Cross-EU border family law from 1 January 2021: guidance for legal professionals

6. Civil status documents

EU Regulation 2016/1191 simplified the requirements for presenting certain public documents in the European Union. It removed requirements across the EU for the legalisation of certain civil status documents and introduced multi-lingual translation aids for some documents. The EU Regulation will be revoked for the UK as a whole at the end of the transitional period by The Immigration, Nationality and Asylum (EU Exit) Regulations 2019

The guidance issued by the European Commission says that Regulation 2016/1191 will no longer apply to a public document issued by the United Kingdom authorities presented to the authorities of an EU Member State after the end of the transition period, regardless of its date of issue and period of validity.

Therefore, persons presenting civil status documents from Scotland in EU member states may need to get the documents legalised and translated, and should be encouraged to check requirements in the relevant jurisdiction in advance. National Records of Scotland will cease to issue multi-lingual translation aids under the EU Regulation.

Multi-lingual translation aids issued by EU Member States will continue to be accepted in Scotland as part of a notice of intention to marry or notice of intention to enter a civil partnership, provided that the multi-lingual translation aid gives the civil registrar the information they require to process the notice.

In any other case, if an organisation is presented with a civil status document and multi-lingual translation aid from an EU Member State, notwithstanding EU Exit the organisation may wish to consider if these documents jointly provide it with the information they require.