On 6 October 2021 the Home Office in response to Letters before Claim for purposes of the Pre-action Protocol for Judicial Review clarified its position regarding marriages contracted in Pakistan by members of the Ahmadiyya Muslim Community (AMC).
The recognition of foreign marriages in the United Kingdom for purposes of, inter alia, immigration control, depends upon the validity of the marriage according to the legal jurisdiction in which it took place (lex loci celebrationis)- see further Dicey, Morris and Collins, The Conflict of Laws (15th edn, 2018), Rule 73, 17R-001 onwards. This is applied by the Home Office in its published guidance Family Policy: Partners, Divorce and Dissolution (v1.0, 29 May 2019), p8.
Ahmadi Muslims consider themselves to be Muslims but are defined by the Constitution of the Islamic Republic of Pakistan as being non-Muslims (Art 260(3), Constitution of the Islamic Republic of Pakistan). Under Pakistani family law, in particular by sub-section …