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Help needed with Divorce process in Azad Khasmir and Visa

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Raheem123
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Help needed with Divorce process in Azad Khasmir and Visa

Post by Raheem123 » Thu Jan 24, 2013 8:31 pm

Hi everyone

I want to ask a question which is not on the UKBA website to Sponsor Wife for spouse visa.

If a person married and then divorced his wife. And The wife has never entered the UK and no visa was issued. What documents do i need to provide to prove the divorce if i am now applying for a spouse visa for my new wife?

this is the info on ukba website

"The MFLO (Muslim Family Law Ordinance 1961) procedures have not been formally extended to Azad Kashmir. The only form of divorce which can be recognised there is the traditional bare form. If a bare talaq divorce takes place in Azad Kashmir, it will be recognised in the UK only if:

1. the husband and wife are both domiciled in Azad Kashmir, and
2. neither partner has been habitually resident in the UK in the year immediately preceding the pronouncement of the divorce."

im not domiciled to Azad khasmir, im a uk citizen.

What will i provide instead of Divorce Certificate from Union Council?

Please let me know for further details. Waiting for reply.

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equitydealer
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Post by equitydealer » Fri Jan 25, 2013 10:33 am

The union council can only carry out the divorce process where the wife is resident, or failing that where there is a substantial family link in the area served by that union council.

Please provide some info on where the marriage took place and where your wife is currently residing. Has your wife been issued with a spouse visa already?

Raheem123
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Post by Raheem123 » Fri Jan 25, 2013 11:22 am

equitydealer wrote:The union council can only carry out the divorce process where the wife is resident, or failing that where there is a substantial family link in the area served by that union council.

Please provide some info on where the marriage took place and where your wife is currently residing. Has your wife been issued with a spouse visa already?
thanks for reply,
the wife is resident in Azad Kashmir, thats where the marraige took place. no spouse visa was issued to her.

Raheem123
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Post by Raheem123 » Fri Jan 25, 2013 11:24 am

do you know if i can apply for the divorce at the pakistan embassy in london, rather than travelling all the way there,

i have tried to phone them for 2 days now, no one picks up the phone

Raheem123
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Post by Raheem123 » Fri Jan 25, 2013 8:45 pm

Raheem123 wrote:do you know if i can apply for the divorce at the pakistan embassy in london, rather than travelling all the way there,

i have tried to phone them for 2 days now, no one picks up the phone
anyone know if i can apply for the divorce at the pakistan consulate/embassy in london?

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equitydealer
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Post by equitydealer » Sat Jan 26, 2013 1:53 pm

No you can't divorce her from here. Even though the Pakistan embassy is technically part of Pakistan, a divorce pronounced from here want work. You will need to travel to Pakistan or divorce her here through the English courts.

Raheem123
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Post by Raheem123 » Sat Jan 26, 2013 8:42 pm

equitydealer wrote:No you can't divorce her from here. Even though the Pakistan embassy is technically part of Pakistan, a divorce pronounced from here want work. You will need to travel to Pakistan or divorce her here through the English courts.
Thanks for the info.

Do you know if I can send someone to the union council on my behalf to fill out the divorce forms?

dr_bhx
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Post by dr_bhx » Sun Jan 27, 2013 9:13 am

Raheem123 wrote:
equitydealer wrote:No you can't divorce her from here. Even though the Pakistan embassy is technically part of Pakistan, a divorce pronounced from here want work. You will need to travel to Pakistan or divorce her here through the English courts.
Thanks for the info.

Do you know if I can send someone to the union council on my behalf to fill out the divorce forms?
Please answer the following questions.
1) when and where did u get married? Did you had marriage registered in Union council? Did you had it attested by foriegn affairs and did you submit it in UK at all?

2) how did you divorce your wife? Was it only verbal? did you send a written notice? If yes , where?

I recently sponsored my new wife to UK and we got visa after a lot of hassle as we did not provide adequate documentation to the visa officer satisfaction at first but re applied and visa was granted.

You have to get a divorce certificate by submitting a divorce deed to your wife and importantly a copy to the local arbitrary council(it is based in Union council). They will then contact your wife's family and you will have to wait for 3 months in which her family will be contacted thrice whether they respond to it or not after 3 months they can issue you a divorce certificate.

They will stamp it with a reference number. Ask them to give you an English version as well. Get it stamped(by secretary and chairman of that Arbitrary council). Get both these certificate notarised first and they get them counter attested by Ministry of foreign affairs . This divorce dceed will be accepted by Visa officer.

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equitydealer
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Post by equitydealer » Sun Jan 27, 2013 8:47 pm

Raheem123 wrote:
equitydealer wrote:No you can't divorce her from here. Even though the Pakistan embassy is technically part of Pakistan, a divorce pronounced from here want work. You will need to travel to Pakistan or divorce her here through the English courts.
Thanks for the info.

Do you know if I can send someone to the union council on my behalf to fill out the divorce forms?
No you will have to do it from there yourself in order for it to be recognised by the UK courts. It's recommended that you show your visa entry to Pakistan to show you were there for the divorce as part of the next spousal visa application pack.

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