Spouse sponsorship refusal - MFL issue

[ashs]

hi,

I have a PR and i sponsored my husband from Pakistan. Both of us were previously married and divorced. The London office first objected on my divorce that they feel i am still married with ex-husband , when i justified that in Muslims it is not possible then they sent another letter objecting on my husband's divorce with ex-wife. It was his family matter so instead of going to the court they signed the document mutually. The divorce document was registered recently with union council which listed the divorce date and end of reconciliation date as same.

London office raised objection on this same date saying that the divorce is not valid. That my husband did not complete the 90 day reconciliation time , did not complete the muslim family law procedure . and hence refused the application. Please suggest if submitting an appeal would be good enough or should i re-file the application?

I am so confused and not sure what to do.

 

[Wakki]

Country specific requirements

Pakistan – Instruction(s) for documents
Identity and civil status documents issued by Pakistan: Documents must bear the name of the applicant, and be endorsed by the government authority responsible for issuance in the district in which the event took place.

• Divorces obtained in Pakistan: If a divorce has been obtained in Pakistan by a sponsor residing in Canada, submit evidence that either party of the divorce resided in Pakistan for at least one year prior to the divorce. Alternatively, you may submit evidence that either party to the divorce had a substantial connection to Pakistan such as frequent visits, property ownership, and/or active businesses in Pakistan.
• 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.
• Non-Muslims should provide marriage and divorce certificates from the relevant authority responsible for registration.
• Affidavits to establish marriage, divorce, death and custody are not acceptable.

Note: Failure to submit marriage or divorce certificates with conform to the Muslim Family Law Ordinance of 1961 may lead to the delay and possible refusal of your application.

 

[Wakki]

https://www.canadavisa.com/canada-immigration-discussion-board/threads/spousal-sponsorship-pakistan-london-visa-office.203899/page-3062

 

[ashs]

Country specific requirements

Pakistan – Instruction(s) for documents
Identity and civil status documents issued by Pakistan: Documents must bear the name of the applicant, and be endorsed by the government authority responsible for issuance in the district in which the event took place.

• Divorces obtained in Pakistan: If a divorce has been obtained in Pakistan by a sponsor residing in Canada, submit evidence that either party of the divorce resided in Pakistan for at least one year prior to the divorce. Alternatively, you may submit evidence that either party to the divorce had a substantial connection to Pakistan such as frequent visits, property ownership, and/or active businesses in Pakistan.
• 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.
• Non-Muslims should provide marriage and divorce certificates from the relevant authority responsible for registration.
• Affidavits to establish marriage, divorce, death and custody are not acceptable.

Note: Failure to submit marriage or divorce certificates with conform to the Muslim Family Law Ordinance of 1961 may lead to the delay and possible refusal of your application.

Thank you for the info, but now since they have refused do you think submitting an appeal is any good or should i apply again?

 

[Wakki]

before you decide if to appeal or re-apply, you may consider if you have addressed the reasons IRCC gave for refusing your sponsorship and if you have the documents to meet the country specific requirements.

 

[l37]

Did you get divorced in Pakistan? Do you have a Divorce Registration Certificate from your Union Council? If you only have a rupee paper, then per Pakistan's own laws, you are not officially divorced. You will need to have the certificate made. Make sure there are at least 90 days between the "date of notice" and "date of effectiveness of divorce" in the certificate.

 

[l37]

As for your husband, did he marry you within the 90 days mentioned in MFLO 1961? If so, then I am honestly not sure how to go about this. If he did not, then he can have the certificate made for him based on his previous divorce (I am guessing he simply used rupee paper)