Amaa'n
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If his marriage to a Pakistani Citizen is illegal per law then he should be deported. If marriage is legal, then he should be sentenced for the crime and he should apply for spouse visa based on the marriage.
Bail - unlikely but it's LHC so anything can happen!
Main Question is: can an illegal immigrant marry a Pakistani Citizen!?
Lawyers here should be able to shed some light on that ...
A tough case to work with. In Pakistan we do not have this thing in the procedure. All the marriages are convened under Muslim Marriage ordinance 1961 and then with few amendments provinces adopted it. This one does not cover the citizenship nor resident status of both parties. One will have to study hard and find the answer in past judgements and present the arguments in court of law. This case will drag on if it comes down to this, I have been involved in a similar case to this one, in that case an Afghan was handed a CNIC, whose citizenship was challenged. It was to be proved how he became a citizen, through naturalization or other means.....Hence said that he should be sentenced for crime, if his marriage is legal and if he can apply for visa/citizenship. Otherwise deported.
This case can be fought too, but prosecutor will have to work hard to prove that marriage was illegal too. If it establishes that marriage was contracted for the purpose of documentation / citizenship then it will be a sham marriage and marriage contract will be null & void
This person will be charged 1st for possessing illegal documentation / forging official documents and based on that his citizenship will be revoked under Citizenship Act Section 29.
And 2nd charge will be, if proven, for illegal marriage. If he gets away with second charge he can still apply for spouse visa