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Legal Requirements
Requirements for British
British Residing in Australia
British Residing in Australia

Requirements for British Residing in Australia

PROCEDURE FOR OBTAINING

A CERTIFICATE OF NO IMPEDIMENT

British nationals (including dual nationals), who are permanent residents in Australia may be issued a Certificate of No Impediment by the Australian authorities. British nationals resident in Australia should therefore check first with the Department of Foreign Affairs & Trade (DFAT), R G Casey Building, John McEwen Crescent, Barton, ACT 0221 on 02 6261-3644 (Fax 02 6261-2820) www.smartraveller.gov.au or the appropriate State or Territory Office.

For British nationals not resident in Australia or for those whom the Department of Foreign Affairs and Trade cannot issue a CNI, the procedure below must be followed.

i) The British citizen must give public notice inserted in one edition of his/her local newspaper (in Australia).

ii) The newspaper notice should be in the following terms:

“I,  [full name], bachelor/widower/divorcé, of [full address] intend to marry [full name of fiancée], spinster/widow/divorcée, of [full address] at [name and address of place where marriage is to be solemnised] on [date of marriage].  Any person knowing of any lawful impediment to the marriage should notify without delay the Consular Section, British High Commission, 39 Brindabella Circuit, Brindabella Business Park,

Canberra Airport  ACT  2609.

iii) The British citizen should send the whole page of the newspaper in which the notice appears to the Consular Section in Canberra.  If no objection to the marriage is received within twenty-one (21) clear days the Consular Officer in Canberra, will  inform the Consular Officer in the consular district where the marriage is to take place and subject to the applicant swearing an affidavit in that consular district and producing all the necessary documentary evidence, the Consul may issue a Certificate of No Impediment.

iv) The statutory consular fee for this service is £35.00, payable in local currency at the Consular office in the district where marriage is to take place.

Because Australia is a Commonwealth country, the Head of Consular Section has no powers to do Notarial acts, in contrast to a Consul in a non-Commonwealth country, who has the authority

The British High Commission in Australia forwards copies of the notices (ads) after 21 clear days (providing they have had no objections) to the nearest British mission in Italy.

Also, the couple needs to swear the affidavits (one each) in front of a Notary Public (Commissioner of Oaths) and then the British High Commission in Canberra will forward all documents to the British mission in Italy.

TO SUMMARIZE:

The British mission in Italy needs to receive the following documents:

• Copies of passports

• Long form birth certificates (with names of parents)

• Notice that there has been no objections to the “Notice of Marry” put in a local Australian news-paper

• Affidavit signed in front of a Commissioner of Oaths (obtain the Affidavit from the BHC)

Address any enquiries to:

Telephone   1902 941 555*

Fax on demand:  1902 941 600*

24 hour Info:  1900 920 273*

Internet:   www.britaus.net

 

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