FLR(M) help

[shah10]

please help:

I am non eea indian national and i was student in december 2006 when i was married (according to islamic law) in india. Then my x wife came to UK on student dependent visa but due to some reason we are separated and then i given divorce (july 2008) according to islamic law. Then my x wife gone back to india after one month of divorce (sep 2008) and she never came back since then and her student dependent visa expired in jan 2009.

I am living with my british partner (from june 2009) and we have 1 kid (born in feb 2011). I am only married to current partner according to islamic law in uk (not registered english marriage). Now i want to apply for FLR(m) (un married partner) application on 6th of july in Sheffield and i got all paper work with me ready.

My questions are:

1) I extend my visa after divorce twice (tier 4 and then tier 1) and i never sent my divorce letter to ukba, so any one know they will ask me now to provide them proof that i am divorced?

2) i am not british and non eea citizen will they accept copy of islamic divorce letter which i gave to my x wife or do i have to provide them english divorce certificate?

thanks for any help

[s.uk]

Your Islamic divorce is invaild in the eyes of uk law u have to get divorce asccording to Indian Panel Code of Marriage Law from india and your second marriage is invalid according to UK law not islamic law as when your on student visa ur x wife must has give proof of your marriage so UKBA will have that record rember your past follow you

[shah10]

yes x wife gave islamic marriage proof at the time of dependent visa.
I got letter from indian court issued on my name and also attested from foreign office in india as well, and i got divorce letter which i signed front of 2 witnesses in uk. (I given authority to my dad to deal in court behalf of me because i am unable to go back due to security reason - and my authority letter been attested and approved by indian embassy in london in march 2011) i received court letter in feb 2012.

i never been out of uk since 2006.

I also called ukba 3 months ago regarding send them islamic and court divorce letter but they told me if you divorced your x and she is not living in uk any more then we don't need any proof from you. as far as she gone back.

what you think i will be ok or i can cancel my appointment ?

[asim72]

Let us not confuse things here.
The application being made is as unmarried partner.
There is no express requirement of him having divorced from this previous wife, but it has to be proved that relationship has completely broken down. From the circumstances it will be clear to the caseworker that his previous marriage is completely broken down, but I am sure its not a good idea to apply for the peo same day service, as they only deal with straightforward cases.

[asim72]

Also make it clear that, your divorce is not valid, and you are still married to you previous wife according to UK law.

[s.uk]

Religious marriages/divorces are discretionary/debatable in Home Office sp divorce it has to be done by any goverment offical body Only Chruch of England has right to conduct Marriage officaly but in your case its not applicable i can suggeste that your applying for unmarried partner in POE is waste of money because your case is not straight foward and out come may be not in your favour its better to get divorce from india since u have not went to india for a long time take it as a hoilyday u may need it

[shah10]

holiday hahaha

i got the divorce letter from court in new delhi but as i mentioned above my father applied in court for divorce behalf of me and he received the letter and send it to me (i given authority to my father to deal divorce case behalf of me because i was enabled to go for some reason).
Also if i go for 3 months holiday in india and apply for divorce then i am 100% sure they will not decide the case in 3 or even 6 months time because court doing very slow process in india on divorce cases i think around 12 to 18 months.

i will wait for one last response on this from you guys then i will decide i will go or cancel the appointment.

waiting for response, many thanks

[geriatrix]

shah10,

your first marriage was legal under UK law, else your spouse wouldn't have been granted entry clearance in the first place. Just because you had an islamic marriage doesn't mean that it is not recognized in the UK. If the marriage was legal in the country where it took place, it is legal under UK law as well.

Regarding your divorce, if the letter issued by the Indian court certifies that the marriage has been annulled, then the divorce is legal under UK law as well.

[shah10]

thanks sushdmehta

yes i got certificate
and also got the authority letter which i sent to my father that he can deal with this case (approved from indian high commission in london)

[geriatrix]

If the letter from Indian court is not in English, get a translation done, and take both the documents with you on the day of your PEO appointment.

[s.uk]

why r u confusing us if u have ur divorce accrding to the law then go ahead you keep on changing your words

[shah10]

one last question:

suppose if for some reason my visa is refuse will i get appeal chance or not? (my current visa expiring in march 2013 - tier 1)

thanks

[geriatrix]

If it is refused before the expiry date of your current leave, then no.

[shah10]

thanks

[s.uk]

but still your pass will follow you

[shah10]

s.uk

thanks , bless you

i wish you stay happy


regards
shah

[shah10]

Special thanks and blessing to every one accept S.uk...... got it