What are the rights of foreign nationals regarding marriage in the Canton of Vaud? Do undocumented migrants have the right to marry? What is the procedure to follow?
In theory, everyone has the right to marry. However, in practice, foreign nationals must prove the legality of their stay in order to initiate a marriage procedure. This does not mean that undocumented migrants cannot marry! Indeed, foreigners residing illegally in Switzerland cannot be systematically denied the right to marry. Such a practice would violate the right to marriage enshrined not only in Article 14 of the Federal Constitution but also in Article 12 of the European Convention on Human Rights. They simply need to have a temporary residence permit.
Regarding the procedure, foreign nationals must first appear in person at the civil registry office. The office will require several documents to verify that there is no legal impediment to the marriage under Swiss law. Additionally, depending on the country of origin, Swiss authorities will authenticate the documents provided through their representation in the foreign spouse's home country. These steps can take several months.
Once all necessary documents are collected and all conditions for the marriage are met, the preparatory phase is complete. The marriage ceremony can take place in the chosen civil registry district no earlier than ten days after the completion of the preparatory procedure and no later than three months after this date.
As for a possible religious ceremony, it can only be performed after the civil marriage has taken place.
Finally, if the future spouses are foreign nationals, they must decide before the marriage whether to submit their name to the law of their country of origin or to Swiss law.
Are you looking to start a marriage procedure in the Canton of Vaud but your fiancé(e) is in an illegal situation, or do you not know where to begin your steps? Our team of professionals will be happy to welcome you at our office located at 1 Rue du Valentin, 1004 Lausanne, Switzerland, to provide advice and is also at your disposal to answer any of your questions.
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