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marriage registration ?

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asif_sharif
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Location: U.K essex
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marriage registration ?

Post by asif_sharif » Sat Jul 29, 2017 7:54 pm

i got married in Pakistan had the nikha done there. Wife's now over here in u.k do we need to register ?
married 21/02/2014
21/04/15 DOCUMENTS submitted
22/04/15 reaches BHC islamabad
REFUSED 10/07/2015
appeal 31/07/2015
payment 14th August
review deadline 24th December 2015
COURT DATE 18TH JANUARY 2017
entry allowed
wife arriving 29th April 2017

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CR001
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Re: marriage registration ?

Post by CR001 » Sat Jul 29, 2017 8:18 pm

No.
Char (CR001 not Casa)
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asif_sharif
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Location: U.K essex
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Re: marriage registration ?

Post by asif_sharif » Sun Jul 30, 2017 12:30 pm

Can we register ?

under UK law we have same rights of a u.k married couple ?
married 21/02/2014
21/04/15 DOCUMENTS submitted
22/04/15 reaches BHC islamabad
REFUSED 10/07/2015
appeal 31/07/2015
payment 14th August
review deadline 24th December 2015
COURT DATE 18TH JANUARY 2017
entry allowed
wife arriving 29th April 2017

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Casa
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Re: marriage registration ?

Post by Casa » Sun Jul 30, 2017 12:38 pm

asif_sharif wrote:Can we register ? NO

under UK law we have same rights of a u.k married couple ? YES
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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CR001
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Re: marriage registration ?

Post by CR001 » Sun Jul 30, 2017 12:39 pm

There is no requirement to register.

If your marriage is recognised in the country it took place and was accepted for a spouse visa, then you are considered married.

Not sure what the issue is here or what 'rights' you are referring to.

Edit: beaten by Casa :wink:
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

bathanza
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Re: marriage registration ?

Post by bathanza » Sun Jul 30, 2017 1:15 pm

Let me get my 2pence in with this conversation.

Whilst this is not a requirement for an extension, one must ask themselves that if you want to be together where you are in a legally binding relationship. I would recommend that you do register. Not for your sake, but for the sake of your wife.

In the situation of life changes (God Forbid) things like wills and inheritance and future planning, she would not be legally recognised as your wife and complicate matters.

A family member was denied a Schengen Visa at the French Consulate just a few weeks ago as their Nikah paperwork was not translated in the right way they needed, if they had a UK marriage certificate, they wouldn't have had a problem. So they are planning a registry in a few weeks time.

Culturally British Muslims leave the registry after the Nikah. My brother registered with his british wife 18 months after marriage whilst she was almost due to give birth, they wanted to be LEGALLY married and not have a child born to parents who are "co-habiting" :) (they turned up in flip flops and a very large woman!)

Also, it's a lovely ceremony and you'll have a nice time.

Husband's timeline - overstayer 11 yrs
08/16 - FLR (FP) Partner, refused 02/18, 03/18 - JR permission refused with merit
08/18 - FLR FP (Partner) PSC - Approved
07/20 - FLR FP to FLR M Switch - Approved, 03/23 FLR M Ext Approved.

bathanza
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Re: marriage registration ?

Post by bathanza » Sun Jul 30, 2017 1:17 pm

CR001 wrote:There is no requirement to register.

If your marriage is recognised in the country it took place and was accepted for a spouse visa, then you are considered married.

Not sure what the issue is here or what 'rights' you are referring to.

Edit: beaten by Casa :wink:
There is a LOT of difference between living together "cohabiting" vs being married. https://www.citizensadvice.org.uk/famil ... fferences/ for information which explains it :) x

Husband's timeline - overstayer 11 yrs
08/16 - FLR (FP) Partner, refused 02/18, 03/18 - JR permission refused with merit
08/18 - FLR FP (Partner) PSC - Approved
07/20 - FLR FP to FLR M Switch - Approved, 03/23 FLR M Ext Approved.

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seagul
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Re: marriage registration ?

Post by seagul » Sun Jul 30, 2017 1:24 pm

Just ignore bathanza and follow casa and croo1. Read the following quote from official guide:
Marriage overseas
2.1 For a foreign marriage to be valid in English law, the following conditions must
normally be fulfilled:
• The marriage ceremony must be recognised as a valid form of marriage by the
law of the place of celebration (mixed marriages and "common law" marriages
are sometimes excepted - see paragraphs 9-10 below)
• Each of the parties to the marriage must have the capacity, under the law of the
place where he or she is domiciled at the time of the marriage, to marry the other
party in the manner proposed (see DOMICILE)
• Any previous marriage of either party must first have been validly terminated in
the eyes of English law (but see paragraph 8 below)
https://www.google.co.uk/url?sa=t&sourc ... sGXNyYFY6A
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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Casa
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Re: marriage registration ?

Post by Casa » Sun Jul 30, 2017 2:35 pm

Foreign & Commnwealth Office:
MARRIAGE


Marriage in the UK is governed by separate and different legislation in England and
Wales, Scotland and Northern Ireland. None of the Register Offices in England and
Wales, Scotland and Northern Ireland issue certificates of marital status.
Marriage
of British nationals abroad is governed by “THE MARRIAGE WITH FOREIGNERS
ACT 1906 (as amended)”.

Only a UK court of law can determine whether a particular marriage is valid under
UK law, however, generally speaking, if a ceremony is considered valid in the
country where the ceremony was performed, both parties to the marriage had the
capacity to marry under the law of the country of domicile and consented to marry
the other, it is likely to be recognised in the UK.

(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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Casa
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Re: marriage registration ?

Post by Casa » Sun Jul 30, 2017 2:39 pm

bathanza wrote:Let me get my 2pence in with this conversation.

Whilst this is not a requirement for an extension, one must ask themselves that if you want to be together where you are in a legally binding relationship. I would recommend that you do register. Not for your sake, but for the sake of your wife.

In the situation of life changes (God Forbid) things like wills and inheritance and future planning, she would not be legally recognised as your wife and complicate matters.

A family member was denied a Schengen Visa at the French Consulate just a few weeks ago as their Nikah paperwork was not translated in the right way they needed, if they had a UK marriage certificate, they wouldn't have had a problem. So they are planning a registry in a few weeks time.

Culturally British Muslims leave the registry after the Nikah. My brother registered with his british wife 18 months after marriage whilst she was almost due to give birth, they wanted to be LEGALLY married and not have a child born to parents who are "co-habiting" :) (they turned up in flip flops and a very large woman!)

Also, it's a lovely ceremony and you'll have a nice time.
If your brother married in a Registry Office in the UK without declaring he was already married to the same woman outside of the UK, then he was committing an offence. If his wife entered on a Spouse Settlement visa the foreign marriage would have been accepted as legal by the Home Office.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

bathanza
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Posts: 692
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Location: London
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Re: marriage registration ?

Post by bathanza » Sun Jul 30, 2017 2:53 pm

Casa wrote:
bathanza wrote:Let me get my 2pence in with this conversation.

Whilst this is not a requirement for an extension, one must ask themselves that if you want to be together where you are in a legally binding relationship. I would recommend that you do register. Not for your sake, but for the sake of your wife.

In the situation of life changes (God Forbid) things like wills and inheritance and future planning, she would not be legally recognised as your wife and complicate matters.

A family member was denied a Schengen Visa at the French Consulate just a few weeks ago as their Nikah paperwork was not translated in the right way they needed, if they had a UK marriage certificate, they wouldn't have had a problem. So they are planning a registry in a few weeks time.

Culturally British Muslims leave the registry after the Nikah. My brother registered with his british wife 18 months after marriage whilst she was almost due to give birth, they wanted to be LEGALLY married and not have a child born to parents who are "co-habiting" :) (they turned up in flip flops and a very large woman!)

Also, it's a lovely ceremony and you'll have a nice time.
If you brother married in a Registry Office in the UK without declaring he was already married to the same woman outside of the UK, then he was committing an offence. If his wife entered on a Spouse Settlement visa the foreign marriage would have been accepted as legal by the Home Office.
Good to know, both brother and sister in law are British born to British parents.

Apologies for not being crystal clear on this one. No offence has been committed.

Husband's timeline - overstayer 11 yrs
08/16 - FLR (FP) Partner, refused 02/18, 03/18 - JR permission refused with merit
08/18 - FLR FP (Partner) PSC - Approved
07/20 - FLR FP to FLR M Switch - Approved, 03/23 FLR M Ext Approved.

bathanza
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Posts: 692
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Location: London
United Kingdom

Re: marriage registration ?

Post by bathanza » Sun Jul 30, 2017 2:58 pm

seagul wrote:Just ignore bathanza and follow casa and croo1. Read the following quote from official guide:
Marriage overseas
2.1 For a foreign marriage to be valid in English law, the following conditions must
normally be fulfilled:
• The marriage ceremony must be recognised as a valid form of marriage by the
law of the place of celebration (mixed marriages and "common law" marriages
are sometimes excepted - see paragraphs 9-10 below)
• Each of the parties to the marriage must have the capacity, under the law of the
place where he or she is domiciled at the time of the marriage, to marry the other
party in the manner proposed (see DOMICILE)
• Any previous marriage of either party must first have been validly terminated in
the eyes of English law (but see paragraph 8 below)
https://www.google.co.uk/url?sa=t&sourc ... sGXNyYFY6A
Charming. My advice still stands. The OP can read up on it but offering friendly advice and real life scenarios. (unsure if OP is British Citizen)

Clearly 2 pence advice needs to be retracted by the looks of things.

Husband's timeline - overstayer 11 yrs
08/16 - FLR (FP) Partner, refused 02/18, 03/18 - JR permission refused with merit
08/18 - FLR FP (Partner) PSC - Approved
07/20 - FLR FP to FLR M Switch - Approved, 03/23 FLR M Ext Approved.

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Casa
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Posts: 25753
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: marriage registration ?

Post by Casa » Sun Jul 30, 2017 3:05 pm

Casa wrote:Foreign & Commnwealth Office:
MARRIAGE


Marriage in the UK is governed by separate and different legislation in England and
Wales, Scotland and Northern Ireland. None of the Register Offices in England and
Wales, Scotland and Northern Ireland issue certificates of marital status.
Marriage
of British nationals abroad is governed by “THE MARRIAGE WITH FOREIGNERS
ACT 1906 (as amended)”.

Only a UK court of law can determine whether a particular marriage is valid under
UK law, however, generally speaking, if a ceremony is considered valid in the
country where the ceremony was performed, both parties to the marriage had the
capacity to marry under the law of the country of domicile and consented to marry
the other, it is likely to be recognised in the UK.

(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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seagul
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Posts: 10201
Joined: Thu Nov 12, 2015 11:23 am
Mood:
United Kingdom

Re: marriage registration ?

Post by seagul » Sun Jul 30, 2017 3:14 pm

bathanza wrote:
seagul wrote:Just ignore bathanza and follow casa and croo1. Read the following quote from official guide:
Marriage overseas
2.1 For a foreign marriage to be valid in English law, the following conditions must
normally be fulfilled:
• The marriage ceremony must be recognised as a valid form of marriage by the
law of the place of celebration (mixed marriages and "common law" marriages
are sometimes excepted - see paragraphs 9-10 below)
• Each of the parties to the marriage must have the capacity, under the law of the
place where he or she is domiciled at the time of the marriage, to marry the other
party in the manner proposed (see DOMICILE)
• Any previous marriage of either party must first have been validly terminated in
the eyes of English law (but see paragraph 8 below)
https://www.google.co.uk/url?sa=t&sourc ... sGXNyYFY6A
Charming. My advice still stands. The OP can read up on it but offering friendly advice and real life scenarios. (unsure if OP is British Citizen)

Clearly 2 pence advice needs to be retracted by the looks of things.
If you Google search then get a lot of information according to your taste but you should only follow the official guidance by the relevant authorities. A lot of situations and circumstances vary from person to person, family to family which can't be fit towards others. If you wish you can stick on your point but i am issuing you back a refund of 2 pence :lol: :lol:
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

asif_sharif
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Posts: 417
Joined: Tue Jul 08, 2014 11:44 pm
Location: U.K essex
United Kingdom

Re: marriage registration ?

Post by asif_sharif » Sun Aug 06, 2017 8:24 pm

thanks for the info guys yes born here in u.k
married 21/02/2014
21/04/15 DOCUMENTS submitted
22/04/15 reaches BHC islamabad
REFUSED 10/07/2015
appeal 31/07/2015
payment 14th August
review deadline 24th December 2015
COURT DATE 18TH JANUARY 2017
entry allowed
wife arriving 29th April 2017

usmanj
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Posts: 46
Joined: Wed May 17, 2017 2:12 pm
United Kingdom

Re: marriage registration ?

Post by usmanj » Mon Aug 07, 2017 11:22 am

asif_sharif wrote:thanks for the info guys yes born here in u.k
Hey bro, this is going a bit off topic but I can see from your timeline that your Mrs visa was rejected first time. Why was this, if you dont mind me asking. I'm sending all paperwork for my Mrs this week so trying to tie all loose ends.

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