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Pakistan spouse immigration second marraige question

l37

Member
May 27, 2017
18
1
Advice from People who have gone through KHULA process or are currently have an application in process.

The question I have is
If I give the Nadra Divorce Certificate issued by the Union Council that say,
  1. Divorce Certificate as KHULA
  2. Authority Granting Divorce as JUSTICE OF PEACE
  3. Date of Notice of Divorce: 22 Jan 2004
  4. Date of Failure of Consolation: 22 Jan 2004
  5. Date of Effectiveness of Divorce: 22 Jan 2004
  6. Date of Entry: 14 October 2017
  7. Date of Issue: 14 October 2017
Will there be an objection a BIG RED FLAG of what is going on by the Visa Officer over this KHULA issue, and the application gets rejected?

My wife does not have any document from the court that say decree of Khula issued by the Family Court. Just the Divorce sent by the X-husband.

FYI Note:
I am applying as Common-Law partner and not as Married Couple. we were married in Karachi in 2008 and my final divorce from my Canadian Wife was not completed till 2010. So we are not considered as married couple as per Canadian LAW.

You will need to correct these dates. There must be at least 90 days between the date of notice and the date of effectiveness of divorce. The date that the Justice of Peace granted the divorce is actually the date of notice. The divorce is actually effective after 90 days have passed (day 91). This is spelled out in Muslim Family Laws Ordinance 1961 section 7 (divorce procedures) and section 8 (divorce by modes other than talaq). So court divorces, mubarat divorce (mutual consent), khula divorces (woman's request), etc, are all under section 8 (section 7 only discusses talaq initiated by the man, section 8 simply says to follow the process after another judgment has been made such as khula, court, etc)

Hope this helps.
 

0013

Star Member
Nov 12, 2013
101
4
Following is a requirement for spousal immigration:

Divorce certificates issued in Pakistan must be issued by the relevant union council or government authority. The NADRA (National Database and Registration Authority) issued divorce certificate should be included but is not sufficient evidence on its own. You must include the Certificate of Talaq issued by the relevant Union council. In the case of Khula, you should also include the decree of Khula issued by the Family Court.

Now normally one gets a Khula certificate from court which is submitted to NADRA after which nadra will provide the divorce certificate, this way we only have divorce/khula certificate from NADRA and not from family court as that was already submitted to them.

How do I provide decree of khula issued by family court then in this case?

Hi
I saw your post on spouse sponsorship pakistan. (19) Pakistan spouse immigration second marraige question | Canada Immigration Forum (canadavisa.com)
I was divorced back in 2018, and got divorce decree from court. And recently i got married and was going through the requirement, found out 1 more addition documents is required ( divorce certificate from union council).
1) Do i need more documents and explanation for 1st marriage ( nikkah only).and do i have to explain anything for divorce.
2) Union council recently issue divorce certificate, would this be ok. khula decree is dated 2 years back. I wasnt aware that there is another document require from union council, thought court decree is the one.