Regulations on Iranian Women Marrying Foreign Nationals
2024-02-09
Marriage is a matter whose conditions are written, anticipated, and interpreted in advance under the laws of every country. When a couple comes from two different countries, the applicable laws and regulations are naturally broader and sometimes more complex. The conditions for marrying a foreign national are likewise set out in our own country's laws and are mandatory.
Under Article 1059 of the Iranian Civil Code, "the marriage of a Muslim Iranian woman to a non-Muslim man is not permitted," meaning that such a marriage will not be recognized under Iranian law and regulations.
Under clause 3 of the relevant regulation, if a non-Muslim man wishes to marry a Muslim Iranian woman, he must submit a certificate of conversion to Islam, or testimony to that effect, to the Ministry of Interior; otherwise the marriage will not be possible. Conversion to Islam can be arranged by approaching religious authorities, scholars, or Islamic and cultural centers inside or outside the country.
Under Article 1060 of the same Code, "the marriage of an Iranian woman to a foreign national, even where there is no legal impediment, is conditional on special permission from the Iranian government." The government may also, under Article 1061 of the Civil Code, make the marriage of certain male civil servants, official agents, and government students to a woman holding foreign nationality conditional on special permission.
Pursuant to Article 987 of the Iranian Civil Code, the consequences of an Iranian woman marrying a foreign national include the following: her nationality changes to that of her husband's country, and her property ownership rights become restricted. Accordingly, if an Iranian woman marries a foreign national without obtaining permission from the Iranian government, she will be deprived of the protections of the Iranian government, although the marriage itself will not be void — the validity of a marriage takes precedence over its invalidity, except where the woman seeks to marry a non-Muslim. Note: marriage between Afghan nationals holding a blue card and Iranian nationals is entirely prohibited. Note: marriage between Iraqi nationals holding a green card and Iranian nationals is permitted after completing the steps set out in Directive No. 5268/M.P, dated 23/6/70 [1991], sent to all provincial governorates. Under this directive, handling marriage-registration applications up to the issuance of the permit has been delegated to the provincial governorates.
Steps for marrying a foreign national
The steps for marrying a foreign national are as follows: the man and woman submit an application to the Ministry of Interior requesting a marriage permit; the Ministry of Interior issues the marriage authorization; a certificate of conversion to Islam is obtained for a non-Muslim man. Documents required to register a marriage between a foreign man and an Iranian woman must be submitted by both parties.
Documents the foreign man must provide to marry an Iranian woman: a certificate from his country's embassy confirming he is single and that there is no impediment to his marrying an Iranian woman (this certificate is acceptable as an official Persian translation certified by the Ministry of Foreign Affairs); the original and a copy of all pages of the foreign man's passport; a marriage application on the Ministry of Interior's form; the original and a copy of all pages of the religious marriage contract or sigheh document (Iraqi and Afghan nationals only); legal proof of divorce or death of a first spouse if he was previously married; seven 4×3 photographs with the back endorsed; a certificate of no criminal record from the official authorities of his home country; a certificate of conversion to Islam from the foreign man if he is not a Muslim; proof of the husband's financial means from the authorities of his home country, along with a registered undertaking to cover expenses, the wife's and children's maintenance, and the wife's other rights; a copy of the wife's birth certificate and national ID card, all pages; two copies of his passport or refugee booklet, all pages.
Note: if the foreign man has previously been married, he must provide legal proof of divorce or the death of his first spouse in order to remarry, along with a certificate of being single from his country's embassy or consulate — unless the foreign man applying for marriage is a refugee, in which case, since he has no relationship with his country's embassy, providing a certificate of being single and similar documents does not apply to him. In such cases, the competent Iranian authorities are required to instead obtain an undertaking from the wife stating that the governorate bears no responsibility for the subsequent consequences of this marriage, and if this person turns out to have a previous spouse, the consequences fall on the Iranian wife who accepted this marriage.
Documents the Iranian woman must provide to marry a foreign man: before marrying a Muslim foreign national, in addition to observing religious and legal requirements, Iranian women must obtain a permit from the Ministry of Interior or from Iranian representations abroad. This permit is called a "marriage license." A marriage notary office in Iran has no right to register this marriage during the ceremony without this permission having been obtained by the couple.
Other documents required include: the father's (guardian's) consent, with the guardian's signature certified by a notary public (if the father has died, an official death certificate together with the mother's consent, certified by a notary public, is required instead); the original and a copy of all pages of the birth certificate and national ID card; seven 4×3 photographs with the back endorsed; the original and a copy of the Iranian woman's passport, if she holds one.
The marriage permit: after a thorough review of all documents, completion of the forms, and correspondence with the Intelligence Department and the police of the relevant province, and after obtaining the approval of those departments confirming there is no impediment to the marriage, the permit is issued in 7 copies signed by the provincial governor acting on behalf of the Minister of Interior. The first copy is given to the applicant marrying the Iranian woman so that he can apply to the provincial police for a marital residence permit. After obtaining that permit, both the marriage permit and the marital residence permit are presented to the official marriage registrar, and the marriage is then performed. The remaining six copies are sent to other relevant authorities such as the Civil Registration Organization, the Intelligence Department, the Ministry of Foreign Affairs, the Ministry of Interior, and the police, with one copy retained at the governorate.
Rules for Iranian men marrying foreign nationals
Unlike Iranian women, there is no restriction on Iranian men marrying foreign nationals, and an Iranian man may marry any foreign woman, whether Muslim or non-Muslim — particularly where the parties share the same religion. Under Article 976 of the Civil Code, "where an Iranian man and a foreign woman share the same religion, registering their marriage requires no permission whatsoever from the Iranian government," and as soon as this marriage is concluded, under clause 6 of Article 976 of the Civil Code, the wife acquires Iranian nationality. The registration process for their marriage is carried out through the Foreign Nationals Affairs unit of the police. As for children born of such a marriage, under clause 2 of the same article, they are considered Iranian.
For free consultation on all legal matters including marriage, divorce, mahriyeh law, and all registration matters, contact the experienced attorneys at Alemohamad Law Office.