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pakistan marriage recognized in uk?

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kausar20
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pakistan marriage recognized in uk?

Post by kausar20 » Thu Oct 13, 2011 11:00 am

Asalam O Alaikum

I am a british citizen and recently went to pakistan to get married.
My husband is in the UK too on a work permit ( tier 2 )

Just want to know whats the way to register my marriage in this country, do I have to do the registry or I can use the Nikah certificate from pakistan in this country?

whats the procedure if its allowed to use it?
I have already got a translation which is certified by notary public? is that sufficient or something more has to be done to use in britain?

thanks

Lucapooka
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Post by Lucapooka » Thu Oct 13, 2011 11:04 am

You can't register overseas marriages in the UK; it's not possible and is not necessary. They are recognised by the UK if they are considered legal in the country where the marriage was contracted.

batleykhan
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Post by batleykhan » Thu Oct 13, 2011 11:24 am

If you want to make your marriage official the UK way, then you will have to do a registry wedding.( besides your existing nikkah)

Your Pakistani marriage is recognized in the UK if it was carried out in accordance with Pakistani Muslim Family Law requirements.

kausar20
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Post by kausar20 » Thu Oct 13, 2011 11:36 am

Dear Batley Khan,
Thanks for the reply
Can you please explain what is meant by Pakistani Muslim Family Law
requirements
I have seen the other post and read the whole reply posted by you but i am still confused and I am sorry that I didnt understand completely and I would appreciate if you can please guide me.

1. will they allow us to do the registry, even though we got married in pakistan? if they do ask, what shall we say

2. to get the pakistani marriage recognised in the UK, does it have to be attested by foreign office there? thats what a friend was saying and I got confused, because I do have the nikah nama from pakistan which is regd in that country

John
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Post by John » Thu Oct 13, 2011 4:59 pm

Let's just clarify, the marriage in Pakistan, is that recognised as a legal marriage in Pakistan?

If the answer to that is yes, then under the terms of the UK's Foreign Marriages Act 1892 the UK also recognises it as a legal marriage. So no need to get married in the UK, indeed impossible to do so because you cannot certify that you are unmarried!
John

kausar20
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hi

Post by kausar20 » Thu Oct 13, 2011 10:55 pm

dear john

please see what batleykhan said and try to see where i am coming from

"f you want to make your marriage official the UK way, then you will have to do a registry wedding.( besides your existing nikkah)"

ok lets just accept that i am not thinking of registering
would he able to change his visa on the basis of pakistan marriage certificate?

yes our marriage is recognised in pakistan

regards
kausar

John
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Post by John » Fri Oct 14, 2011 6:40 am

yes our marriage is recognised in pakistan
That being the case the UK already considers you to be legally married. Not only that neither you nor your spouse can certify to a UK Register Office that you are unmarried, so it is impossible to get married in the UK, well not without committing the serious criminal offence of perjury.
would he able to change his visa on the basis of pakistan marriage certificate?
Yes of course, no problem with that. But is the Pakistani marriage certificate in English? If not then when the visa application is made, supply not just the original Pakistani certificate but also a certified translation into English.
John

batleykhan
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Post by batleykhan » Fri Oct 14, 2011 9:34 am

In Pakistan you can perform a nikkah, but not necessarily register your marriage.

Whilst you are deemed to be married Islamically by having a nikkah, you are not deemed to be married in law untill you don't register that marriage with the appropriate authorities in Pakistan. The Muslim Family law that I mention is the legislation of the Govt of Pakistan under which marriage takes place.
There are instances where people perform nikkah in Pakistan, but do not register their marriage, as they want the marriage ceremony to take place here in the UK.

If that is the case,then the applicant must apply as a fiancé and not as a spouse. On arrival here in the UK, you can then make carry out a registry wedding only and not a nikkah, as you have already done that in Pakistan.

If you have registered your marriage in Pakistan,then you would not be allowed to perform a registry wedding here, as you are already deemed to be married and that marriage carried out in Pakistan is legally accepted and recognized by the UK.

Hope that clears up the matter for you.

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Post by John » Fri Oct 14, 2011 9:40 am

batleykhan, that is the crux of the matter. Is the marriage in Pakistan recognised as a legal marriage there, or was it solely just a religious ceremony?

kausar20, please clarify.
John

jazbaati99
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Post by jazbaati99 » Fri Oct 14, 2011 3:20 pm

Hi John

Just to clarify, it is legal marriage in Pakistan. The Islamic / religious marriage and registration happens at the same time. You fill multiple copies of Nikah nama (marriage certificate) and they all are signed by both bride, groom and all the witnesses. One of the copy is send to local council for their record (the registration part of the marriage)

So stop worrying. You are legally married and your nikah nama (marriage certificate) is acceptable legal document for visa issues etc and you will not have any problem what so ever.

As John rightly pointed out, your marriage is recognized under UK law and you do not need to do anything more. You do need to get the certificated translated unless you have the english version of nikah nama.

Hope it helps.

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Casa
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Post by Casa » Fri Oct 14, 2011 5:41 pm

jazbaati99 what John is attempting to clarify is whether the marriage was actually registered with the local council after the Nikkah ceremony or not. As yet, this hasn't been confirmed.

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Post by jazbaati99 » Fri Oct 14, 2011 10:34 pm

Hi Casa

The guy conducting the Nikah (religoius marriage) has to be a registered Nikah Khavan. It is his responsibility to submit one original copy of nikah nama (marriage certificate) to the local council and get it registered. So in short as long as the nikah was presided over by a registered nikah khavan (which is the case almost 100% of the time) the marriage is indeed registered with the local council. There is no separate process of getting your religious marriage registered (unlike for hindu marriages where it is a two step process).

As an anology think of it as the registerar who conducts both the religous and civil part of the marriage.

Hope it helps

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Post by jazbaati99 » Fri Oct 14, 2011 10:37 pm

In short if the nikah is conducted by a registered nikah registerar (which is almost always the case) then all is ok

From http://www.vakilno1.com/saarclaw/pakist ... inance.htm

5. Registration of marriage.
(1) Every marriage solemnized under Muslim Law shall be registered in accordance with the provisions of this Ordinance.

(2) For the purpose of registration of marriage under this Ordinance, the Union Council shall grant licenses to one or more persons, to be called Nikah Registrars, but in no case shall more than on Nikah Registrar be licensed for any one Ward.

(3) Every marriage not solemnized by the Nikah Registrar shall, for the purpose of registration under this Ordinance be reported to him by the person who has solemnized such marriage.

(4). Whoever contravenes the provisions of such-section (3) shall be punishable with simple imprisonment for a term which may extent to three months, or with fine which may extend to one thousand rupees, or with both.

(5). The form of nikahnama, the registers to be maintained by Nikah Registrars, the records to be preserved by Union Councils, the manner in which marriage shall be registered and copies of nikhanama shall be supplied to parties, and the fees to be charged thereof, shall be such as may be prescribed.

(6) Any person may, on payment of the prescribed fee, if any, inspect at the office of the Union Council the record preserved under sub-section (5), or obtain a copy of any entry therein.

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Re: pakistan marriage recognized in uk?

Post by batleykhan » Sat Oct 15, 2011 6:55 pm

kausar20 wrote:Asalam O Alaikum

I am a British citizen and recently went to Pakistan to get married.
My husband is in the UK too on a work permit ( tier 2 )

Just want to know whats the way to register my marriage in this country, do I have to do the registry or I can use the Nikah certificate from Pakistan in this country?
whats the procedure if its allowed to use it?
I have already got a translation which is certified by notary public? is that sufficient or something more has to be done to use in Britain?

thanks[/quot
If OP has the nikkah certificate,there is a good chance that OP has carried out a marriage in accordance within the rules of Pakistani legislation.otherwise she would not be issued with nikkah namah certificate that OP claims to have in her possession.She has therefore carried out a legal marriage and would therefore not be able to carry one out here in UK

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Post by kausar20 » Mon Oct 17, 2011 12:48 pm

Dear All

Firstly Thank you so much for all the replies and clearing all the confusions
My nikah was registered and Hopefully everything will be fine inshAllah when we apply.

I will post any questions if I need more help which I will surely :)

JazakAllah for the help and advice

Regards
Kausar

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Post by kausar20 » Mon Oct 17, 2011 12:50 pm

Moderators,

Can i suggest that these points can be sticked on the first page re: marriage certificate (abroad) accepted in the Uk when applying and rules to register.

I am sure it will be a big help for people who are seeking to clarify these problems

Regards
Kausar

khizard
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Post by khizard » Fri Jan 11, 2013 1:14 am

What documents need to be produced when we go to registrar office ? if the bride is English and the groom is Pakistani National on Work-Permit visa.

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Post by innocentdevil » Fri Jan 11, 2013 9:50 am

people need to understand, Nikkah is the marriage under Islamic law. When there is a Nikkah between a man and a wife, you sign legal documents, 4 of them 1 for married couple, one for registry, one goes to Masjid and one goes to council so it gets registered.

@ Batleykhan : by not registering, do you mean no marriage ceremony? If thats what you mean then it don't matter because nikkah on its own in front of 4 witnesses will suffice that marriage is registered.

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Re: pakistan marriage recognized in uk?

Post by innocentdevil » Fri Jan 11, 2013 9:52 am

batleykhan wrote:
kausar20 wrote:Asalam O Alaikum

I am a British citizen and recently went to Pakistan to get married.
My husband is in the UK too on a work permit ( tier 2 )

Just want to know whats the way to register my marriage in this country, do I have to do the registry or I can use the Nikah certificate from Pakistan in this country?
whats the procedure if its allowed to use it?
I have already got a translation which is certified by notary public? is that sufficient or something more has to be done to use in Britain?

thanks[/quot
If OP has the nikkah certificate,there is a good chance that OP has carried out a marriage in accordance within the rules of Pakistani legislation.otherwise she would not be issued with nikkah namah certificate that OP claims to have in her possession.She has therefore carried out a legal marriage and would therefore not be able to carry one out here in UK

what do you mean, there is a good chance. Nikkah means marriage under shariya law. The rest of ceremonies like mehndi, walima etc etc are not important anyway.

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Post by vinny » Fri Jan 11, 2013 10:35 am

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