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    Single Status Certificate

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    Panda
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    Re: Single Status Certificate

    Post by Panda on 07/03/11, 09:04 am

    Hello, What is the purpose of the CNI? Is that part of the immigration process for the Chinese spouse in Austalia. Or is it used by the Chinese government so that the man can declared that he is single and free to be married. Or is it something else?

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    makem
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    Re: Single Status Certificate

    Post by makem on 07/03/11, 09:45 am

    Panda wrote:Hello, What is the purpose of the CNI? Is that part of the immigration process for the Chinese spouse in Austalia. Or is it used by the Chinese government so that the man can declared that he is single and free to be married. Or is it something else?

    Panda

    CNI = Certificate of No Impediment. It is evidence that the person mentioned is single and free to marry among other things.

    A Statutory Declaration serves the same purpose.

    Check out the web page - 'Marriage' / 'Before you leave' for detailed information.
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    handyal
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    Re: Single Status Certificate

    Post by handyal on 07/03/11, 05:13 pm

    Hi Slow,
    In order to get married in a foreign country you must produde a document to the Marriage registry office of that Country as evidence that you are single/divorced/widowed and free to marry.

    This document is usually called a Certificate of No Impediment (CNI), although some Countries refer to it as a 'Single Status Certificate' (Single Stat') or a 'Statutory Declaration' (Stat Dec). It is the same document, however.................... it can be produced by one of three methods.
    1. From your registrar of Marriage, Births, and Deaths in your own Country.
    (This method is OK if you are single, i.e. Never married, but no good if you have previously been divorced or widowed)
    2. You can make your own CNI applicable to the rules for marriage in the Country you intend to marry (China) then an approved legal representative recognised by the Foreign Office of your Country will take your sworn oath and check documentary evidence to prove your facts. i.e. Passport (proof of ID and date of birth), Utility Bill (proof of address) Decree Absolute (proof of divorce), before signing and stamping your document.
    (This method should be used if you have ever been married before, but can also be used even if you have never married.)
    3. You can apply to your Embassy in the Country in which you intend to marry for your CNI. They have suitably qualified staff enpowered to take oaths. (Your marital status doen't matter, your CNI will be produced accordingly. single/divorced/widowed)

    Every Country has regulations for marriage. In the UK for example you must give 21 days notice of your intention to marry. We refer to it as 'giving Banns'. It is a proclomation of your intention to marry.
    In Australia (taking Dafu's word) you also have to give 21 working days notice of intent to marry ?

    Registrar's will therefore only issue your CNI after the 21 day waiting period. (Government body bound by marriage legislation)
    A Public Notary is 'private' not a government body and can therefore issue it on the day.

    In China their laws do not have waiting days, simply turn up at the marriage office with your required documents.

    However if you apply at your Embassy in any other Country (China) they will only issue your CNI after following the Legislation as laid down by your Country. If your registrar doesn't issue it for 21 days, then neither will the Embassy.
    The fact it is in China doesn't matter.
    Your CNI is signed/stamped by suitably qualified staff of your Country (not by the Chinese).

    For marriage in China you must produce a CNI that has been legalised by the Foreign Affairs office of your OWN Country and then legalised by the Chinese Embassy.

    Usually it is easier and more convenient to prepare your CNI and have it legalised in your own Country before you leave, then once in China it only needs translating into Chinese.

    If you apply at your Embassy in China they will sign/stamp it, legalise it on your behalf, and even translate it if you so wish, but they will only issue it after following the legislation for marriage of your own Country.

    For the couple of UK members I know who have had to produce their CNI through the British Embassy in China, it took almost 4 weeks before the CNI was in their hands, then it took 10 minutes to get married. LOL.

    2 days of work to go to Canberra ? How many days to go to Beijing or Shangai or Guangzhou.

    Check with your Embassy in Beijing if you will have waiting days before they would issue a CNI for you, before you make a decision to get your CNI from your Embassy in China, or through DFAT in Australia.

    You can make up your own CNI. Use our template here http://nanninginfosite.editboard.com/t1896-uk-information-marriage-to-a-chinese-citizen just change the wording to suit your own country.

    Better to be safe than sorry !




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    handyal
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    Re: Single Status Certificate

    Post by handyal on 07/03/11, 05:23 pm

    Another term that causes confusion is the word 'single'.

    You are only 'single' if you have never been married, otherwise you are;
    1. Divorced, and therefore single and free to marry, or
    2. Widowed, and therefore single and free to marry

    For example:
    A Single Status Certificate obtained in the last 3 months from Registry of Births, Deaths and Marriages and authenticated by the FCO and its duplicate.

    This is often misread by those who have been married and now consider themselves 'single'
    In fact this method of a CNI through a registrar is only for those who are 'single', as in never married.

    If married before, widowed or divorced you must go to a Notary to produce your CNI. (DFAT approved solicitors in Australia)
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    slowheel
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    Re: Single Status Certificate

    Post by slowheel on 07/03/11, 06:42 pm

    handyal, I thank you for your dedication and patience, as you can see it is quite frustrating for me all this stuff,
    I did not realise I my have to wait a period of time to get a Stat dec from the Australian Consulate,
    So I think I must pursue one here in Aus,
    The work you put into your explanations is very much appreciated by me,

    Two days to travel to Sydney = pain in the butt,
    Two days to travel in China with my g/f = heaven, ha ha ha.
    slow.


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    Re: Single Status Certificate

    Post by slowheel on 07/03/11, 07:07 pm

    Can I type out my own Stat Dec ? Or do I have to write it by hand ? Or does the Notary public prepare the document ?
    slow.
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    handyal
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    Re: Single Status Certificate

    Post by handyal on 07/03/11, 07:59 pm

    Slow,
    Thank you for your appreciation. I have all the time and patience required for those members who want to understand the procedures.

    Read the link that Dafu posted it has some very good information for Australians and also a pdf download for an application form for a CNI from DFAT. http://www.smartraveller.gov.au/marriage_os.html
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    Chris Seaborn
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    Re: Single Status Certificate

    Post by Chris Seaborn on 07/03/11, 11:29 pm

    Hi David Mac', In this country, (Australia) a certificate from 'Births, Deaths and Marriages' to say that you are single, is just that and nothing else, it is not a 'Notice of Intended Marriage'. I was married in China under their law so I did not need to complete a 'Notice of Intended Marriage' form to a marriage celebrant or anyone else. Therefore no waiting time is required. See below an extract from the Australian Govt site re marriage in Australia. It may clear up your question.

    Cheers, Chris.


    Providing notice of your intended marriage
    Lodgement

    Within 18 months of your proposed marriage, and no later than one month and one day prior to it, you must give a completed Notice of Intended Marriage form to the authorised marriage celebrant who is to conduct your marriage ceremony. All marriage celebrants should have the necessary paper work to perform your marriage.

    You will need your birth certificates (originals) and evidence that any prior marriage has been dissolved by either death or divorce.

    Shortening of Time
    It is possible to shorten the minimum notice time for a marriage to less than a month if the special circumstances set out in the Marriage Regulations 1963 are met. You will need to approach a Prescribed Authority for approval. See the link on the right hand side of this page.

    Prescribed authorities (usually at your Local Court or Registry officials) can shorten the required period of notice if they are satisfied that the circumstances prescribed in the Regulations are met.

    The five categories of circumstances set out in the Regulations. These are:


    Employmentrelated, or other travel commitments
    Wedding or celebration arrangements, or religious considerations
    Medical reasons
    Legal proceedings, and
    Error in giving notice.
    The reason for wanting a shortening of time for notice must fall within one of these categories. There is no capacity to grant a shortening of time outside these circumstances. Shortening of time is not automatic. When making a decision, the Registry of Births, Deaths and Marriages (BDM) or a prescribed authority will weigh up the information provided in support of your application and may seek additional information as outlined in the Regulations. You should have the documentation that supports your request before approaching a prescribed authority.
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    slowheel
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    Re: Single Status Certificate

    Post by slowheel on 08/03/11, 05:25 am

    I have seen that page and also the form for a CNI, Last week I emailed the DAFT this is the reply I got back from them,,,

    Also I would like to get a "Certificate of no Impediment to Marriage" I
    have down loaded the form

    CNI are generally not accepted in China. Please check with the person who
    is marrying you. We do not issued these in Australia you may have to get
    one from the Australian Embassy in China
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    slowheel
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    Re: Single Status Certificate

    Post by slowheel on 08/03/11, 05:30 am

    Now I think a CNI and a Stat Dec are two totally different things, If you read the form bottom it only has to be witnessed by a JP, Doctor, etc, A Stat Dec must have the stamp of a Notary Public.
    I think I must go for the Stat Dec here in Australia
    slow.
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    slowheel
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    Re: Single Status Certificate

    Post by slowheel on 08/03/11, 05:32 am

    So I would still like to know this ? Can I type out my own Stat Dec ? Or do I have to write it by hand ? Or does the Notary public prepare the document ?
    slow
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    Chris Seaborn
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    Re: Single Status Certificate

    Post by Chris Seaborn on 08/03/11, 05:54 am

    Hi David,

    You can type it or write it longhand. Typing is probably neater. LOL.
    Check this link that Handyal mentioned earlier, it will give you what content is needed. Check the wording you are Australian not British etc. For CNI read Statuary Declaration. Just remember, this has to be witnessed by a DFAT solicitor only. They will suppy a list of eligble ones. I doubt there will be one in your area though, so it'll be a Sydney job. You can get blank Stat Dec forms from a newsagent or post office. Click on the link and you'll go straight there.

    You can make up your own CNI. Use our template here http://nanninginfosite.editboard.com/t1896-uk-information-marriage-to-a-chinese-citizen just change the wording to suit your own country.

    Get these documents translated and stamped in the city that you will be married in. I had mine translated in Nanning...Guilin would not accept these so had to get them done again. Rush job premium price!

    Cheers,
    Chris.


    Last edited by Chris Seaborn on 08/03/11, 06:04 am; edited 1 time in total (Reason for editing : addition.)
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    slowheel
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    Re: Single Status Certificate

    Post by slowheel on 08/03/11, 06:09 am

    Thanks Chris mate,
    On the DAFT NSW site I can't find a list of Daft Notary Publics, I think it just says documents signed and sealed by a Notary Public. You ca find your nearest Notary Public by looking in the Yellow Pages,so I would think any old NP would do !!
    slow
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    handyal
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    Re: Single Status Certificate

    Post by handyal on 08/03/11, 07:16 am

    Hi Slow,

    Any Notary Public is fine.
    In the UK we can only use a Notary Public. They stopped using solicitors because many of them wern't qualified to notorise documents.

    Type out your own CNI.
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    Chris Seaborn
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    Re: Single Status Certificate

    Post by Chris Seaborn on 08/03/11, 08:59 am

    Hi David, just looking for a list of DFAT/ Notaries etc. and came across this. You were looking for an Agent to do this for you.

    http://www.phanglegal.com.au/solicitors-parramatta/expertise-notary.html

    It makes good reading so I'll paste a bit here for you to read.



    Phang Legal provides Notary Public services


    What is a notary public and why would you need the services of a notary public? The concept of 'notarise' has different meanings in different countries, but generally if you are sending your documents overseas and you are signing them in or sending them from Australia, then you probably need them to be signed or certified by a notary public. If you are sending your documents within Australia, then your documents may not need notarising. Your documents may only require certification from a Justice of the Peace or another suitably qualified person.

    If you are not sure of what is required, you should ask whoever directed you to have your documents notarised. Preferably your foreign lawyer will also provide you with directions or written instructions outlining the formal requirements.

    Sounds complicated? Call us. We make notarising documents simple, easy and fast. Our notary public is available on short notice and can provide you with a hassle-free assessment and quote for notarising your documents regardless of their country of destination. We have frequent dealings with many different embassies/consulates for countries all over the world. We are conveniently located in the Parramatta CBD and service the whole of the Sydney CBD and wider metropolitan area and beyond.


    Quote for Notary Services

    Our low cost fixed fee notary public services are generally less than the recommended notary fees and some of the lowest fees available for notary public services in Sydney.
    We would be pleased to provide you with an indicative quote for any notarial service that you may require. All quotes are subject to physical inspection of documents, instructions received at the time of notarisation and actual required and completed notary services.

    Appointment for Notary Services

    Make an appointment today. Our notary public is available for appointments between 9am and 5pm week days. Appointments outside normal business hours, 'home/office visit' by a mobile notary, or request for immediate or urgent services may incur additional fees for time and travel.

    Please contact us if you have any questions regarding our notarial services and the associated notary public fees or vist our Frequently Asked Questions section of our mini-site. For more information regarding authentications and apostilles, contact the Department of Foreign Affairs and Trade or the relevant embassy/consulate of the intended destination country.

    What is a Notary Public?

    A notary public, also known as a public notary, is a senior lawyer who can administer oaths and statutory declarations, witness and authenticate documents and perform certain other acts in relation to documents in Australia but intended to be used overseas.

    At Phang Legal, we assist clients from all over the world sending documents to all parts of the world. Our notary details are recorded in the official register maintained by the Department of Foreign Affairs and Trade (DFAT), which means that documents notarised by us will be promptly authenticated by DFAT without hassle or complication. Various foreign consulates and embassies also recognise us as providing notary public services and we appear in their lists of recommended notary publics. Make an appointment today to see our notary public to notarise your documents.

    Cheers,
    Chris.
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    slowheel
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    Re: Single Status Certificate

    Post by slowheel on 08/03/11, 06:44 pm

    Hi Chris mate,
    Many thank's for the link, I will email them this evening,
    slow.
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    Re: Single Status Certificate

    Post by Chris Seaborn on 08/03/11, 11:57 pm

    Hi Handyal,

    You are right, any Notary Public is fine, but in Australia unless they are on DFAT'S list, delays could, and probably would, occur. Solicitors may be used in Australia as long as they are on DFAT's list (I presume these are qualified/experienced for DFAT's purposes). It would pay members who are rural based in Australia to telephone or e-mail DFAT for these lists relevant for their respective States, I found this out at the last minute when I was getting my documents ratified and had to do some frantic rushing around.

    Cheers,
    Chris.
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    Re: Single Status Certificate

    Post by slowheel on 10/03/11, 05:48 am

    I emailed DAFT yesterday asking about Notary Public this is the reply I got back
    ""Look up a notary in your local phone book all notaries are accepted by DFAT,""
    With the kind help of Handyal and Chris I have got an draft of my Affidavit of no Impediment,
    I have an appointment for next Wednesday with a local Notary public.
    slow
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    Re: Single Status Certificate

    Post by Chris Seaborn on 10/03/11, 11:43 am

    Hi Slow, That'll save you a journey, will you still have to go personally to DFAT or will the Notary handle it all for you?

    This is a good forum, you'll get help, info and ideas from all over the world, makes things easier doesn't it? Glad we could help. You,(and I,) have gained knowledge already that could help someone in the future. What's that saying....what goes around comes around?

    Cheers,
    Chris.

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    Re: Single Status Certificate

    Post by handyal on 10/03/11, 03:00 pm

    Hi Chris,
    The Australian system for 'notorising' documents is the same as it was in the UK up to 3 years ago.

    Any Notary is qualified to 'notorise' a document but only certain solicitors are qualified.
    A Notary Public is by definition someone legally empowered to witness signatures and certify a document's validity and to take depositions.

    I remember needing my own CNI notorising. I phoned a local solicitor and explained what I needed and an appointment was quickly made. He signed and stamped my CNI before I asked the question "you are qualified to take sworn statements"?
    "No" he replied "Why"?
    After explaining I needed the document legalising at the FCO and the CE he said I needed a Notary !

    Waste of time. That same year our FCO actually removed all solicitors from their list because many wern't actually qualified for notorising documents. Now our FCO insist on a Public Notary so they can confidently legalise the document.
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    Re: Single Status Certificate

    Post by slowheel on 10/03/11, 06:42 pm

    Chris,
    I can send it by post to DAFT and they will return it by post to me,
    I have just 2 days ago got my Single status certificate back from DAFT,no problem.

    Will also have to get my Divorce decree nisi notarised and send it to DAFT ?
    Will that be all I need to send to DAFT and than take to the Chinese Consulate ?
    slow.
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    Re: Single Status Certificate

    Post by handyal on 10/03/11, 06:54 pm

    slowheel wrote:Chris,
    I can send it by post to DAFT and they will return it by post to me,
    I have just 2 days ago got my Single status certificate back from DAFT,no problem.

    Will also have to get my Divorce decree nisi notarised and send it to DAFT ?
    Will that be all I need to send to DAFT and than take to the Chinese Consulate ?
    slow.

    Dave,
    Youv'e puzzled me on that one. Just what are you sending back that you received two days ago.
    Are you getting a single stat dec from the registrar office and doing a CNI ?
    You only need a CNI.
    A registrar stat dec document is useless in China because you have been married before.

    Where are you getting married Dave, was it Nanning ?
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    slowheel
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    Re: Single Status Certificate

    Post by slowheel on 10/03/11, 06:56 pm

    Chris,
    you are right it has been an immense help this forum to me, without it I would sill be floundering about!!!
    That is why I like to post what I have found from my experience now, so it can perhaps help someone in the future,

    I emailed the Chinese Embassy last week about what I needed to get married in Chengdu, but got no reply.

    I must say DAFT always reply to my emails.
    slow
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    Re: Single Status Certificate

    Post by slowheel on 10/03/11, 07:00 pm

    Handyal,

    I have just 2 days ago got my Single status certificate back from DAFT,no problem.
    I got it from the dept of foreign affairs,
    slow
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    slowheel
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    Re: Single Status Certificate

    Post by slowheel on 10/03/11, 07:02 pm

    Sorry that should read Births Marriages and Deaths
    slow

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