What are the rights of foreign nationals regarding marriage in the Canton of Vaud? Can undocumented persons marry, and what is the procedure to follow?
In theory, everyone has the right to marry. However, in practice, a foreign national must prove the legality of their stay to initiate a marriage procedure. This does not mean that undocumented persons cannot marry! In fact, foreigners residing illegally in Switzerland cannot systematically be 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. Therefore, it is sufficient that they have a temporary residence permit.
Procedure:
Foreign nationals must first appear in person at the civil registry office. The office will request several documents from them to verify that nothing prevents the marriage according to Swiss law. Additionally, depending on the country of origin, the Swiss authorities will authenticate the documents provided through their representation in the foreign partner’s home country. Such procedures can take several months.
Once all the necessary documents are collected and all the conditions for marriage are met, the preparatory phase is completed. The marriage can then be celebrated, in the civil registry district chosen by the couple, at the earliest ten days after the completion of the preparatory procedure and at the latest three months after this date.
As for any religious ceremony, it can only be performed after the civil marriage.
Finally, if the future spouses are foreign nationals, they must decide before the marriage whether to submit their name to the laws of their country of origin or to Swiss law.
Need assistance with the marriage procedure in the Canton of Vaud or unsure where to start your démarches because your partner is undocumented? Our team of professionals would be pleased to welcome you to our office located at Rue du Valentin 1, 1004 Lausanne, Switzerland, to provide advice and answer any questions you may have.
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