Marriage failed, now with new partner.... Any chance we can obtain visa

[try again]

Hi all,

First time poster and need your help please with outlining any possible options for my new partner to join me in UK.

I am a British guy who married a Filipina 9 years ago but we separated 1 year ago, currently we are both living in Philippines but in separate towns. Problem is that she does not want to go for annulment or divorce if applied for outside of Philippines so I am not sure of what my options are now?

If I come back to UK how long before I could apply myself for a divorce (sole application), I think there maybe a minimum number of years but not sure. Even if I could start annulment proceedings in Philippines, I have heard it is a very slow process here.

My wife does not hold a British Passport but did have ILR (although she has left UK 3 years ago and has not revisited) I take it she has now lost that ILR but she has no interest in going back to UK anyway.

Would the fact that she has lost the ILR give me any chance to bring my new partner to the UK, or does that application have yo wait until my present marriage is ended by divorce or annulment?

Hope some of you can help me with some guidance or suggestions with this situation,

Many thanks in advance

Eddie

[joebloggs]

yes she has lost her ILR if she has been outside the UK 2yrs or more, thou possible she could try and re-apply if she had family ties to the UK but i doubt she would get it even then.

possible option might be an unmarried partner visa if you've lived together 2yrs but might be risky, I take it your g/f is single ?

http://www.visalogic.net/united-king...aspx?t=4&t2=24

[Terpe]

As you rightly say there is no divorce in Philippines only annulment and Im also pretty sure you must know that the annulment path involves so many twists and turns and ultimately a lot of money to be spent one way or another especially if you wife doesn't really want to play ball.

You can however still obtain a divorce in England provided you live as a resident of England for at least one year before you file for divorce.
In order to stand any chance of a settlement visa for your current partner, your only route is via the unmarried partner visa.

If which case you must show that:-
- previous marriage or civil partnership that either of you was in has permanently broken down;
- you are not related by blood;
- you have been living together in a relationship akin to marriage or civil partnership which has been existing and genuine (not like a 'marriage of convenience') for at least 2 years;
- you both plan to live together permanently;
- you meet our English language requirement, unless you can show that you qualify for an exemption - see the English language page;
- you can support yourselves and any dependants without help from public funds - see the Maintenance page; and
- you have adequate accommodation where you and your dependants can live exclusively and without needing public funds.


Hope information helps, although it may not be what you wanted.

[try again]

Many thanks to Joe and Terpe for your help.

You have bought me better news than I expected as I had not heard of the visa for Unmarried Partners before. My wife had the settlement visa to enter the UK, then got ILR but never bothered applying for a British Passport. I wonder will it help my girlfriend's future application, seeing that my wife has decided to stay in Philippines and has lost her ILR?

I have 2 questions about the terms of the Unmarried Partner's visa if you could please help a little further...
1. To prove that my previous marriage has broken down, what do I need? Would that be a "Legal Seperation" filed in the Philippines?
2. Is there any guidance as to what is acceptable as proof that my girlfriend and myself have lived together for at least 2 years? She is single with no children.

Thanks again for your help so far, much appreciated.

[Terpe]

At this stage it's probably better to focus on what the UKBA state as generic guidance.
As you set about formulating some ideas then specific issues can be specifically addressed.

Anyway here is the UKBA view:-

What evidence is required that any previous marriage / civil partnership or similar relationship has permanently broken down?

Each of the parties to the unmarried or same-sex partnership is required to provide evidence regarding any previous marital or other relationship akin to marriage / civil partnership they have had. They should be asked to specify how long ago the previous relationship was terminated, either by divorce / dissolved civil partnership, by separation or by death:
Widowed person: death certificate of the late spouse.
Surviving civil partner: death certificate of the deceased civil partner.
Divorced person: evidence of divorce, for example, a divorce certificate. Note: for the UK this is a decree absolute divorce certificate - this is stated on the order from the Family Court. A person is not legally divorced until the decree absolute is issued. A decree nisi is not acceptable evidence. See SET13 - Overseas divorces.
Dissolved civil partnership: evidence of the dissolution, for example, dissolution certificate.

Consular marriages and civil partnership ceremonies that take place in foreign missions in the UK are not legal under UK marriage laws and are therefore not valid for entry clearance applications unless the premises are approved by the local authority for the solemnisation of marriages / civil partnerships.

To check if a venue is approved:
For England and Wales: General Register Office information at Directgov website
For Scotland: General Register Office for Scotland website
For Northern Ireland: General Register Office information at nidirect website

Divorces that take place in foreign missions in the UK are not valid for the purpose of entry clearance applications. The only valid way of divorcing in the UK and Islands (Channel Islands and Isle of Man) is by obtaining a decree absolute (not a decree nisi) from a civil court.


Assessing whether the relationship has subsisted for two years

'Living together', should be applied fairly tightly, with a couple providing evidence that they have been living together in a relationship akin to marriage or civil partnership which has subsisted for two years or more.

Periods apart for up to six months would be acceptable for good reasons, such as work commitments, or looking after a relative as long as:
it was not possible for the other partner to accompany; and
the applicant can show evidence that the relationship continued throughout that period, for example, by visits, letters, logged phone calls.

What types of evidence might demonstrate living together and a relationship akin to marriage / civil partnership?

The applicant must provide six pieces of correspondence addressed to him / her and their partner at the same address as evidence that they have been living together during the past 2 years. The items of correspondence should be addressed to them jointly or in both their names. If they do not have enough items in their joint names, they may also provide items addressed to each of other individually if they show the same address for both of them. The documents provided must be originals and should be spread over the whole 2 years; they should also be from at least 3 different sources. Examples of what documentation the applicant could provide are listed below:
Joint commitments, (such as joint bank accounts, investments, rent agreements, mortgage, life insurance policy naming the other partner as beneficiary etc);
Birth certificates or records of any children of the relationship, showing both partners as parents;
Any official correspondence linking both partners to the same address, for example Council Tax, utility bills, Doctors records;
Any other evidence that adequately demonstrates the couple's long-term commitment to each other.

Hope that helps.

[try again]

Thanks for you further information Terpe, it was very helpful.

Looks like it will be an uphill struggle but I didn't expect anything different. We are in no great hurry so will get to work on getting necessary proof and paperwork together to start with then take the rest as it comes.

Thanks again

[Moy]

am married too (to english man) for almost 7 years now luckily and at times very struggling but because we have kids..i need to hang on my patience for longer lolz
its a pain sometimes that when you love and sacrifice for someone..but at the end it fail

[Terpe]

am married too (to english man) for almost 7 years now luckily and at times very struggling but because we have kids..i need to hang on my patience for longer lolz
its a pain sometimes that when you love and sacrifice for someone..but at the end it fail

Stay positive Moy and give your children the best you can give.
Your rewards will be worth it.

[joebloggs]

am married too (to english man) for almost 7 years now luckily and at times very struggling but because we have kids..i need to hang on my patience for longer lolz
its a pain sometimes that when you love and sacrifice for someone..but at the end it fail

7yr itch Ros, wait for the 10yr and 11 months one
http://www.dailymail.co.uk/news/arti...11-months.html

i will have been married 10yrs in November

[Moy]

Stay positive Moy and give your children the best you can give.
Your rewards will be worth it.

a very kind word of you Terpe
thanks

OLD ROSE of the movie titanic says "A woman's heart is a deep ocean of secrets."
thats how i feel.right now

[Moy]

7yr itch Ros, wait for the 10yr and 11 months one
http://www.dailymail.co.uk/news/arti...11-months.html

i will have been married 10yrs in November

ill try Joe..
WILL let you know how am doin that time

[Stevi]

It certainly did sir Terpe you are simply amazing!,,,,,