Settlement refusal under para 281 PLEASE HELP!

[lubzy]

My husband was refused today under para 281 i.e. he was told our Islamic marriage in the UK (he was an overstayer at the time it took place and we therefore didn't register) is not recognised.

PLEASE advise on what we should do now. Should I go to Pakistan and remarry him? Will that be valid or, if the marriage is not recognised, do I need to re-apply as a fiance? Is my best option appeal or re-application? We lived together for only a few weeks before he left for Pakistan (ahead of 1st October 2008) so don't qualify for co-habitation etc.

PLEASE HELP as I am really confused on what action to take now!

Thanks.

[vinny]

After marriage in Pakistan, he may apply for a spouse visa or
he may apply for a fiancé(e) visa and marry in the UK.

[lubzy]

Thank you so much Vinny. I intend to go to Pakistan next week, hold an Islamic ceremony there (and register the marriage in court/with the authorities there). My husband will then submit a fresh application.

[lubzy]

After the refusal today, does my husband have to wait for a minimum period before resubmitting an application (he will not be appealing)?

Thanks!!

[vinny]

I don't think that there is a minimum period before resubmitting an application, assuming that you are both aged 21 or over. Appeal may not succeed if you were not legally married at the time of the refusal.