A/HRC/4/24
page 19
Responses
103. In Bosnia and Herzegovina, in the case of divorce or the death of a spouse, an alien who
has been granted temporary residence on the grounds of family reunification with a Bosnia and
Herzegovina citizen or an alien holding a temporary or permanent residence permit shall not
have the right to extend his/her temporary residence unless: he/she has custody of a minor child
who has citizenship or has been born in a marriage with a Bosnia and Herzegovina citizen; has
resided in Bosnia and Herzegovina for three years continually based on temporary residence
granted for the purpose of family reunification; or, has expressed reasons relevant to granting
temporary residence on humanitarian grounds.
104. In Greece, legal or even temporary residence constitutes a condition for contracting a
civil marriage between third-country nationals. In cases of foreigners residing legally in Greece,
the issuance of a Hellenic marriage licence is necessary, according to the procedures required for
Greek citizens too. Alternatively, they need to hold a valid marriage licence issued in their own
country. While submitting the relevant supporting documents, foreigners are required to hold a
document proving they reside legally in the country (i.e. passport, visa or residence permit
depending on the case). Interested foreigners are asked to have a document proving their
residence, a certificate of non-impediment for marriage issued by their consulate in Greece, a
birth certificate, as well as a wedding notice published in a newspaper (Law 1250/82). Marriage
of convenience is not allowed, and residence permits for family reunification purposes are not
issued or renewed and they are withdrawn, in the following cases (Law 3386/2005, art. 58).
105. In Mauritius, requirements and conditions for marriage of non-citizens and of Mauritians
with non-citizens are governed by the Civil Status Act, section 19A, concerning marriage of a
non-citizen to a citizen. Where a non-citizen has acquired Mauritian citizenship as a spouse of a
citizen, he/she shall cease to be a resident six months after the termination of his/her marriage to
the Mauritian citizen.
106. Section 24A, of the Civil Status Act, concerning marriage of non-citizens states:
“(1) Notwithstanding sections l9 (2), 21 and 23 of this Act, an officer may, where the intending
spouses are not citizens of Mauritius, and do not reside in Mauritius, celebrate their civil
marriage on the day immediately following the day of publication. (2) The temporary presence
in Mauritius of the intending spouses specified in subsection (1) shall not be deemed to
constitute residence for the purposes of that subsection. (3) A certificate issued under the
authority of the Prime Minister shall be sufficient proof, for the purposes of subsection (1), that
the intending spouses are not citizens of and do not reside in Mauritius.”
107. Spain specified that the same laws must apply for a marriage between nationals and a
marriage between a national and a non-national, according to article 27 of the Civil Code. An
exception is made for homosexual marriages in the case that the country of origin of one of the
future spouses has no regulation yet on the matter. If both spouses are non-nationals, Spanish
law or their national law should be applied.
108. The Syrian Arab Republic administers marriage and divorce through the civil
department. When a divorce occurs between a Syrian national and his foreign spouse, the
residency of the foreign spouse is withdrawn unless she has a young child in her custody. If the
union did not produce any offspring, the foreign spouse would have to leave the territory.
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