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Divorce and new marriage

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ilrupdates
Member of Standing
Posts: 290
Joined: Sat Jul 07, 2012 8:24 am

Divorce and new marriage

Post by ilrupdates » Sun Jan 12, 2014 5:29 pm

Hi All,
I got married in Pakistan 3 years ago and and my wife changed her ID Card and Passport with my name (as her husband).
I came back alone to UK one month after our marriage and then an issue arose among us due to that issue I sent her divorce notice from UK while she was staying in Pakistan, the copy of that divorce notice was sent to concerned UNION COUNCIL in Pakistan also. after that I visited Pakistan for couple of days and came back to UK but the divorce certificate was not issued by then. after few weeks my divorcee came to UK on a student visa which was stamped on her previous Passport (the Passport she had before our marriage with name of her Father/not mine as her husband) I again visited Pakistan after 10 months of this scenario and went to concerned Union Council and received Computerised Divorce Certificate which I soon after got attested from the office of Foreign affairs Lahore.

Keeping the above situation in mind:
1. Is that divorce certificate enough to prove that previous marriage has been dissolved if I sponsor my next wife ?
2. My Divorcee (Ex-wife) is in UK now a days, may her presence cause a trouble? But I never sponsored her for visa at any stage
3. Is it mandatory that both (Husband and wife) must be Physically present in Pakistan at the time of divorce?
4. Any further suggestion for me in this case as I am going to remarry next week in Pakistan and intend to sponsor my new wife .

Thanks for reading and replying to my post in anticipation.
Disclaimer: I am neither an immigration lawyer nor an OISC qualified/registered member. Suggestions given by me are based on personal experience. Don't treat my advice as a substitute for legal opinion.

abdulraheem123
Member
Posts: 185
Joined: Wed Jan 08, 2014 11:19 pm

Re: Divorce and new marriage

Post by abdulraheem123 » Sun Jan 12, 2014 5:57 pm

When you married your ex-wife and applied for her new passport and id card, Why didnt there take back her old passport as surely the old passport becomes invalid if a new one is issued?

if the passport she used for her entry to the uk was invalid at the time of entry, then you can let ukba that she entered the country illegally but it may not do you any favors by telling them that your ex-wife has done fraud, as there may suspect your new application further

ilrupdates
Member of Standing
Posts: 290
Joined: Sat Jul 07, 2012 8:24 am

Re: Divorce and new marriage

Post by ilrupdates » Mon Jan 13, 2014 10:22 am

I was married in May 2011 and and she got new ID Card and passport in July 2011 with my name as her Husband.
Her previous passport was not cancelled because she had already got STUDENT VISA on it for about 2 years longer. she got and processed all this before we came to know each other and then got married.
Disclaimer: I am neither an immigration lawyer nor an OISC qualified/registered member. Suggestions given by me are based on personal experience. Don't treat my advice as a substitute for legal opinion.

ilrupdates
Member of Standing
Posts: 290
Joined: Sat Jul 07, 2012 8:24 am

Re: Divorce and new marriage

Post by ilrupdates » Wed Jan 15, 2014 1:32 pm

Hi can anybody please reply to my above posts in detail.
thanks
Disclaimer: I am neither an immigration lawyer nor an OISC qualified/registered member. Suggestions given by me are based on personal experience. Don't treat my advice as a substitute for legal opinion.

batleykhan
Moderator
Posts: 3573
Joined: Mon Jul 30, 2007 4:58 pm
Location: West Yorkshire

Re: Divorce and new marriage

Post by batleykhan » Thu Jan 16, 2014 5:24 pm

ilrupdates wrote:Hi All,
I got married in Pakistan 3 years ago and and my wife changed her ID Card and Passport with my name (as her husband).
I came back alone to UK one month after our marriage and then an issue arose among us due to that issue I sent her divorce notice from UK while she was staying in Pakistan, the copy of that divorce notice was sent to concerned UNION COUNCIL in Pakistan also. after that I visited Pakistan for couple of days and came back to UK but the divorce certificate was not issued by then. after few weeks my divorcee came to UK on a student visa which was stamped on her previous Passport (the Passport she had before our marriage with name of her Father/not mine as her husband) I again visited Pakistan after 10 months of this scenario and went to concerned Union Council and received Computerised Divorce Certificate which I soon after got attested from the office of Foreign affairs Lahore.

Keeping the above situation in mind:
1. Is that divorce certificate enough to prove that previous marriage has been dissolved if I sponsor my next wife ?

No

2. My Divorcee (Ex-wife) is in UK now a days, may her presence cause a trouble? But I never sponsored her for visa at any stage

Doesn't matter as he has come on existing student visa

3. Is it mandatory that both (Husband and wife) must be Physically present in Pakistan at the time of divorce?

Yes

4. Any further suggestion for me in this case as I am going to remarry next week in Pakistan and intend to sponsor my new wife .

My advise is to visit Pakistan and issue islamic talaaq according to Pakistani law( ie giving 90days notiece to teh local Union Council where nikkah was registered).Once this procedure is complete , the remarry and apply for spouse visa.If you dont do this your new marriage will not be accepted by BHC in Pakistan

Read this
http://www.ukba.homeoffice.gov.uk/polic ... 3/#header5

Thanks for reading and replying to my post in anticipation.

abdulraheem123
Member
Posts: 185
Joined: Wed Jan 08, 2014 11:19 pm

Re: Divorce and new marriage

Post by abdulraheem123 » Thu Jan 16, 2014 6:16 pm

Are you domiciled in the UK? As if you are you need to check whether your divorce will be accepted by ukba, as if you are domiciled in the uk and your ex-wife is also in the UK, the UKBA may expect you to get a divorce through the uk courts.
I have heard two opinions so far, one says that a Pakistan divorce will be ok and the second opinion says that as you are now domiciled in the uk then you need a uk divorce through the courts. i dont know if this may only apply to azad kashmir where i am from or may even apply to pakistan?

i am trying to find more info on this myself, so if any moderators can put more light on this matter then it will be greatly appreciated

ilrupdates
Member of Standing
Posts: 290
Joined: Sat Jul 07, 2012 8:24 am

Re: Divorce and new marriage

Post by ilrupdates » Sun Jan 19, 2014 8:34 am

Thanks dear batleykhan and abdulraheem123 for reading the post and replying to it.

batleykhan as I had mentioned in my post that I sent divorce notice from uk to Pakistan, but after a week later I myself went to Pakistan and my ex wife was already present there. so we both appeared in the office of our concerned union council and submitted our statements there that we both no longer want to continue our marriage. although those statements were written on a simple paper. we both also signed a separation deed on a stamp paper bought from the local stamp paper seller in the district courts (Kachehri) and got it attested from the notary public. And after 4 months of this process, that union council issued us a divorce certificate so I went again Pakistan to collect that divorce certificate.

Now does it not prove that I and my ex-wife both were present there in union council at same time? and after 4 months when union council issued divorce certificate, I was again there in Pakistan?
Disclaimer: I am neither an immigration lawyer nor an OISC qualified/registered member. Suggestions given by me are based on personal experience. Don't treat my advice as a substitute for legal opinion.

abdulraheem123
Member
Posts: 185
Joined: Wed Jan 08, 2014 11:19 pm

Re: Divorce and new marriage

Post by abdulraheem123 » Mon Jan 20, 2014 9:02 pm

i would like to know the answer to the above also as i am in a similar boat to yours

ilrupdates
Member of Standing
Posts: 290
Joined: Sat Jul 07, 2012 8:24 am

Re: Divorce and new marriage

Post by ilrupdates » Wed Jan 22, 2014 9:09 am

yes abdulraheem123 I am also still waiting for the reply to my last post, any one expertises regarding this this kind of matter please update me . Thanks

abdulraheem123 can you PM me your contact no to my inbox if you dont mind so we both can discuss over this matter as we both are in the same boat
Disclaimer: I am neither an immigration lawyer nor an OISC qualified/registered member. Suggestions given by me are based on personal experience. Don't treat my advice as a substitute for legal opinion.

ilrupdates
Member of Standing
Posts: 290
Joined: Sat Jul 07, 2012 8:24 am

Re: Divorce and new marriage

Post by ilrupdates » Sun Jan 26, 2014 9:39 am

ilrupdates wrote:Thanks dear batleykhan and abdulraheem123 for reading the post and replying to it.

batleykhan as I had mentioned in my post that I sent divorce notice from uk to Pakistan, but after a week later I myself went to Pakistan and my ex wife was already present there. so we both appeared in the office of our concerned union council and submitted our statements there that we both no longer want to continue our marriage. although those statements were written on a simple paper. we both also signed a separation deed on a stamp paper bought from the local stamp paper seller in the district courts (Kachehri) and got it attested from the notary public. And after 4 months of this process, that union council issued us a divorce certificate so I went again Pakistan to collect that divorce certificate.

Now does it not prove that I and my ex-wife both were present there in union council at same time? and after 4 months when union council issued divorce certificate, I was again there in Pakistan?

Can any one help me out on this issue please? Thnaks
Disclaimer: I am neither an immigration lawyer nor an OISC qualified/registered member. Suggestions given by me are based on personal experience. Don't treat my advice as a substitute for legal opinion.

abdulraheem123
Member
Posts: 185
Joined: Wed Jan 08, 2014 11:19 pm

Re: Divorce and new marriage

Post by abdulraheem123 » Tue Jan 28, 2014 8:40 am

I did pm you before, did you get it?

abdulraheem123
Member
Posts: 185
Joined: Wed Jan 08, 2014 11:19 pm

Re: Divorce and new marriage

Post by abdulraheem123 » Tue Jan 28, 2014 8:46 am

Also I spoke with a uk Soliciter and for me to get a divorce in uk for my ex-wife on Pakistan it can take ok infer than 6 months maybe even 9 months he said.
Whereas if I get it in Kashmir it's done in the court on the same day. That's what I heard. That there give you an official document for divorce in the Kashmir court.

So I will be submitting that, and if I get rejected on that issue then i am hoping it goes through on the appeal.
As me waiting 9months for a uk divorce and then the ukba to still refuse on another rubbish reason can happen

ilrupdates
Member of Standing
Posts: 290
Joined: Sat Jul 07, 2012 8:24 am

Re: Divorce and new marriage

Post by ilrupdates » Tue Jan 28, 2014 9:27 am

Yes I have seen that PM now, will speak to you today after 7PM
Disclaimer: I am neither an immigration lawyer nor an OISC qualified/registered member. Suggestions given by me are based on personal experience. Don't treat my advice as a substitute for legal opinion.

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