Dear all,
I need help regarding the following case. Since, I do not have much knowledge about the EUSS Family Permit route, I would request and appreciate any help from the experts here. TIA.
Overview:
Girl: German National lives in UK since 2008, I believe has Settled Status.
Boy: Lives in Pakistan.
Marriage: November 2019 in Pakistan. Girl went to Pakistan to get married.
Background:
The boy applied for an EUSS Family Permit in Dec 2019 but was refused (reason that marriage certificate is not accepted), applied a couple of times after that and refused again. The last time was pursued by a solicitor in UK but still unsuccessful.
Ahmadis in Pakistan
Unfortunately, Ahmaddiya Muslim Community in Pakistan is declared as non-Muslims in their own country since 1974. They are denied basic rights and oppressed in their own country even being Pakistani Citizens.
Therefore, the couple’s marriage is not registered in Pakistan. But instead, Ahmaddiya Muslim Community (Ahmadis) has their own process to register marriages. Although, Ahmadi’s marriage is not registered in Pakistan by Government’s registrar, but NADRA ( National Database & Registration Authority) PAKISTAN (official government institution) does acknowledge the marriage and issues a National Identity Card and Family Registration Certificate which has the husband name as the applicant.
The refusal is as follows:
Refusal:
Reasons for Refusal
On XX November 2020 you made an application for an EU Settlement Scheme (EUSS) Family Permit under Appendix EU (Family Permit) to the Immigration Rules on the basis you are a 'family member of a relevant EEA citizen'.
I have considered whether you meet the validity, eligibility and suitability requirements for an EUSS Family Permit, which are set out in Appendix EU (Family Permit) to the Immigration Rules (https://www.gov.uk/guidance/immigration ... eu-family- permit). You can also find out more about the requirements in the guidance on GOV.UK (https://www.gov.uk/family-permit/eu-set ... ily-permit).
You have stated that the family relationship of yourself to the EEA citizen is spouse.
As evidence of your relationship with your sponsor you have provided your Ahmadiyaa marriage certificate dated XX November 2009 (2009 is an error, it was 2019)
Every marriage solemnized under Muslim law is mandatory to be registered with the Union Council under the provisions of the Muslim Family Laws Ordinance 1961 in Pakistan. Ahmadiyaa community are not entitled to register their Nikah with the registration authorities, under the provisions of Muslim Family Ordinance.
The Home Office policy for overseas marriages and civil partnerships can be found here
https://assets.publishing.service.gov.u ... /attachmen t_data/file/835362/Partner_divorce_and_dissolution_guidance_v.1.0ext.pdf which states:
A marriage or civil partnership which has taken place overseas is recognised where:
The type of marriage or civil partnership is recognised in the country in which it took place
The marriage or civil partnership was properly conducted to satisfy the requirements of the law of the country in which it took place
There is nothing in the laws of either person’s country of domicile at the time of the marriage or civil partnership which prevents the marriage or civil partnership being recognised
Any previous marriages or civil partnerships of the couple have broken down permanently
The marriage must have been recognised by a competent authority within that
country. i.e. someone with authority to certify that the marriage is valid. That person must be someone who is authorised to handle marriages in the country concerned. The competent authority must be someone akin to a UK registrar, who is authorised to handle marriages. . It has been noted that the marriage does not appear to have been recognised within the country it took place, as a result, the Home Office is unable to accept the marriage certificate as valid and therefore cannot be used as evidence of your claimed relationship to your EEA sponsor
• I am not satisfied, based on the evidence you have provided in isolation, that you are a 'family member of a relevant EEA Citizen'.
• Your application is refused.
Next Steps
If you have further evidence you want us to consider, you can make another application under the EUSS Family Permit at no cost: https://www.gov.uk/family-permit/eu- settlement-scheme-family-permit
If you have any questions or would like to discuss this letter, details on contacting us can be found on our website: https://www.gov.uk/contact-ukvi-inside-outside-uk/y.
You can also appeal this decision to the First Tier Tribunal under the Immigration Citizens’ Rights Appeals (EU Exit) Regulations 2020. You have 28 days from the date since you received this decision to appeal.
You can appeal on the basis that the decision is not in accordance with the EUSS Family Permit rules, or that it breaches any rights you have under the Withdrawal Agreement, the EEA EFTA Separation Agreement, or the Swiss Citizens’ Rights Agreement. You may bring or continue an appeal from inside or outside the UK.
Information and support on how to appeal, the process, and the fees payable are all available online at [https://www.gov.uk/immigration-asylum-tribunal/overview].
You can get help and advice from a solicitor or an immigration adviser. You can also contact Citizens Advice. If you are not getting help from a legal representative you can read the guide on representing yourself.
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I have seen hundreds of cases where the same marriage certificate (Ahmaddiya Muslim Community) is accepted in UK/US/Canada etc. Once NADRA (Pakistan’s official government organisation) accepts you as husband and wife in Pakistan, the marriage certificate is recognised abroad.
Question:
HO already acknowledges:
Every marriage solemnized under Muslim law is mandatory to be registered with the Union Council under the provisions of the Muslim Family Laws Ordinance 1961 in Pakistan. Ahmadiyaa community are not entitled to register their Nikah with the registration authorities, under the provisions of Muslim Family Ordinance.
How are they supposed to register the marriage certificate instead?? NADRA already acknowledges them as husband and wife and accepts the Ahmaddiya marriage certificate.
Any thoughts how to go about this issue?
Thank you
Thank you.
