de junio de 2014 por “la ley de matrimonios consulados y matrimonios bajo la ley extranjera de 2014”.
Solo un juzgado del Reino Unido puede determinar si un matrimonio particular es válido bajo la ley del Reino Unido. No es posible registrar un matrimonio en el Reino Unido que haya tenido lugar en un país extranjero. Sin embargo, hablando en términos generales, si un matrimonio se considera válido en el país en el cual tuvo lugar; las dos partes del matrimonio han tenido la capacidad de casarse bajo la ley del país de domicilio; y las dos partes del matrimonio consintieron en casarse con la otra parte, es probable que se reconociera el matrimonio en el Reino Unido.
As long as those words are on the letter somewhere, you will be fine and the Spanish Embassy SHOULD accept it.
Standard letter: English and Spanish.
Terry from the FCO also addressed a letter to me: English and Spanish.
And he sent me the letter issued to people who had deposited a marriage certificate after the closure of the service: English and Spanish.
I found a letter from the Honorary Consulate on one of the Facebook groups as well: English and Spanish.
The letter the British Embassy in Algiers issued me is as follows (different wording and official stamp): English and Spanish.
How much does this letter cost?
The letter issued by the Consulate in Algiers was free, although when booking an appointment through their Clickbook Register, the service does say it will cost money. So I would say take money with you, but argue that it should be free.
Anything else?
You are more than welcome to use my documents and translations, but be aware that an original letter, legalised with the stamp, will be needed to be accepted by the Spanish Embassy. If the British Embassy/Consulate don’t know what letter you mean, then please send them one of mine.
The Spanish translations are not official but are accurate and correct, so the Spanish Embassy will have no problem in reading them to understand the English documents.
Useful contacts
Legalisation and apostille service: Foreign & Commonwealth Office, PO Box 6255, Milton Keynes MK10 1XX.
Email: legalisationenquiries@fco.gov.uk
Enquiries: 03700 00 22 44 between 12:00 to 16:00 Monday to Friday.
(If you need to use British documents for business or personal matters abroad.)
Freedom of Information requests: FOI and DPA Team, Information Management Department, Foreign and Commonwealth Office, Room K4.10 – K4.13, King Charles Street, London SW1A 2AH
Email: foi-dpa.imd@fco.gov.uk
FOI/DPA enquiries: 020 7008 0123
Closing the Gap 
2 comments