durrans20 wrote:'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.