2ND WIFE SETTLEMENT VISA REFUSED AS INVALID PAKISTAN DIVORCE

[corrado]

From the UKBA website it seems clear that as long as one OR the other party is domiciled in or normally resident in Pakistan a full divorce with proceedings under the MFLO as stated above is acceptable in the UK. I guess this means the spouse must not yet have entered the UK?

Also the proceedings must have been started in Pakistan, i.e. you cannot do it by post from the UK but you have to travel there and start the process via the Union Council.

[mrniceguy]

Hi,
which UKBA document/section do you point towards. I'm a little limbo here. We got married in Pakistan too.

[corrado]

The link is on the post by womanhandy on page 1 of this thread. Did your wife enter the UK as your spouse? And has also been quoted from in the first post on the same page.

[mrniceguy]

thanks been through the MFLO and Recognisation of Marriages/Divorce Doc by UKBA.

My first wife was also a British national too

[corrado]

N.B. If you and you're first wife are both British nationals (i.e. neither of you are Pakistani nationals nor ordinarily resident in Pakistan) then the overseas divorce will not be recognised n the U.K.

[mrniceguy]

Both Hold pakistani passports ie dual nationals

[durrans20]

RE: CORRADO''''N.B. If you and you're first wife are both British nationals (i.e. neither of you are Pakistani nationals nor ordinarily resident in Pakistan) then the overseas divorce will not be recognised n the U.K.''''

THIS IS NOT CORRECT STATEMENT, IN MY CASE ME AND MY EX-WIFE WERE BOTH DUAL NATIONALS AND OUR DIVORCE WERE TAKEN PLACE IN PAKISTAN WHEN WE JUST WENT FOR ONE MONTH.

THAT DIVORCE WAS RECOGNISE D IN THE UK AND WHEN I GOT MARRIED AGAIN MY EX-WIFE WAS IN UK AND UKBA ACCEPTED MY PAKISTAN DIVORCE AND ISSUED VISA TO MY 2ND WIFE.

BOTTOM LINE IS AS LONG AS YOU OR YOUR WIFE ARE PAKISTANI NATIONALS (REGARDLESS YOU HAVE UK NATIONALITY OR NOT) YOU HAVE A CHOICE TO OBTAINED DIVORCE IN PAKISTAN BUT ONLY AS PER MUSLIM FAMILY LAW ORDNANCE I.E: UNION COUNCIL

[corrado]

Correct, I wasn't referring to dual nationals, by definition a dual national will hold both British and Pakistani nationalities. (I did state that if neither have Pakistani nationality also!)

[sherjan]

[quote="durrans20"]

[sherjan]

My previous wife had also granted dependent visa. I submitted Pakistani Divorce certificate (attested by foreign office) with new wife’s documents. I was bit confused on this front that I might need to provide UK based divorce decree but Pakistani Divorce Certificate was fine. One extra thing I have done that I updated Home Office and British High Commission Pakistan as soon as my previous relationship break down.
I also sent HO and BHC Islamabad Tier-1 change of circumstances form when I got Divorce Certificate. I think informing HO and BHC during any change of circumstances process (not only divorce related) help you to avoid any complication in future.

Things Included with visa application
1. Marriage invitation and some marriage pictures as a proof
2. My Passport photocopy + Copy of Tier 1 (General) Visa
3. Salary Slip – one month
4. Letter of Employment
5. Bank Statements - Covering 3 months (£1100, £1200, £1400)
6. My Previous Marriage Divorce Certificate (computerized and attested by Foreign Office). Also, I have attached a separate cover letter for that.

[Annonymous]

Hi

I am also from Karachi Pakistan and currently living in the UK on a WP status I am in a 100% similar situations like durrans20. I also wanted to divorce my wife who's here on my dependant status that's quite unfortunate that our marriage break down despite of all my efforts. I wanted to proceed with my divorce and if I wanted to re-marry in Pakistan what are the documents do I require to apply for my 2nd wife visa process and the other thing I wanted to know is that how can I be able to proceed with my divorce here in UK its been almost 8 months now that I've separated from my wife thanks God we dont have any childrens.

Many thanks and desperately waiting for your reply.

[Annonymous]

Hi

Thanks for your prompt reply. But I am not too sure where is she at the moment as I am totally out of contact with her for the past 9 months or so she has got some relatives living in UK and basically she was just a visa seeker to the best of my understanding who has used me for this purpose rather than settling down as a wife any ways that's my bad luck brother.

My question is that can't I just send my divorce certificate to the Croydon office address I've managed to got the address with me. I dont really want to do the divorce process in UK as its really costly and I haven't registered my marriage here in UK at all. I would prefer to do the divorce in Pakistan as it clearly says that they also accept the divorce letter from Pakistan regardless if my wife is in UK or in Pakistan I think it doesn't really matter or does it really matter cause our marriage is already finished and I also wanted to know that does my wife also have to sign the divorce certificate. I dont have the Orignal Nikkah Nama (Marriage Certificate) with me either as she took all the Orignal documents with her but some how I've got the copy of her PP and Visa page.

Please kindly go through this link and kindly guide me if my understanding is correct or not

http://www.ukba.homeoffice.gov.uk/visas ... ship-ends/

On this page UKBA clearly says that I just have to submit divorce certificate from Pakistan which is acceptable and then its down to UKBA how they ask her to leave UK.

To the best of my understanding I think if she leaves UK or if she stays here that's down to UKBA to decide not on me as I am not in contact with her for the past 9 months or so and they clearly says in the immigration rules that I can submit my divorce from Pakistan.

Will you please kindly tell me that what will be the scenario in this case for me and if you also kindly give me a little brief about how to process a divorce in Pakistan with NADRA that would be great help for me brother.

Many thanks and desperately waiting for your reply.

[oneoneuk]

Hello Durran

would you like to tell me which soliciter did you have for your this case?
i have about the similar case as yours.
could you please reply as soon as possible and give me your email address i want to discuss with you please
REGARDS

[ilrupdates]

durran can you let me know the solicitor name you hired for the services. Thanks

[oneoneuk]

durran can you let me know the solicitor name you hired for the services. Thanks

hello ilrupdates
do you have the similar case dear
how can we communicate? any email or mobile number

[oneoneuk]

durran can you let me know the solicitor name you hired for the services. Thanks

hello ilrupdates,

Thanks for contact but i got email from this website says you got a message but it never authorise me to view the message.
kindly you post it here or email me oneoneuk at yahoo dot com
you are authorised to send private messages, did you manage to contact with durrans20 by any chance?

REGARDS

[oneoneuk]

hello ilrupdates

the message you send me i am not able to view that.

please contact oneoneuk at yahoo dot com

Regards

[oneoneuk]

[quote="sherjan"]

Hello dear Sherjan

i need to discuss with you about the similar case. how to contact you?
can you email me or send me yours? Please it would be the great great help for me
oneoneuk at yahoo dot com

REGARDS

[Annonymous]

Hi

I am exactly in the same boat as of durans20 and the home office has refused my 2nd wifes visa for the 2nd time so frustrating for both of us.

Any help.

Waiting for your reply.

[adnan111]

Hi

I am exactly in the same boat as of durans20 and the home office has refused my 2nd wifes visa for the 2nd time so frustrating for both of us.

Any help.

Waiting for your reply.

What reasons did they give?

Are you a Pakistani national, or lived in Pakistan and divorced according to law in Pakistan and not just got Islamic divorce?

If you were in exact same boat as Durans20 then your divorce would also have been legally accepted here as well.

[BinaH]

'Had you been domiciled in Pakistan say for a year or more at time of your divorce,I don't think you would have had any problem.'

This one year deomicile condiion is for 'bare talaq' means without any proceeding divorces.

If divorce is with proceeding like my divorce then you have to be hebitual resident OR domiciled OR citizen of that that country, this one year condition does not apply on my case I got full divorce by union council in Pakistan and served all necessary notices.

Hi Durran,
PLEASE REPLY
I am not sure if you are still active at this forum if you read please reply. i actually already applied for my husband spouse settlement visa. I am in wait of outcome. Hitting 56 working days.
I am bit concerned as i have same issue as was yours. I was previously got married in Pakistan Feb 2014 and I straight came back after 2 days of my marriage. Things couldnt work out due to some problems. So we 2 decided for divorce. As things decided on very early stages so never applied for his spouse visa in UK and my marriage was not recognised in UK. He never came to UK as well. I sent the power of Attorney to my solicitor as my representative to deal with my Divorce ( Khula) attested from Pakistani embassy Birmingham. I am Pakistani national and British citizen as well. I have attached all court proceeding and union council divorce certificate as well with our spouse visa application. My proceeding started on 18/09/2014 and i once visited Pakistan meanwhile my proceeding on 13th of Jan 2015 til 27th Jan 2015 and i was in Pakistan when court announced divorce on 17th Jan 2015.
submitted court proceeding to union council in June 2015. I wasnt there. Divorce effective september. i wanst there. but i visited 4th of Oct 2015 and Union council issued certificate on 6th Oct 2015. I got married with 2nd husband on 9th Oct.

My question is as i was duel national and my x husband was never entered to UK. This Divorce (Khula) is Valid according to UK law? My lawyer mentioned in covering letter this way. Please see below. I am so worried for this point. Please reply.

Previous Divorce of Applicant Annex: G

The applicant sponsor was divorced from Previous relationship.

The Divorce certificate of Applicant sponsor is attached.

Note:

Please note the applicant’s sponsor is dual national and was married previously in Pakistan. The Divorce was obtained by way judicial of proceedings. This divorce is also acceptable as per UK Law. For your assistance Overseas Divorce law is copied here, please see the following link,

https://www.gov.uk/government/publicati ... rces-set13

SET13.4 Recognition of overseas divorces which took place on or after 4 April 1988

Under the Family Law Act 1986 an overseas divorce obtained by means of judicial or other proceedings is recognised in the UK only if:

* it is effective under the law of the country in which it was obtained; and

* at the relevant date (that is, the date on which proceedings were begun), either party was either habitually resident or domiciled in that country or was a national of that country.

The term ‘judicial or other proceedings’ requires that there should have been some formal proceedings, either before a court or some other formal body recognised by the state for that purpose (for example, in Pakistan the Union Council). It is an important aspect that the judicial or other body should be impartial as to the outcome of the proceedings.

[noajthan]

The member in question has not even visited the Board for over 2 years.

Suggest open own topic with own question.