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Thanks for your question.
To enable me to answer your question could you please respond to the following:-
Has their divorce been registered in Pakistan after the religious ceremony?
Sorry, I should have said was the marriage registered in Pakistan?
She has two options 1) Asylum or 2) fiance visa.
In order to claim asylum she would need to first get to the UK. The requirements to claim are on this page and must be proved by documentary evidence:-
Aslyum is very difficult to claim and less than 20% of asylum applicaitons are granted though.
In order to apply for and obtain a fiance visa she would first need to be divorced. If granted she would be granted a visa to come here for a period of 6 months within which you should carry out your civil partnership. Once partnered she could then apply for a spouses visa which would be granted for 27 months. After 24 months she could apply for Indefinite Leave to Remain in the UK if she has been continuously resident here.
Here is the criteria you would need to fulfill for a fiance visa, as I say the criteria is largely the same for a spouses visa:-
She will also haveto pass and english language test showing she has a basic command of spoken and listening English. She can find out approved test providers in his area by contacting the UK embassy nearest to him.
You will need to apply for fiance/spouses visa using form VAF4 which is available for download from the UKBA website.
You should consider instructing a immigration solicitor to prepare an application for you. You can find local solicitors via:-
It's an almost inconceivably difficult situation and you both have my deepest symptahies.
If this has been useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.Kind regards,Tom
Thanks for your accept.
I'm afraid that in order to apply for a fiance visa a person must be officially divorced. She cannot apply for it before she has received her final divorce decree pronouncing her legally divorvced.
She needs to speak to a Pakistani family solicitor about her options to divorce and at the same time avoiding the potential criminal proceedings that could flow from it. She will also need to speak about what the residence consequences will be in terms of the children.
When she applies for a fiance visa she can also make an application to bring her children her as her dependents, but this will be subject to an civil action taken by the father in respect of not permitting the children to leave.
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