I want to get married
The personal status of refugees and stateless persons is governed by French law as the law of the country of residence (Articles 12 of the 1951 Geneva Convention Relating to the Status of Refugees and of the 1954 New York Convention Relating to Stateless Persons). With no text concerning the applicable law regarding the personal status of beneficiaries of subsidiary protection, a person under such protection whose civil status Ofpra has established and who lives in France shall be subject to French law. As a result, where a protected person marries abroad in a manner contrary to French law, said marriage shall not be recognised in France and may not be indicated in the margins of certificates reconstituted by Ofpra.
It is therefore necessary to contact Ofpra to obtain the documents required for drawing up the marriage record.
Marriage in France
When a refugee, or beneficiary of subsidiary protection gets married in France, s/he must comply with the instructions s/he will have been given by the French general register official.
According to General Instruction on civil status no. 549: "When the foreign national has refugee or stateless person status, s/he shall be subject to the law of the country of refuge. In particular, when s/he has been granted refugee status in France, it is French law which shall be applicable in his/her case. Regarding marriages celebrated in France, only Ofpra's Director-General shall be competent for issuing certificates serving as civil status records and certifying the person’s capacity to marry by issuing a certificate known as a "certificate for custom law for marriage purposes".
Under no circumstances must French general register officials reach out to the authorities of the refugee's country of origin, or ask the latter to do so".
If a protected person gets married abroad, s/he must contact the French embassy or consulate in the country where s/he wishes to marry, in accordance with the stipulations of Article 63 of the French Civil Code.
Upon the protected person's return to France, s/he must expressly request Ofpra's registration of the marriage, and supply the following documents for that purpose:
- the certificate of legal capacity to contract marriage (a document issued by the French embassy or consulate in the country where the marriage took place) or the banns publication certificate,
- formal evidence of appearance before the foreign authority having celebrating the marriage (photocopy of the travel document with entry and exit stamps from the country celebrating the marriage, photocopy of the plane or train ticket),
- the original foreign marriage certificate with, where applicable, a certified translation by a sworn translator and the photocopy, front and back, of this document and, where applicable, of its translation.
Please note! Ofpra may refuse any request to register a marriage celebrated abroad where the requisite supporting documents have not been supplied and said procedure has not been followed. In this regard, the protected person must have organised for the authorities of the place where the marriage is to be held to issue a for a long enough period for the procedure to be completed.
Form for registering with Ofpra a marriage celebrated abroad
Lastly, insofar as the marriage has been celebrated in a third country where the protected person does not express any fears, it is possible for copies of his/her marriage certificate to be obtained from the authorities of said countries. In this instance, Ofpra does not draw up the marriage certificate or issue a family record booklet, as this is drawn up on the basis of a marriage certificate. Ofpra informs you that if you want your spouse to join you, yu have to adress you to