Judgment discussing notice of talaq

Where a wife has to file notice of Talaq

Citation Name : 2010 YLR 1 LAHORE-HIGH-COURT-LAHORE

Side Appellant : Khawaja MUHAMMAD SHOAIB

Side Opponent : NAZIM UNION COUNCIL

Ss. 7 & 8— West Pakistan Rules under the Muslim Family Laws Ordinance, 1961, R.3(b)—Constitution of Pakistan (1973), Art.199—Constitutional petition—Notice of divorce—Territorial limits—Effect–-Petitioner had challenged the notice of divorce filed by wife in the concerned Union Council on the ground that such notice was required to be filed at a place of residence of the spouse against whom such right was to be exercised–-Wife controverted the assertions submitted by petitioner and contended that the provisions of R.3(b) of the West Pakistan Rules under the Muslim Family Laws Ordinance, 1961 applied mutatis mutandis to wife and she could file such notice at the place where she resided—Validity—Language of the rule asserted by petitioner was to be given its literal interpretation and the right of divorce exercised either by husband or by wife had to be notified to the Union Council where the wife/woman resided at the relevant time—Section 8 read with S.7 of the Muslim Family Laws Ordinance 1961 and R.3(b) of the West Pakistan Rules under the Muslim Family Laws Ordinance 1961 clearly showed that the Union Council within whose territorial limits the woman resided, had the requisite jurisdiction in the matter—High Court declined to interfere in constitutional jurisdiction.

How important is column 18 of Nikahnama?

Importance of Column 18 in case of Divorce

Citation Name : 2010 YLR 1632 ISLAMABAD

Side Appellant : ALI ABBAS KHAN

Side Opponent : Mst. PALWASHA KHAN

Ss.5 7 & 8—Constitution of Pakistan (1973), Art. 199—Constitution petitioner—Dissolution of marriage—Exercising power of Talaq-e-Tafweez—Respondent / wife sent a divorce deed to petitioner / husband on the basis of purported exercise of right of divorce allegedly delegated to her by the husband endorsed in column No.18 of Nikahnama–Wife also sent copy of divorce deed to the Chairman Arbitration Council along with notice under S. 8 of Muslim Family Laws Ordinance, 1961 for constitution of Arbitration Council—Husband had alleged that he never gave any right of divorce to wife nor any such powers were endorsed at the time of Nikah—Husband had also alleged that impugned order rendered by Chairman Arbitration Council was against the law and without authority as the “Shary Haqooq” as mentioned in column No.18 of Nikahnama, would not mean that he had delegated the right of divorce to wife—Husband had asserted that certificate of effectiveness of divorce was issued by the Council without any lawful authority—Wife had contended that she had rightly exercised the power of Talaq-e-Tafweez given to her by the husband in column No.18 of the Nikahnama and that Chairman Arbitration Council had rightly issued certificate of effectiveness of Talaq—Validity—Held, it was not a Shari Right of a wedded woman to get divorce upon herself without specific delegation of such power by the husband—Counsel for respondent / wife had not been able to prove that a woman could divorce upon her as a Shari Right—Words mentioned in column No.18 of Nikahnama, did not vest any power in wife to exercise right of Talaq-e-Tafweez—No power was delegated by the husband to wife to exercise right of Talaq-e-Tafweez upon her—If such type of words were allowed to be considered as a right of Talaq-e-Tafweez, it would mean that whatever was incorporated against column No.18, would be presumed as a Talaq-e-Tafweez—Husband in the present case had specifically denied that no such power was given to wife at the time of Nikah—Divorce deed, in circumstances, was executed without any legal basis by the wife and same had no value in the eye of law—Impugned order passed by Chairman Arbitration Council was also not in accordance with law and was liable to be set aside.

Legal consequences of Polygamy without permission of wife

What if a man marries another woman without permission of wife?

Citation Name : 2010 MLD 470 KARACHI-HIGH-COURT-SINDH

Side Appellant : ATIQ-UR-REHMAN

Side Opponent : Mst. SADIA

S.6—West Pakistan Rules under the Muslim Family Laws Ordinance, 1961, R. 21—Criminal Procedure Code (V of 1898), S.561-A—Polygamy-–Quashing of proceedings, application for—Respondent/ complainant wife in her complaint had alleged that applicant/husband had contracted second marriage without her prior permission and consent—Wife had also alleged that husband had not even filed any application to the Nazim Union Council for obtaining permission of Arbitration Council—Complaint was returned by the Civil Judge and Judicial Magistrate, with the direction to file same before the Union Council concerned—Appellate Court however, set aside order of the Trial Court and remanded the’ complaint with the directions to record the statement of wife—Husband who filed application for quashing of the proceedings had contended that provisions of S.6 of Muslim Family Laws Ordinance, 1961 did not contemplate an action on behalf of private person, which could only be initiated on behalf of the Union Council—Validity—As to what had been provided under the law, had to be followed in the same manner and an aggrieved party could avail normal. remedies by approaching the Trial Court—Notwithstanding, it was not the intention of lawmakers that an aggrieved party under S.6(5) of the Muslim Family Laws Ordinance, 1961 should approach the court of law for redress, except that Union Council would have the jurisdiction over the subject in the event of Polygamy as said section did not contemplate delegation of authority to the private person for initiating an action on behalf of the Union Council—In the present case, proceedings initiated by the Trial Court in the complaint of wife, were found to be devoid of lawful authority, it would be an exercise in futile to allow the private complaint to linger on which would tantamount to be patent illegality and flagrant abuse of process of law—Bar existed in entertaining a private complaint directly filed by the wife against the husband, which would amount to violation of the principles of justice, and required interference for exercise of power of quashing the proceedings–Impugned order was set aside and proceedings pending before the Trial Court were directed to be quashed.

For second marriage permission is required

 

Mere permission from Arbitration council is sufficient for contracting second marriage under the law. This fact is discussed in the judgment of Lahore High Court as produced below:-

 

Citation Name : 2010 PCrLJ 950 LAHORE-HIGH-COURT-LAHORE

Side Appellant : SHAMIM MAI

Side Opponent : ALLAH DITTA

S.6(5)—Criminal Procedure Code (V of 1898), S.417(2)—Special leave to appeal against acquittal—Trial Court had acquitted the accused under S.249-A, Cr.P.C. of the charge under S.6(5) of the Muslim Family Laws Ordinance, 1961—Arbitration Council of the. Union Council concerned had permitted the accused for second marriage, which was the only requirement of law for second marriage—Impugned judgment dismissing the private complaint of the complainant was based on cogent and convincing reasons—Accused after his acquittal by trial Court had assumed double innocence—Special leave to appeal was refused to the complainant in circumstances and her petition was dismissed accordingly.

How to end a criminal case?

 

Criminal case is always very annoying for the persons accused in it. The reason is that the accused have to attend all the dates of hearing in a criminal case. Apart from that the accused persons are always in a fear that they might get arrested or convicted in the end. There are some lawyers that take advantage of this scenario and they charge fee from accused persons on every adjournment apart from the decided fee. Similarly there are police officers that take bribery from the accused persons from time to time in order to take advantage of their fear. However, these are not the ways to work things out.

The best way to deal with a criminal case is to contest it in the court of law. If the accused has done nothing wrong then he/she must not fear anything. There are many legal maxims that support the innocent people that are falsely implicated in criminal cases. Similarly there is a famous legal maxim in common law system saying "Benefit of doubt goes to the accused". That is really helpful to judged in deciding criminal cases and there are many lawyers that win criminal cases on the basis of this legal maxim.

When it comes to Indian or Pakistani Criminal law system there are number of ways to deal with a criminal case. In the start the accused should get bail before arrest as soon as he/she gets the knowledge of FIR being lodged against him or her. After that the best way is to enter into compromise with the complainant. When the accused is charged of offenses that are of compoundable nature, he/she gets released from the court of law on the bases of such compromise.

A drawback of compromise is that the accused is declared a convict from the court of law. The same thing happens in cases where the accused pays the penalty to the court for getting released. That happens in many cases of minor offenses as the courts are not willing to keep the accused in such offenses in the jails. However that is not an ideal way to work things out as "once a conviction is always a conviction".

An ideal way is to go for acquittal in a criminal case. In many law systems around the world there is a principal that the magistrate has powers to acquit an accused when the complainant doesn't attend the proceedings in a criminal case. Another thing is that the magistrates have powers to acquit accused persons when they have suspicion that the accused is falsely implicated in a criminal case.

A magistrate or the trial judge also has powers to acquit the accused when the prosecution is proved to have malice towards the accused. For example if the prosecution doesn't take up the case seriously and adequate record is not provided to the court of law then accused can be acquitted. Similarly if the evidence against the accused is not sufficient then he/she can be acquitted by the trial court. The Trial court also has powers to discharge the accused at any time of the trial depending upon the nature of offenses and the role of accused in the case.

Quashment of FIR and Complaints is another important subject. The trial courts have powers to quash FIRs and Complaints against the accused when they feel that the case is a frivolous one. Things are very much dependent upon lawyers as they always know when and how to file the most effective petition in the court of law in order to get the accused acquitted easily.

Procedure of divorce when husband is in jail

 

I need some legal advice on the separation of refugees and its implications for custody. The case involves two refugees who were married in Peshawar in approximately 1999 or 2000. The husband is from Palestine and the wife is from Afghanistan. The couple have 3 minor children.

The husband is currently in jail on remand for money laundering and other economic crimes. He has been in jail since November 2011 and it is not clear when he might be released. The wife wants to separate from her husband and wants custody of her children so that they can be submitted for resettlement. The husband has very little chance of resettlement because of his criminal record and due to problems in his refugee claim. However, the wife and her children would be eligible. The wife has stated that the husband is extremely unlikely to agree to a divorce or to handover the custody of their children.

Can you please advise on the following:

- What are the prospects divorce order being made by a Pakistani court? And how long would that take?

- If the husband remains in jail, can the court make an ex parte divorce order?

- What are the prospects for custody orders made in favour of the wife? And how long would that take?

- Any other advice?

Answer. It is a simple case of Khulah. Even if the husband is not willing to divorce wife she can take Khulah from the family court in Pakistan. Kindly read the grounds mentioned in section 2 of Dissolution of Muslim Marriages Act 1939 as several of those grounds might be attracted in this case.

As far as jurisdiction of this case is concerned it can be filed at such a place in Pakistan where the wife resides. This case will not proceed ex-parte as the husband is in jail and he will be called by the judge from the jail. Yes that might take several adjournments depending upon many factors. There are pre-trial reconciliation proceedings whenever a case of Khula is contested. If the husband and wife both give a statement that they don't want this relationship anymore then this case will end up at the pre-trial reconciliation proceedings. That means case will end up in around 2 months time that way. In other circumstances it will take around four to six months time till the time a decree for khulah is passed from the family court. As the judicial system in Pakistan is not very efficient, one should keep extra time in mind.

As far as child custody is concerned that is a separate issue. It will be contested in the guardian court. The court will easily grant interim custody to the mother in this case because the father is ineligible to maintain children. That case will take around six months in total. In other scenario do remember that a mother is eligible for custody of male minors till the age of seven years and for female minors till they reach the age of puberty. Also a female loses her right of custody when she is of immoral character or if she contracts second marriage. However courts in Pakistan give priority to the welfare of minors and in this case the welfare of minors rest with mother. So she will easily win the case from guardian court also even if its contested. Do feel free to ask me any further questions.

Best Regards,
Salman Yousaf Khan
Advocate High Court
+92-333-5339880

IELTS process and details

 

The International English Language Testing System (IELTS) is an internationally owned and globally recognized direct English language assessment of the highest quality and integrity readily available throughout the world.  IELTS test is a highly dependable, practical and valid English language assessment primarily used by those seeking international education, professional recognition, bench-marking to international standards and global mobility. IELTS exam is owned, developed and delivered through the partnership of the British Council, IDP: IELTS Australia and the University of Cambridge ESOL Examinations. IELTS test helps students show their ability to take the courses in English. The universities - mostly from UK, Canada, and Australia, seek for IELTS test report as an admission requirement. The score that students must obtain for eligible in the University depends upon the course and the university chosen.

Format of IELTS

All candidates must complete four Modules - Listening, Reading, Writing and Speaking to obtain an IELTS Test Report Form. Candidates are tested in Listening, , Writing and Speaking.  All candidates take the same Listening and Speaking Modules.  There is a choice between Academic and General Training in the and Writing Modules.
Total Test Duration:  2 hours 45 minutes
The first three modules - Listening, and Writing - must be completed in one day.  The Speaking Module may be taken, at the discretion of the test centre, in the period seven days before or after the other Modules. The tests are designed to cover the full range of ability from non-user to expert user.

Here Sample questions of IELTS are given for you to practice as well as to built concept about the IELTS question pattern. This IELTS practice paper will help you to score more in IELTS.

LISTENING

SECTION 2       Questions 11- 20 Questions 11- 15. Choose the correct letters A, B or C. 11. The most important reason for a settlement at the Rocks was A fresh water. B flat rock. C a sea wall. 12 The plague was brought to Sydney by A rat-catchers. B convicts. C sailors. 13 The Harbour Bridge was built A in 10 years with 7 deaths. B in 10 years with 17 deaths. C in 17 years with 10 deaths. 14 The Chinese community arrived in the Rocks in A 1825. B 1844. C 1870. 15 The Chinese shops were mainly A restaurants and laundries. B soap shops and general stores. C general stores and laundries.

Questions 16 – 20 Complete the table below. Write NO MORE THAN THREE WORDS for each answer. Number of convicts brought to New South Wales 16 .................................. Date of last convict ship 17 .................................. Age of youngest convict nine Crime of youngest convict 18 .................................. Age of oldest convict 19 .................................. Crime of oldest convict telling lies Most serious crime murder Reason for most crimes 20 ..................................

READING

Questions 1–5 Complete the summary below using words from the box. Write the correct answers in boxes 1–5 on your answer sheet. Example The failureduring the late 1970s and early 1980s of an attempt to establish a widespread wind power industry in the United States resulted largely from the 1..... in oil prices during this period. The industry is now experiencing a steady 2..... due to improvements in technology and an increased awareness of the potential in the power of wind. The wind turbines that are now being made, based in part on the 3..... of wide-ranging research in Europe, are easier to manufacture and maintain than their predecessors. This has led wind-turbine makers to be able to standardise and thus minimise 4..... . There has been growing 5..... of the importance of wind power as an energy source. criticism design costs failure operating costs growth scepticism effects success production costs stability fall recognition decisions decline results

WRITING

WRITING TASK 1 You should spend about 20 minutes on this task. The chart below shows the different modes of transportation used to travel to and from work in one European city, in 1950, 1970 and 1990. Write a report for a university lecturer describing the information below. Write at least 150 words Modes of transport and year

WRITING TASK 2 You should spend about 40 minutes on this task. Present a written argument or case to an educated reader with no specialist knowledge of the following topic. As computers are being used more and more in education, there will soon be no role for the teacher in the classroom. To what extent do you agree or disagree? You should use your own ideas, knowledge and experience and support your arguments with examples and relevant evidence. Write at least 250 words.

SPEAKING

Example Part 2 Describe a teacher who has greatly influenced you in your education.     You should say:           where you met them           what subject they taught           what was special about them and explain why this person influenced you so much. You will have to talk about the topic for 1 to 2 minutes. You have one minute to think about what you are going to say. You can make some notes to help you if you wish.

These are the example question for IELTS test. Real test question will be different, but similar to this one.

Student visa process for USA

 

1. How to Apply for USA Study Visa

To apply for a student visa, fill out the forms DS-156, DS-158 (and DS-157 if you are male between the ages 16-45 years, and pay the USD $100 application fees. Bank will provide you with an appointment date and time. If this date is after the reporting date noted on your I-20 (or DS-2019 for exchange student programs), you should notify the staff at Bank and they will provide you with an earlier appointment if possible. Student visa applicants must also pay a USD $100 fee.


2. What documents are required and not required? (Is a police report required? Is property evaluation essential?)
You should come to the interview with your original I-20 issued by the academic institution where you intend to study, all academic records (SLC, +2 certificate, etc.), and any evidence if financial resources to show that you can afford your education. While there are no specific financial documents required, you should feel free to bring everything you believe would support your case. Consular officers prefer to see at least six months transaction history from your bank accounts. A police certificate is not necessary for student visa applicants. All documents submitted should be genuine – if the consular officer at any time believes you have submitted a false document, you will be refused the visa and the document(s) could be turned over to the police.
3. Do I need to bring a bank statement or a 6-month transaction statement? Can bank statements be from any bank?
Consular officers prefer to see at least six months transaction history from each of your bank accounts. Bank statements can be from any bank, savings and loan or credit agency.
4. Can someone in the US be my sponsor?
Yes. You many have family or close friends in the U.S. who are able and willing to support you financially while you are in school. However, this sponsorship must be genuine. Every consular officer must believe the legitimacy of your financial evidence and it is extremely important that you are honest during the interview.
5. If I am denied a visa the first time I apply, how can I appeal?
You are permitted to apply for a visa three times within one year. For the benefit of the applicants, the Consular Section’s policy is, to the extent possible, to appoint a different interviewing officer for subsequent applications. If you are refused a visa three times in one year, you must wait six months since your last refusal. There is no formal appeal process.
6. What are my chances the second time if I was denied a visa the first time? Is it better to apply with the same I-20 or a different one?
Each applicant’s case is different, but generally consular officers encourage you to wait until your circumstances have change or you have additional evidence that was not presented during your first interview before reapplying. The academic institution you choose to attend (and the I-20 you present) should be the one that is best suited to your academic interests and financial resources.
7. Does it matter in what order my documents are arranged?
For the purpose of the interview, it is easier if your academic records are presented first (in chronological order starting from SLC), followed by your financial information. Any other supporting documents, e.g., character references or extracurricular certificated, should be presented last.
8. How long is a visa interview?
At most Embassies around the world, visa interviews last roughly 2 minutes. However, we try to give you as much consideration as possible depending upon the volume of applicants that must be interviewed. Interviews typically will range from 2 to 10 minutes in duration depending upon the case.
9. What is the wait period for a visa appointment? What is the time line for after the appointment?
During the high visa season (summer and winter), the waiting period for a visa interview may be as long as one month. If you qualify for the visa at the time of your interview, your visa will be ready within 24 hours. The Consular Section encourages you to apply as soon as possible, but no earlier than 90 days prior to the reporting date noted on your I-20.
10. Can I bring many I-20s to my visa Interview?
Yes, you can bring all of your I-20s to the interview, but you will need to have identified, and paid the USD $100 SEVIS fee, for the academic institution that has accepted you. You must bring the I-20 for the school you plan to attend.
11. I heard that if I wear black for my interview, I won’t get a visa, Is this true?
Absolutely not. You are welcome to wear any color of clothing to the interview.
12. I heard that the lady visa consular officer is really strict. Will my chances decrease if I get her as my interviewer?
No. Every consular officer gives each applicant every consideration consistent with U.S. immigration law. At the time of the interview, the officer must believe that you intend to study, that you are able to maintain full-time student status in the U.S., and that you can afford the school.
13. If I paid my SEVIS fee on one I-20, and now I’ve decided to use another I-20, do I need to somehow transfer my payment? How do I do this?
Yes, you should contact the school you intend to attend and ask them to amend your SEVIS record to reflect the change. Please refer to the following website for the further information:
http://www.ice.gov/graphics/sevis/i901/faq7.htm
14. If I am granted a student visa for one college and decide to transfer to a second college while I am in the US, do I need to get my visa renewed? Is there a fee for this?
You do not need a new visa as long as you have a valid I-20 and a valid visa.
15. Are there any colleges that the US Embassy has ‘blacklisted’ (i.e. the Embassy will not grant visas to attend these colleges)?
No, the Embassy accepts I-20s and visa applications for all accredited education institutions in the United States. When you apply for a college in the U.S. you should make sure that it is an accredited institution. In case of doubt, please consult the Educational Advising Center at the U.S. Educational Foundation Nepal at Gyaneshwor.
16. Do some Nepali students who are granted a visa have problems or are denied at the point of entry in the US?
The F-1 student visa provides you only with the authorization to ask for admission into the U.S. from the U.S. Bureau of Citizen and Immigration Services at the point of entry. Typically, however, Nepali student visa holders are granted admission.
17. Do my chances of a student visa for a college increase or decrease if many Nepali students are already at that college?
No. The number of Nepali students at any particular school has no bearing on your qualifications for a student visa.
18. Is it important to have a scholarship to get a visa?
Scholarships can be very important if your family will have difficulty paying for your education and living expenses in the United States. Many schools provide tuition waivers for all international students while others provide financial aid packages for students with low incomes. The Embassy encourages all prospective students to plan well ahead, apply to schools early and investigate opportunities for financial aid through the school directly. There are no fees for applying for scholarships or financial aid in the United States.
19. Does it make a difference if the school I apply to is a public or private school in terms of getting a student visa?
No, the type of school has no bearing on your qualifications for a student visa.
20. If I have relative in influential positions, will I get a student visa if they speak to you?
No, your application has to stand on its own merits.
21. To cut costs, I’ll be living with my brother and cousin when I get to the US. Will this count against me when applying for a student visa?
We consider all sources of income and support when considering whether you can afford you educational expenses.
22. My siblings have all settled in the US. Will this influence my being granted a student visa?
As a student visa applicant, you must convince the consular officer that you have the ability, intent and means to study in the U.S. The officer also must believe that you have a residence abroad to which you intend to return after finishing your education.
23. I’m from a underprivileged class in Nepal. Will this count for or against me?
Consular officers do not consider an applicant’s caste or ethnicity during an interview.
24. If I have disabilities or health problems, will these count against me?
No. Again, if you can convince the officer that you have the ability, intent and means to study in the U.S., you may qualify for the visa
25. I’ve taken and educational loan from a Nepali bank to pay for my education in the US. Will this count against me?
Not necessarily. As long as you can show that you have the means to re-pay the loans without resorting to illegal employment in the U.S. this will not be counted against you.
26. I’d like to go to the US as a transfer student. Do my chances increase or decrease for a student visa?
Neither. If you have a poor academic record, getting good marks at a local university can help convince the interviewing officer that you have the ability to study in the U.S. Other factors, such as the intent and means to study in the U.S. are also factors and officer considers during an interview.
27. I’ve completed my master’s in Nepal and want to get my second master’s in the US. Will this count against me when applying for a student visa?
No. If you have good reasons for seeking a second master’s degree and can convince the interviewing officer that you have the ability, intent and means to study in the U.S., you will likely qualify for the visa.
28. I haven’t taken the TOEFL or the IELTS, or any of the other standardized tests. Will this count against me?
Most academic institutions require the TOEFL, results for admission. Standardized test help demonstrate your ability to study, but are only one of the things an interviewing officer considers. You will not be refused the visa solely on the basis that you have not taken one of the tests.
29. Is the IELTS as recognized as the TOEFL?
All standardized tests are considered when the interviewing officer assesses whether or not an applicant possesses the ability to be a successful student.
30. Can I call the US Embassy if I have a question specific to my case?
We hope that the answers in this FAQ will help answer you questions. Specific questions about your case are best asked at the time of your interview.

Student visa process for UK

For EEA Students
If you are a student from EEA country that is - European Union plus Iceland, Liechtenstein and Norway, then you can enter United Kingdom with minimum formalities. If you are from EEA then it is so easy for you to enter UK that you don't even need to obtain UK Student visa. However, you'll be asked to present evidences that you have been approved for the course of study you have selected and you have sufficient funds to stay and study in United Kingdom. In addition to this, you'll also need a valid passport.
For Non EEA Students
If you do not belong to EEA (European Union, Iceland, Liechtenstein, Norway) then you'll have to fulfill some immigration requirements. Students belonging to many countries will need to obtain a British Student Visa to study in UK. They can do this at the British Embassy, High Commission or Consulate of Britain. Students from some Commonwealth countries where obtaining a student visa is not compulsory must also have to get entry clearance before leaving their home. This is to make sure a Right of Appeal in the unlikely event that entry is refused. To verify either you need to obtain a visa or not, visit Foreign and Commonwealth Office web page at http://fco.gov.uk/travel/imm_visa.asp
Documents Required to Obtain British Student Visa

1. A valid passport
2. A letter of unconditional acceptance for a full-time course from a university
3. Mark sheets of previously joined exams
4. Evidence of your financial ability to meet, without working in the UK, the costs of your course, accommodation and maintenance and to support any dependants accompanying you.
5. Letters of recommendations are appreciated

Time of validity of the student visa to be received is usually determined by the length of your course of study.
When you arrive in the United Kingdom, an immigration officer may question you, so don't forget to take all relevant documents in your hand luggage.
Student Visa Doesn't Allow

1. working more than 20 hrs per week.
2. your placement is part of your studies, has the agreement of your education institution and leads to a degree or qualification awarded by a nationally recognized examining body
3. do business, be self-employed or provide services as a professional sportsperson or entertainer
4. work full-time in a permanent job

Passport stickers, stamp and length of stay
When you apply for a student visa at a British Embassy, Consulate or High Commission outside the UK, you will receive a sticker known as vignette, in your passport with the conditions and length of stay. When you arrive at the airport, you will receive a stamp to show when you entered the United Kingdom.

If you are applying for entry at a port of entry (you can only do this if you are from a non visa required nation), you will get a stamp in your passport with conditions and length of stay.

Most of the overseas students (from outside the European Union) are initially given the right to stay for one year. But there is nothing to worry about, if you want to stay longer as a student then you may extend your visa validity length as a student.

Student visa process for Australia

 

Any person who intends to undertake full-time study in a registered course in Australia needs to obtain a Australian Student Visa. A Student Visa permits the holder to travel to, enter and remain in Australia for the duration of the registered course of study. Overseas students cannot undertake part-time study in Australia and must leave Australia on completion of their course of study.
Student Visa Processing
Student visa applicants from India, Nepal and Bhutan are required to undergo a Pre-Visa Assessment (PVA).
Application
Persons wishing to study in Australia should apply on form 157A and pay the current visa application charge.
Documentation to submit with your application:

1. Four recent passport-style photographs for each applicant
2. Supplementary Questionnaire to Form 157A
3. Completed 'details of relatives' form
4. IELTS test results
5. Changes to the student visa regulations require varying evidence of funds dependent on the subclass of student visa applied for. Applicants should show funds and (income that support these funds) enough to cover, course fee, and living costs in Australia (AUD 12,000 pa) as well as amounts covering other family members. For details relating to the specific financial evidentiary requirements for each subclass www.immi.gov.au/students
6. All original education documents including all mark sheets for Degrees
7. Affidavit of support from the person providing financial support
8. For applicants below 18 years of age, details of arranged guardianship in Australia plus an affidavit from the student's parents agreeing to the guardianship arrangement
9. Bank statement from the person(s) providing support outlining transactions for the past 6 months

Processing Times
Student applicants should lodge applications no more than 3 months and at least 8 weeks before course commencement dates. Some applications take longer to process. Students may be asked to undertake further medicals and some delays may be experienced due to the need to verify bank or education documents.  Nepalese and Bhutanese applicants need to take into account the time taken for documents and letters to be sent and received by the Visa Office.

To be granted a student visa you will need

1. complete relevant parts of the visa application form and lodge it along with

1. a copy of your letter of offer or Electronic Confirmation of Enrolment (eCoE)
2. supporting documentation specified in the appropriate booklet from the Temporary Entry: Overseas Students series, and
3. payment of the visa application charge.

2. satisfy the student visa requirements

Major changes to Australia's student visa assessment procedures came into effect on 1 July 2001 to streamline visa processing. The restructured student visa programme replaces the gazetted/non-gazetted country arrangement and the Special Entry Arrangements for PRC students. The Student (Temporary) Visa now has:

1. visa sub-classes: for each education sector You should apply under the visa sub-class for your principal course of study.
2. country assessment levels (CAL): Each education sector in each country is ranked according to four assessment levels.
3. evidentiary standards: These visa requirements include English language proficiency and are increasingly stringent from CAL 1 through to CAL 4.
4. electronic confirmation of enrolment (eCoE): The only accepted evidence of enrolment for processing student visa applications.

Generally, an international student is issued a multiple entry visa for the duration of their study course in Australia. This allows you to travel backwards and forwards to Australia within the period for which it has been granted. Members of your immediate family (spouse and unmarried dependent children under 18 years of age) may accompany you to Australia and will be considered in the same visa class as yourself. If you wish to extend your stay in Australia for further study you will need to lodge an application for a further visa.
Australian Quarantine Regulations
Australian quarantine is needed to keep out exotic pests and diseases that could affect native plants and animals, human health, agricultural industries and our environment. This role is undertaken by the Australian Quarantine and Inspection Service (AQIS). Visit the AQIS website for information in a range of foreign languages on what you cannot bring into Australia and what your family and friends at home cannot send to you through the mail.

Student visa process for Canada

The student visa in Canada is most commonly known as Study permit. Either a student need to obtain or don't need to obtain Canadian study permit depends upon the country of residence of the student. Students from most of the countries need to obtain Canadian student visa to study in Canada, but students from some countries don't have to obtain any Student visa to study in Canada.

Who doesn't need to obtain student visa
There are several criteria drawn by the Government of Canada for students who don't require to obtain student visa to study in Canada. These criteria are mentioned below:

• Students from Andorra, Antigua and Barbuda, Australia, Austria, Bahamas, Barbados, Belgium, Botswana, Brunei, Czech Republic, Cyprus, Denmark, Estonia, Finland, France, Germany, Greece, Iceland, Ireland, Israel (National Passport holders only), Italy, Japan, Republic of Korea, Republic of Latvia, Liechtenstein, Luxembourg, Malta, Mexico, Monaco, Namibia, Netherlands, New Zealand, Norway, Papua New Guinea, Portugal, St. Kitts and Nevis, St. Lucia, St. Vincent, San Marino, Singapore, Solomon Islands, Spain, Swaziland, Sweden, Slovenia, Switzerland, United States, and Western Samoa don't require to have Canadian student visa to study in Canada.
• Students who are the permanent resident of United States who hold a Green Card or can present any evidence which show they belong permanently to USA.
• Students who are the citizens of United Kingdom, either they are in UK or are staying abroad but legally can return back and stay in UK.
• Students who have a valid Special Administrative Region passport issued by the Government of the Hong Kong.

If you meet any of the above criteria, then students don't need to have Study permit or Canadian student visa to study in Canada
Documents Required for Study Permits in Canada
There are several documents that students will have to present to obtain Student visa for Canada. Those documents are listed below:

• Completed Application for Study permits
• A valid passport
• Two photos of the students and each of the family members. The photograph must not be more that six month old. Back of the photo, the name and date of birth of the person appearing in the photo should be written
• Proof that shows the educational institution has accepted the student for admission in their institution
• Evidence of sufficient funds to overcome all the living expenses and study costs in Canada
• Bank transaction statement of last four months
• Proof of payment of fee in acceptable format. This format varies according to country and region. However, the most general method is presenting it through Bank Draft
• Evidence that show students have no criminal records
• Students from some nations may even need to present medical reports
• Any other documents that may help for obtaining a Student visa for Canada

Who need to have Medical Reports
Students from Admiralty Islands, Afghanistan, Algeria, American Samoa, Angola, Argentina, Armenia, Ascension, Austral Islands, Azerbaijan, Azores, Bahamas, Bahrain, Balearic Islands, Bangladesh, Belarus, Belau, Belize, Benin, Bhutan, Bolivia, Bora Bora, Bosnia and Herzegovina, Botswana, Brazil, Brunei, Bulgaria, Burkina Faso, Burundi, Cambodia, Cameroon, Canary Islands, Cap Vert, Central African Rep. , Chad, Chagos Archipelago, China, Cook Islands, Cooz Islands, Colombia, Comoros - Islamic Federal Republic, Congo - Democratic Republic (Kinshasa), Christmas Island, Congo Republic, Croatia, Djibouti, Dominican Republic, Easter Island, Ecuador, Egypt, El Salvador, Equatorial Guinea, Eritrea, Estonia, Ethiopia, Fiji, French Guiana, French Polynesia, Gabon Republic, Gambia, Gambier Islands, Georgia, Paris, Guam, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, Hong Kong, Huahine Island, Hungary, India, Indonesia, Iran, Iraq, Loyalty Islands, Marquesas Islands, Marshall Islands, Midway Islands, New Guinea Islands, Ivory Coast, Johnston Atoll, Kazakhstan, Kenya, Kerguelen Islands, Kiribati, Kosrae, Kuwait, Kyrgyzstan, Laos, Latvia, Lesotho, Liberia, Lithuania, Macao, Macedonia, Madagascar , Madeira, Maio, Makatea, Malawi, Malaysia, Maldives, Mali Republic, Maupiti, Mauritania, Mauritius, Mexico, Micronesia, Moldova, Mongolia, Moorea, Morocco, Mozambique, Myanmar, Namibia, Nauru, Nepal, New Britain, New Caledonia, New Guinea Mainland, New Hebrides, New Ireland, Nicaragua, Niger, Nigeria, Niue Island, North Korea, Northern Mariana, Northern Sinai, Pakistan, Palau, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Poland, Ponape, Portugal, Raiatea, Reunion, Romania, Russia, Rwanda, Sabah, Saharawi Arab Democratic Republic, Sao Tome e Principe, Sarawak, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Singapore, Slovakia, Slovenia, Society Archipelago, Solomon Islands, Somali Republic, South Africa, South Korea, Spain, Sri Lanka, St. Helena, Sudan, Surinam, Swaziland, Syria, Tahaa, Tahiti, Taiwan, Tajikistan, Tanzania, Thailand, Tibet, Tokelau Islands, Togo, Tonga, Tristan Da Cunha, Truk Island, Tuamotu Archipelago, Tunisia, Turkey, Turkmenistan, Tuvalu, U.S. Trust Territory of Pacific Island, Uganda, Ukraine, Uruguay, Uzbekistan, Vanuatu, Venezuela, Vietnam, Wake Island, Wallis and Futuna, Western Sahara, Western Samoa, Yap Islands, Yemen, Yugoslavia, Zambia, and Zimbabwe.
Visa Application Fee
The visa processing fee is $125 per application for Canadian Student visa. The method of paying this fee varies country to country. For visa fee payment, personal cheque cannot be used.
Visa processing time for Canadian Student Visa
The processing time varies depending upon the individual case for the individual applicants. The processing time for Canadian student visa may be from a week to months long.

Process of getting student visa for Cyprus

 

Every applicants who are intending to study in Cyprus must have completed a secondary level education or the equivalent of twelve years of schooling to get admission in the universities of Cyprus for undergraduate level or Bachelors level, similarly the students must have to complete the undergraduate level education or Bachelors level Education to get admission for the post graduate level.
Application forms and other information about admission requirements for the universities or colleges of Cyprus can be obtained from the Office of Admissions of respective college or university.
For the being admitted in the universities of Cyprus you must have a complete application form, official or certified transcripts of Secondary for undergraduate or Bachelor for postgraduate level and evidences of knowledge of English. These are the basic requirements that are asked by most of the universities. Beside, a different university might have a different demand of requirements for considering you to get admission in their college or universities. So for more information about the requirements for admission in Cyprus please do visit the website of respective colleges or universities.


Nationals of any country coming to Cyprus for studies must receive student’s permit through the Migration Officer, Nicosia prior to arrival. Applications should be submitted by the directors of the schools.
The visa process time for Cyprus may be up to 1 month. Therefore, students are requested to apply 2-3 months prior to the date of enrollment for study.
Application to
In person to the Consulate (or Consular section at Embassy or High Commission).

Application requirements:

1. Passport with at least 1 year validity
2. Photocopy of Passport
3. One completed application form.
4. 4 Passport sized photographs
5. Proof of sufficient funds to cover duration of stay.
6. Attested original academic certificates
7. Certificate of Good conduct from police department in Applicant's home country or country of residence issued not before 6 months
8. Financial documents to show; students can meet all the costs of living and fees while studying in Cyprus
9. Fee (payable by cash or postal order only, subject to rate of exchange). For students, a letter from the applicant's place of education is required.

Costs for Student Visa in Cyprus
The visa cost for students intending to study in Cyprus will be Pound Sterling £20.

Process of getting student visa for Denmark

 

Denmark is one of the emerging educational hubs in Europe because of its high academic standards and modern teaching methodology for many international students. The modern social welfare state with its good research based learning atmosphere, interdisciplinary studies and project-based activities along with clean and safe environment and attractive business atmosphere made it more popular destination among international student.
Danish higher education has historical academic traditions that merge excellence in teaching methods and learning environments with a dynamic and innovative culture in research. In most of the Danish educational institutions, not only students are provided the lectures but are also grouped together for the discussions in their related subject matter, expecting each of them to actively contribute for the betterment of the world. Along with their academic studies, students also learn to work independently. They become able to think critically on any issues and solve the subject matter with analytical initiatives.

The international students being a foreign national are required to have a residence permit to be eligible to continue their education in any educational institution of Denmark.
In order to be granted a residence permit student must document:

• That they have been admitted to a higher educational program which has been approved by a state authority or which is offered by a publicly accredited institute of learning.
• That student can support themselves for the duration of their stay in Denmark. If they are to pay a tuition fee, they must document that they have paid the tuition fee for the first semester or year, instead of documenting that they can support themselves.
• That student can speak and understand the language of instruction and have a working knowledge of Danish, Swedish, Norwegian, English or German.

Student’s participation in the educational program must have been arranged by a ministry or institution of higher learning or the educational program must be part of a post-secondary educational program which they have already commenced in their country of origin. In other words, they may be granted a residence permit either in order to complete an entire educational program or in order to follow part of a program as a guest student.
Normally, student must have obtained a residence permit before entering Denmark. They can submit their application in their country of origin (or in the country where they have resided permanently for the past three months). Students are required to submit their application at the Danish diplomatic mission (embassy or consulate general) in their country of origin.
Documents Required for Submitting Application

• A copy of a valid passport or other form of legitimate travel documentation issued to them.
• A passport photo. The photo must be 35 mm x 45 mm (size of head 30-36 mm from the bottom of the chin to the top of the head). They must be facing the camera directly.
• Original documentation showing that they have been accepted at an educational institution. Please note that the original letter of acceptance must be attached to the application - copies will not be accepted.
• If they have been accepted at a post-secondary educational program and have to pay a tuition fee, they must attach documentation that this has been paid for the first semester or school year.
• If student is at a basic or youth education program, prerequisite course, folk high school, or if you are a guest student at a post-secondary educational program, or any other study where they are not to pay a tuition fee, they must attach documentation that they can support themselves during their stay. The required amount is DKK 4,200 per month, and the documentation can be a bank statement, evidence of a grant or scholarship, or similar. Please note that a bank statement could come from a foreign bank, if they submit a first-time application from abroad. (However, if they are from Bangladesh, Benin, Cameroun, Ghana, India, Nepal, Nigeria, Pakistan or Togo, the bank statement must be from a Danish bank or a bank in another EU country.) If student submit a first-time application from Denmark, then the bank statement must be from a Danish bank or a bank in another EU country. The same applies if student are applying for an extension of their residence permit on the grounds that they have been accepted for a new course of study.
• If student is at a folk high school or at a basic or youth education program, they must attach documentation that applicable student fees have been paid. If student fees are to be paid in installments, subsequent to arrival in Denmark, they must attach documentation showing that they have the financial means to make these payments for the current school year.

Processing Application
When the Immigration Service has received  application for a residence permit, it will evaluate it along with the enclosed documentation. In addition, the Immigration Service will check to find out if they have been reported to the Schengen Information System (SIS).

If the Immigration Service receives information that does not correspond with the information they provided, they will normally be asked to explain discrepancies before the Immigration Service rules in the case.

Once the Immigration Service has received all necessary information relating to their application, it will rule in the case.
Receive the Ruling
Immigration Service will send the ruling to the diplomatic mission where student submitted their application. The diplomatic mission will then forward it to student’s home address, or request them to pick it up in person.
Processing Time
In an average, it takes about 60 days for the application to be processed.
Length of Residence Permits Granted
The duration of student residence permit depends on whether they are going to complete an entire education program, or only follow part of a program as a guest student.

If they are to complete an entire program, they will be granted a residence permit for the duration of the program.

If, on the other hand, students are only to follow part of a program, the residence permit will be granted for at maximum of two years.

It is a condition for the residence permit that students are active and enrolled in the educational program. If this is not the case, the Immigration Service can revoke their residence permit. The educational institution is obliged to inform the Immigration Service if they are not actively following the educational program.

Process of getting student visa for Finland

 

The European Union member state and Nordic country, Finland, is one of the best destinations for international students intending to study abroad. The availability of wide range of courses taught in English language with the most sophisticated learning environment made Finland favorable destination for foreign students. Finland has developed its world class education system which offers students wonderful higher education opportunities in almost all fields of study. The reputation of its education system is high not only because it provides high standard of education but because also because it is continuously working and investing for increment in level of educational standards. As such, the national educational strategy is to invest substantial amount on research based education to develop the country as the information society.
The higher educational wings of Finland constitutes of Universities and Polytechnics which provide most advanced state-of-art facilities to its students. The educational culture of Finland includes coordination and support between teachers and students throughout the study period. Teachers are always available to support and solve the problem that may occur to the students.
The international students' life in Finland is not just about studying, instead it will be the most exciting, enjoyable, and memorable time in their whole life time. The unique Finnish culture, the geopolitical location neighboring Sweden, Norway, Russia, and Estonia gives student a wonderful and once in a life opportunities to explore all these countries at once along with the chances to know the cultures of one part of the world. Student will also have wonderful experience of Finnish way of life which consists high-tech society with an unspoiled nature.


Student Visa For Students from Nordic Countries including Switzerland and Liechtenstein
Students from Nordic Countries (Norway, Sweden, Denmark, Iceland) including Switzerland and Liechtenstein do not need to obtain visa and residence permit do study, work, and live in Finland. Student from these country have no restrictions regarding documents and other visa related issues.
Student Visa For Students from European EU/EEA Countries
Students from member nations of European Union EU or European Economic Area EEA do not need student visa or residence permit before arriving in Finland. They'll not need to obtain a student visa if they intend to stay upto 90 days in Finland. But if their study duration in Finnish Educational Institutions lasts longer than 90 days, then they must register their right to stay in Finland at a local police department.
The following are the conditions the EU/EEA students must meet to obtain right to stay and study in Finland for more than 90 days:

1. Student must show that they need to stay in Finland for the study purpose in Finnish educational institutions.
2. They must show sufficient funds to support their studies and living costs in Finland.
3. They must show that they have valid health insurance covering all the health risks during their stay in Finland.

Documents Required to Submit to Local Police Department for permission to reside in Finland

1. A completely filled application form along with a photograph attached with it.
2. A certificate or letter of acceptance showing that the student is enrolled for the full time study in Finnish educational institute including information related to study program and the duration of the program.
3. Accommodation documentation including information regarding the place where they are going to stay during their studies.
4. Health Insurance certificate covering all the health risks that is valid till the student's education duration in Finland.
5. Financial support documents (It may be a certificate from a bank confirming that student have enough fund to support their stay in Finland or the necessary documents that show that students have received a scholarship, study grant or any other type of financial aid to study in Finnish educational institution or the documents from financer if the student is going to be financed by the local Finnish resident).

Student Visa For Students from Other Countries
Students from countries other than Nordic and EU/EEA must compulsorily obtain a visa prior to entering into Finland. If student have been accepted as an full time student and wishes to stay for more than 90 days in Finland for study purpose, then foreign student from these countries need to apply and obtain residence permit from the Finnish diplomatic mission in their home country before entering Finland. If international students are requested to take an entrance  examination before being admitted as foreign student in Finnish educational institutions, then they need to apply for a visa for the period of the entrance examination.
Documents Required to Submit in Finnish Diplomatic Mission to obtain Finnish Visa and Residence Permit

1. A completely filled application form along with a photograph attached with it.
2. A certificate or letter of acceptance showing that the student is enrolled for the full time study in Finnish educational institution including information related to study program and the duration of the program.
3. Accommodation documentation including information regarding the place where they are going to stay during their studies.
4. Health Insurance certificate covering all the health risks that is valid till the student's students complete in Finland.
5. Financial support documents (It may be a certificate from a bank confirming that student have enough fund to support their stay in Finland or the necessary documents that show that student have received a scholarships, study grants or any other type of financial aid to study in Finnish educational institution or the documents from financer if the student is going to be financed by the local Finnish resident).