Got Divorced and Remarried Help Required Please.

[Annonymous]

Hi,

I am here on my ILR sadly I got divorced and got remarried in September 2012 I got my x wife visa in Dec 2010 but unfortunately with in a short period of 2 years or so we got divorced and I've posted the divorce certificate issued to my from the family courts in Pakistan to the UKBA and they've also posted me an acknowledgement of that letter.

I wanted to apply for my new wife visa next month that will be in August 2013, as I got remarried last year September 2012 in Pakistan and I wanted to apply for my new wifes visa please please I request every member to help me.

My previous marriage was not registered in the UK.

Can any one help me in my new wife visa application process. I dont know where my X wife is any more as its more than well over an year that I got divorced and I've already posted my divorce to UKBA back in November 2012 when I came back from Pakistan after getting remarried. The Divorce certificate was issued to my in August 2012 and I got remarried in Sep 2012 and stayed in Pakistan for a little while and then came back to UK in the Month of November and informed the Home Office about my divorce.

But as I haven't applied for my new wife visa back at that time which I am doing now what else do I've to do to make my new wife visa application successful I dont really wanted to face any more difficulties please please help me.

I've taken many advice on that some people say that I dont have to get divorced in UK as the divorced from Pakistan Family courts are accepted in the UK is that right.

Please any more information in this regard will be really help full.

[Amber]

Providing you are legally divorced and recognised as such, then you should be ok.

[Ayyubi72]

Right Sir, now I hope you try to understand this carefully. Your divorce in Pakistan is not valid. Yes, divorce in Pakistan is not valid. Hence the (second) marriage you did in pakistan is not valid either.

When you did your first marriage, you lived in pakistan, so your marriage in pakistan was also recognised in UK.

Your divorce wont be recognised by UK, as at the time of divorce you were domiciled in UK, and you were required to obtain divorce through UK courts.

I have seen a dozen real life cases like you. Sending a letter to UKBA about divorce means nothing. Divorce or marriage is not a matter of immigration law.

I suggest before you do anything about this new spouse visa, you go and consult a family lawyer and obtain a proper divorce from your first wife via uk courts.

[Ayyubi72]

And before further discussions start to take place and comments start flowing, can you please outline in detail the exact full procedure you followed to obtain divorce in Pakistan?

[Amber]

See Overseas divorces (click) namely SET13.4 Recognition of overseas divorces which took place on or after 4 April 1988.

[Annonymous]

Hi

Many thanks for your prompt reply I agree with D4109125. That's what I've been told by many other people on this forum.

Ayyubi72 many many thanks for your prompt reply. I got divorced according to the normal procedure from a family court in Karachi Pakistan and registered my divorced with Nadra and then re married and registered my new marriage with the Union council office and every one told me that I should be fine applying for my new wife visa for UK as my previous marriage is finished.

Ayyubi72 what's the point of UKBA telling on their web site that if you get divorced keep us informed an we'll curtail your partners visa and that's what I did honestly.

Many thanks for your extremely useful replies.

[Ayyubi72]

Please keep in mind, that what matters here most is, whether the divorce you obtained in Pakistan is valid under UK law. Being merely valid in Pakistan is not good enough.

I am saying this so you are not in dark, and if there is any deficiency in divorce (according to UK law), then you address that before you start further visa procedures.

[abdulraheem123]

Your divorce wont be recognised by UK, as at the time of divorce you were domiciled in UK, and you were required to obtain divorce through UK courts.

I have seen a dozen real life cases like you. Sending a letter to UKBA about divorce means nothing. Divorce or marriage is not a matter of immigration law.

I suggest before you do anything about this new spouse visa, you go and consult a family lawyer and obtain a proper divorce from your first wife via uk courts.

When it says you have to do the divorce in the country you are domiciled in, does it mean that if the marriage was done in pakistan then a divorce certificate from pakistan is that not enough to show UKBA that you got divorced?