Marriage with a Tajik: what to be afraid of, the nuances of registering relationships and obtaining citizenship

The number of young people coming from Tajikistan to work in Russia is increasing every year. Many visitors expect to stay in the country for life, obtaining a residence permit and then citizenship. Since most Tajiks are young, hardworking, and do not abuse alcohol, the question of how to register a marriage with a citizen of Tajikistan in Russia is of interest to couples who have decided to formalize official family relations.

Where does marriage registration take place?

As stated in Art. 26 Federal Law dated November 15, 1997 No. 143-FZ, newlyweds can submit an application to the territorial offices of the Civil Registry Office in person. After that, only in the presence of the couple, if necessary - a translator and a notary, at the appointed time the marriage is registered in the registry office department chosen by the future spouses.

In addition, you can marry a citizen of Tajikistan in Moscow at home or by ordering an outdoor ceremony.

On the official website of the Mayor of Moscow it is indicated that when one of the spouses is a citizen of a country that is part of the CIS, the newlyweds can choose any registry office or Wedding Palace, regardless of residence and registration of place of residence. The exceptions are the Lublin and Zamoskvoretsky departments.

At the request of the couple, on-site registration is possible on the territory of cultural and historical sites, which are listed in the table https://www.mos.ru/zags/function/uslugi/vyezdnaia-registratciia-braka/. The law allows you to register a marriage at home in cases where, for medical reasons, one of the future spouses cannot appear at the registry office.

Official registration and ceremony

The official procedure for registering a marriage with a citizen of Uzbekistan is no different from a wedding with a Russian.

The ceremony takes place in the registry office at the place of registration of a citizen of the Russian Federation, which is usually held thirty days after submitting the application.

On the wedding day, the couple enters the wedding hall to the sound of Mendelssohn's march. According to tradition, the presence of two witnesses is required. On the bride's side it should be the girl, and the man on the groom's side.

The registrar reads out a solemn speech, then asks the newlyweds whether the desire to create a social unit is sincere and mutual. After this, the rings are exchanged. The spouses sign two copies of the civil status act. After which they are issued a marriage certificate.

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Religion, rituals and customs in Tajikistan

Life, traditions, relationships between spouses and children of Tajiks are determined by Islam. A Muslim family consists not only of a husband and wife, but also of many relatives, each of whom occupies a certain position and is assigned to perform various duties. The main purpose of the wife is to run the household and raise children, while the man must be able to provide for the family financially.

The Family Code of the Republic of Tajikistan states that a marriage is recognized as concluded only after its registration in the registry office, and if performed according to religious rites, it has no legal significance, but many young people violate this rule. Rituals occupy a special place in the life of families; one of the most popular, without which in everyday life a couple is not considered a family, and children are not considered legitimate, is called “Nikah”. Such Muslim marriage gives rise to cases of polygamy in Tajikistan, but the ritual does not have official legal force. Currently, a new rule is being introduced in the state - Muslim rituals can only be performed by imam-khatibs of registered mosques, after first making sure that the couple is already registered with the registry office.

Opportunity to obtain dual citizenship of Russia and Tajikistan

In accordance with the Treaty between the Russian Federation and the Republic of Tajikistan dated April 26, 1996, citizens of these countries have the right to dual citizenship. This means that Russians can obtain Tajik citizenship without losing Russian citizenship, the same applies to Tajiks, including labor migrants. Social rights and benefits, medical care, education and military service for residents of states with dual citizenship are carried out according to the legislation of the country in which they permanently reside.

Children born in a marriage where the spouses are citizens of two of these states acquire dual citizenship from the moment of birth. Upon reaching adulthood, citizenship of both countries can be retained or one of them can be renounced within a year.

Having received a second passport, a Russian citizen should not forget that it is necessary to notify the territorial divisions of the Main Directorate for Migration of the Ministry of Internal Affairs of the Russian Federation in writing. This obligation is established by Art. 6 of the Law of the Russian Federation of May 31, 2002 No. 62-FZ “On Citizenship of the Russian Federation”.

Marriage without the intention of starting a family

Despite the fact that dual citizenship between Russia and Tajikistan is allowed, obtaining a passport in the Russian Federation is not an easy procedure. Therefore, Tajiks, both men and women, marry Russians, thereby ensuring a quiet life and simplified conditions for acquiring citizenship, having been married for three years. The relationship can be registered when both future spouses understand that this is a business union. But fraudulent actions by one of them cannot be ruled out, where the main motive for registration is selfish motives.

Basically, mixed marriages of Tajiks and Russians are characterized by the following problematic issues:

clash of mentalities and mandatory adherence to Muslim rituals;
the likelihood that the spouse has several wives at home;
difficulties in collecting alimony when the husband returns to Tajikistan.

These are the most common reasons indicating what to be afraid of in a marriage with a Tajik. Therefore, concluding a marriage contract is not just a fashion statement. First of all, such a document will protect the property of each spouse and will not allow one of them to be left with nothing in the event of a divorce.

The next important point of the agreement should be the issue of maintaining a child or children, when not only monthly expenses are distributed between the parents, but also the costs of education, health improvement and recreation. Thus, if a citizen of Tajikistan marries a Russian girl and at the same time enters into a marriage contract, he assumes all the obligations specified in this document, and not in the family legislation of the Russian Federation.

In the event of a dispute, even the courts will be guided by the terms of the contract drawn up before the marriage, taking into account the wishes of both parties. Since for many the answer to the question of why Tajiks marry Russians is obvious, a marriage contract can be considered a kind of guarantee against possible ignorance of the customs and laws of the inhabitants of another country.

According to Art. 27 of the RF IC, marriage without the intention of starting a family entails its recognition as invalid. It is possible to prove that relations exist on a commercial basis only in court; in this case, the consequence will be that all transactions will not be concluded, and the acquired citizenship will be revoked.

Advantages when marrying a citizen of the Russian Federation

For many, a fictitious marriage is a chance to legalize their stay on the territory of Russia by registering at the place of residence, which provides many legal opportunities, including:

employment with a full social package;
participation in subsidized and government support programs;
provision of housing through social rent.

After marriage, visitors have the opportunity to participate in illegal fraud. This may be an intention to seize property and other unlawful enrichment. This is possible when disposing of property acquired during marriage, which includes everyone’s income from labor and business activities, received pensions, benefits and other monetary payments.

In addition, joint property can include real estate acquired during marriage, securities, shares, deposits, etc. Despite the fact that the union is only of a business nature, in the event of a divorce, everything acquired during the marriage will be divided in half, unless a marriage contract has been concluded that excludes such a division.

Legal ways to obtain Russian citizenship for Tajiks

According to the general rule established in Art. 13 Federal Law “On Citizenship of the Russian Federation” dated May 31, 2002 No. 62-FZ, foreigners have the right to apply for citizenship after 5 years of continuous residence in the country from the date of receipt of a residence permit. There are some other ways to become a full citizen of the Russian Federation, among them the following:

the presence of high achievements in the field of science, culture and technology makes it possible to obtain citizenship in a year;
after completing military service under a contract in the Armed Forces of the Russian Federation for at least 3 years, citizenship is granted without meeting deadlines or obtaining a residence permit;
in a simplified manner, without complying with deadlines and obtaining a residence permit, persons are granted citizenship, one of whose parents is a Russian and permanently resides in the country;
those born on the territory of the USSR, who have USSR citizenship and have not received a Tajik passport have the right to become Russians in a simplified manner.

From the above it follows that, in addition to registering a commercial marriage, there are more legal ways for citizens of Tajikistan to obtain a passport of the Russian Federation.

Obtaining Tajik, Russian or dual citizenship

Let's try to consider the issues of dual citizenship from the Russian legislation.

It is important to note that dual citizenship is possible only when the Russian Federation has a corresponding international treaty or agreement with the country of the person’s second citizenship on the settlement of these issues.

At the moment, Russia only has a valid agreement with Tajikistan. In other words, citizens of a given state, when receiving Russian citizenship, retain their existing citizenship of their native country.

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Divorce with a citizen of Tajikistan

Divorce of spouses can be caused by various reasons: lack of mutual understanding, conflicts or reluctance to continue family life. The RF IC provides for 2 options for dissolving a marriage with a foreigner:

by contacting the registry office - this method is suitable for cases when the husband and wife do not have common minor children and both want a divorce;
by going to court - this method takes longer, but in cases where one of the spouses does not agree to divorce, is absent from the country, or the couple has small children together, you need to file an application with the court.

Many people are interested in the question: will divorce affect the acquired Russian citizenship? As stated in Art. 8 of the Federal Law “On Citizenship”, the conclusion or dissolution of a marriage does not entail a change in the citizenship of the spouses and children born in this marriage.

If it is established that a citizen of Tajikistan, to obtain Russian citizenship, used forged documents or provided knowingly false information, entered into a fictitious marriage, and the purpose of acquiring citizenship was not to fulfill the duties provided for residents of the country, citizenship may be revoked.

The procedure for divorce between Russian citizens, which includes foreigners who have received a Russian passport, is provided for in Art. 18 IC of the Russian Federation. Therefore, after a Tajik obtains Russian citizenship, a divorce can be filed at the registry office or in court, without canceling the Russian passport.

Rights and obligations after registering a marriage with a citizen of Tajikistan

In order to properly enter into marriage with a citizen of Tajikistan, you must contact the Consulate of that country to receive complete information about this procedure.
From this article we can conclude that marrying a citizen of Tajikistan is not a complicated procedure and does not have any difficulties if the foreigner does not have a legal marriage in his native country. It is necessary to act on the basis of the legislation of the Russian Federation and then the marriage will be considered valid.