In January 2004 I (British National) got married in Pakistan to my partner a Pakistan national. She got her UK settlement visa 6 months later and came to UK in Aug 2004. Unfortunately our marriage broke down soon after, we both agreed to a divorce and my ex-wife left the UK. We did NOT register our marriage in the UK, so the divorce took place in Pakistan a few months later and a divorce certificate was issued. There is no record of any marriage or divorce between me and my ex in the UK. Now i got married again in Pakistan in November 2008 and submitted settlement papers to the British High Commission in Islamabad and today my wife received the refusal letter which said that UK law does NOT recognize my previous divorce, even though the divorce certificate was submitted with the application. So the question is, should i now apply for a divorce document in UK (decree absolute?) and re-apply for the settlement visa or is it worth appealing?
This is the reply my other half got from the British High Commission today:
"I am satisfied that you meet the requirements of paragraph 281 of the Immigration Rules, except for the following:
Your sponsor has been previously married to <ex-wife>. You have, however, been unable to present documentary evidence to satisfactorily establish that your sponsor has undergone a divorce that is recognised under United Kingdom law and that the previous marriage has been dissolved. I note that the talaq you have provided appears to have been pronounced in the UK then sent to Pakistan to be registered with the relevant Union Council. As per the guidance on overseas divorce in Chapter 13 of the Entry Clearance Guidance this divorce is therefore not recognised under UK law. I am therefore not satisfied that the marriage you have contracted is valid.
I therefore refuse your application"
Thanks
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