ILR in Progress but Separated from Partner

[jafferdeen]

My friend came in the UK in December from Pakistan, as a spouse of British National.He has applied for ILR in December 2013 after completing 2 years with his partner.
His application is still in progress but due to some issue they are now separated and now they want tp proceed with divorce.
they have no children.

Questions:-
1- Does he needs to withdraw his application ?
2- Can he apply for leave to remain on any other grounds and exercise right of retention??
3- what is best option for him

please aadvice

[Amber]

He should inform the Home Office of the change of circumstances as the relationship is no longer subsisting. However, if they make a decision before they're informed then the ILR should remain. His spouse may also inform the Home Office and again the application may be refused. It's unlikely any other leave would be granted unless, for example, he meets the requirements for other leave. Private life leave is pretty much out the question.

The best thing your friend can do is make the relationship substain try counselling and mediation.

[jafferdeen]

Dear Amber

the husband is going to inform the Home Office Soon.
Do he needs English Divorce ?? he was actually married in Pakistan in religious ceremony (Nikkah).and he had never registered his marriage in the UK.

Do the husband needs English Divorce if he is going to get married with another British or EEA partner ??
or they need to produce Islamic Divorce Certificate in case any of them want to marry again and want to apply for visa ???

[Amber]

Yes as the Pakistan marriage will be recognised in the UK. Bigamy is a criminal offence in the UK.

[jafferdeen]

The wife is getting married with a student .She said she dont need to apply for English divorce as her marriage is not registered in the UK.The Islamic divorce certificate from Pakistan will be sufficient for home office ...is it true?

[Amber]

You mean the person actually went to Pakistan for a divorce? A UK based Talaq is not recognised for those who are domiciled in the UK. It's immaterial if the marriage was recorded (not registered) in the UK or not.

[Casa]

One point of interest...if the wife intends to marry a foreign student (or switch a student visa to spouse) so soon after an ILR submission for her current husband, it is likely to be considered a sham marriage by the UKBA. That's apart from the fact that it appears the divorce may well not be legally recognised under British law.

[jafferdeen]

Amber

If they travel back to Pakistan then Will a divorce certificate issued and registered in Pakistan will be accepted as a valid documents for any future application for both of them..?

[jafferdeen]

Dear Casa

you are right but the girl is going to get married in family and it will be genuine marriage.

[jafferdeen]

slamic marriages (known as Nikkah) are not recognised in the UK. Therefore if you have had an Islamic marriage in the UK but have not had a formal Civil ceremony in the UK then you do not need to obtain a divorce in the UK. If however you have had both a Nikkah and a Civil ceremony in the UK you will need to obtain a legally recognised divorce in the UK as well as a Talaq (Islamic divorce).

http://familyanddivorcesolicitors.co.uk ... hariah-law

[Casa]

Dear Casa

you are right but the girl is going to get married in family and it will be genuine marriage.

In family? Even more difficult to convince the ECO that the marriage to a family member is genuine so soon after an ILR application for the current spouse.

[matthymeine]

Dear Casa

you are right but the girl is going to get married in family and it will be genuine marriage.

In family? Even more difficult to convince the ECO that the marriage to a family member is genuine so soon after an ILR application for the current spouse.

casa are u from morocco ?