2ND WIFE SETTLEMENT VISA REFUSED AS INVALID PAKISTAN DIVORCE

[batleykhan]

Well the only way you are going to find out the answer is to appeal and wait for the decision of the adjudicator

[durrans20]

Hi All,

Today we got the calling letter, I was confident from the day one that my documents were OK, With the grace of great Allah we got the following letter to re-submit the passport. thanks for all your help.

CALLING LETTER

We have received your completed appeal papers and further supporting documentation in respect of your recent entry clearance refusal. In light of these new submissions it has been decided that the refusal decision should be overturned and the visa issued. You should re-submit your passport as detailed in this letter to allow this process to be completed.

With reference to your application for entry clearance, please call at your nearest Gerry's International Visa Application Centre, call centre’s number: 0900 10411, on any working day with the exception of public holidays to get an appointment for submission of your passport.

[mrniceguy]

Hi,
I've received a similar letter and very confused on how to progress.
- I used a immigration solicitor to do my application and wished I was advised as I could have applied for a UK Divorce.
- I was advised to just continue with divorce in Pakistan I was married here and hold dual nationality (ie Pakistani and British). I received my Divorce Certificate from NADRA (Govt of Pakistan) approx 4 months later.
- In Parallel I did check with UK Expat Divorce lawyer and he advised me that Pakistan divorce was acceptable globally and did not need to do an divorce application in UK.
- I've been in Pakistan for more than a year now (if it means anything)
- I have been now told I should Appeal but I am more concerned about doing the right thing. Don't want to ruin my chances or my case just because I dont have good/complete advise.

[durrans20]

As long as your divorce is taken as per Pakistan law it should be recognised in the UK.

so you need to make sure with the divorce certificate issued by NADRA, you also need to include.

-your notice of divorce to the union council.
-your notice of divorce to your ex-wife
-wait for 90 days and after that you get this certificate.

so as long as you have all these documents your divorce will be recognised in the UK as long as you were Pakistani national at the time of beginning of the divorce process (i.e when you give notice to union council)

[mrniceguy]

Thanks Durrans for advise

May I ask who you used for your immigration advise.

Unlike your case I am also domiciled in the UK. (by birth) even though I have a Pakistani passport (is this going to be my justification for applying for divorce in Pakistan) and is it irrelevant where my ex wife is domiciled ?

Process i followed
- The Statement that I gave the union council has been submitted to them. (on some stamp paper in urdu)
- In addition I remember I had to return to the union council a few times to see if there was a response from my ex-wife or her wali
- There was an advert then placed in the local newspaper
- Then after all that I was then informed one day that I have been issue a Divorce Certificate.

Providing Evidence
1 - Letter I can perhaps can a copy ? and then an attested translation. hence i served the union council
2 - How to do I prove my ex-wife was served ? as she did a no show. and then an ad was put in the local new paper.
3 - Then after a certain period the divorce was issued. Do i need to union council to write me a letter confirming this. In addition the NADRA form does state when the talaaq was given. and when the certificate was issued.

Do I need to tell that I am a Pakistani national ? because they already had copies of my Pakistan passport attached proving I have been living in Pakistan with my current wife for over a year.

Really appreciate your advise.

Thanks

[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.