Immigrationboards.com

[Annonymous]

Hi

I am from Pakistan and I'm here on my ILR and unfortunately I divorced my wife recently in Pakistan. She's here on my dependant visa which was a WP dependant and I haven't applied for her ILR as we got divorced.

We haven't registered our marriage in the UK and I've read in the forum that the divorce from Pakistan will be accepted by the HO to cancel her dependant visa is that correct ?

If I cancel her dependant visa status will the HO will ask from me about her ware abouts, as I am not to sure where is she living at the moment as she's got some relatives in UK as well which I am not sure where do they live and we got separated nearly 11 months ago before getting divorced finally I've divorced her in Pakistan in her absence by handing over the divorce certificate to her parents so according to the Islamic Law of Pakistan

I am getting married again in Pakistan just wanted to know that how can I updated the HO regardig my previous wife divorce ?

My other question is that which form do I've to use to apply for my new wifes visa from Pakistan ?

How long do I've to wait after updating the HO regardig my divorce and applying for my new wifes visa from Pakistan.

Which English language test is my wife has to give from Pakistan to apply for her visa.

Many thanks and waiting for your Useful replies.

[Casa]

You will have to divorce in the UK for it to be recognised as legal by the UKBA and under British law. It's irrelevant whether you registered your marriage here or not. If you re-marry, for immigration purposes this marriage will be void. I suggest you seek advice from a solicitor specialising in family law and who is experienced in handling International divorce cases...especially when you have no idea where your estranged wife is and are therefore unable to serve her with divorce papers.
This link helps to explain: http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/chp8-annex/recog.pdf?view=Binary
6.2. Transnational divorce
To be capable of recognition, an overseas divorce must be instituted and obtained in
the same country. Therefore no form of talaq pronounced in the United Kingdom is
capable of recognition as a valid form of divorce. Divorces purporting to be a full talaq
where the proceedings started in this country with the man pronouncing talaq three
times here, and then writing to the Union Council and his wife in Pakistan, are not
recognised here. This was held by the House of Lords in 1986 in the case of Ghulam
Fatima.