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Clare
Clare, Solicitor
Category: UK Immigration Law
Satisfied Customers: 28143
Experience:  25 years hight street experience
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Im a british citizen living and working in the UK. In

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I'm a british citizen living and working in the UK.

In 2006 i got married in pakistan. On a spouse visa, my husband joined me in the uk in 2007 and left after a month. Throughout our time we had no physical relationship. In the UK i was a victim of mental & verbal abuse- refusing to help out - even after taking him on a trip, buying things for him and enrolling him on a course-- made no difference. After he left, he severed all contacts, refusing to talk to me on the phone . My parents tried in vain , to try and reestablish some communication & even travelled to try visiting him . By 2008 with the help of a mutual friend I travelled to pakistan where i applied for divorce which, i thank God, i got after another 5 months.

since then, i remarried, again in pakistan in 2010. I have so far visited my current husband twice. in 2011, his visa was recently rejected , explaining in ' law -language' interpreted to me to mean that Uk Law did not recognize my pakistani divorce because my ex- had set foot in the UK. if he had'nt then they would have accepted it.

through a uk solicitor, i recently petitioned for this divorce from the UK. i did not mention anything about why i was applying now, because i assumed he would know i am trying to end that chapter of my life properly, having mentioned that my ex had entered the UK for a month. along with the petition i also enclosed an affidavit from a pak. solicitor ( arranged thru this uk solicitor ) confirming that they hand delivered the UK courts notice letter informing my ex of this petition ( i had already told my ex and he had no objections).

i recently got a reply from the judge whose objection was one question- ' why was i applying for a divorce, when i have a divorce from Pakistan ?

i was quite shocked by his reply ? Does he really not know this stupid loop hole in the uk law system...sorry


my solicitor has advise that i should remain hopeful aving only 1 objection raised & all we need to do is explain the purpose of applying a this point in time, i.e. that i have remarried and want my husband to join me...

i wonder whther i should mention that since the wedding i have visited him twice to project to the judge a stronger and healthier relationship, which it is. i love him very much.

should i enclose a copy of the immigration letter which indicates reasons for rejection or will this open up a another can of worms ?

whats do you suggest ?


i'm looking for a second opinion.....
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Clare replied 2 years ago.
Hi
Which country was your ex resident in at the time of the divorce and did UKBA confirm in writing that they would not accept it
Claire
Customer: replied 2 years ago.

Yes, he was & still is residing in pakistan at the time of applying and until i recieved that divorce certificate.

 

If by UKBA u mean the UK immigration officer/ team/counsulate/visa section in Pakistan, then yes, they would not accept it.

 

r. h

 

Expert:  Clare replied 2 years ago.
Hi
Did they put that in writing?
Claire
Customer: replied 2 years ago.

yes. i have attached a copy of the refusal documentgraphic#

 

let me know if you have a problem opening the file

Expert:  Clare replied 2 years ago.
Hi
I cannot read it but that does not matter.
Actually I believe UKBA are wrong - the fact is that provided your ex was indeed resident in Pakistan at the time of the divorce then the divorce is valid.
However since you have already issued the Petition and arranged for personal service and applied for the Decree Nisi then I would suggest that your solicitor simply sends a copy of the UKBA letter by way of explanation which should ensure that the divorce goes ahead
Claire
Customer: replied 2 years ago.

 

they basically said that the did not believe.

 

1. neither one of us was not in the UK a year before the divorce was issued-

2. neither one of us was in pakistan a year before the divorce was issued.

 

point 1 is correct. i was working in UK

point 2 is false. my ex. was in pakistan the entire time.

 

my personal view is that they interpreted this based on uk law criteria with out considering the rules that govern pakistani divorce- i.e. that a woman, can give written consent to the men folk- father or brother to attend the proceedings on her behalf.

Customer: replied 2 years ago.

sorry the purpose of the reply was to see whether you still think i should provide a copy of the UKBA letter.... i am more then happy to pay....Laughing

Expert:  Clare replied 2 years ago.
HI
Your ex's brief visit to the UK did not invalidate the divorce and as I said I think UKBA are wrong - but even so since the Uk divorce is well advanced there is no need not to complete it
Send the UKBA letter to the court!
Claire
Clare, Solicitor
Satisfied Customers: 28143
Experience: 25 years hight street experience
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