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Thread: Divorce situation...complicated.
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9th June 2008 #1
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Divorce situation...complicated.
Hi Pete/All
Thanks for previous advice given and im hoping you will be able to answer my questions again this time, advance thanks for your patience!. Myself and Dee (Filipina) have been married 20 months now and married there in the Philippines, Dee arrived here Dec 2006 just before xmas, sadly the marriage has broken down badly although we still have civil contact and communication-we both have new partners her's a Filipino guy she now lives with in Manchester and i met a great girl last December 2007 through my work there in Manila, now we have both agreed to get a divorce and wish to be seperated in the earliest possible time but my concern is this-as Dee does not have ILR and cannot apply for it until this Nov/Dec if i report to The Home Office that the marriage has broken down then Dee will be inelligable for ILR and will thus be deported which for 1 thing i don't really wish upon her and secondly will make divorce impossible or will certainly complicate it if she's not in the Country plus she holds our Marriage Certificate and unsurprisingly is unwilling to release this to me and so if i dont help her proceed with her ILR it would appear that im shooting myself in the foot as it will make getting a divorce much more complicated with her not here and me not having the Marriage Certificate, also if she goes back home to Philippines of course the option is there to proceed with anullment but again this is more complex, lengthy and costly than a UK County Court divorce, so i know it will be much easier to get divorced here...so under these circumstances should i just keep quiet and help her process her ILR this coming Nov/Dec then once it's been granted wait a couple of months longer before filling for divorce (she has agreed to hand over Marriage Certificate when i sign her ILR) however if by doing this is it going to subsequently count against me should i then wish to marry my current Filipina GF who is there in the Philippines, i know that yes i will legally be free to marry again there once my divorce here is complete but will my circumstances count against me when it comes to applying for future spouse visa?. Could i still divorce my wife here from UK even if she gets deported? especially as mentioned as she holds the marriage certificate or is it just easier to wait and sign her ILR?...lastly did read some scary info regarding potential Tory party changes to immigration law one being that if the UK spouse divorces Foriegn wife/husband after ILR is granted then they will not be able to obtain spouse visa should they remarry a Foriegner for a period of 5-10 years...just hope i can process my divorce and re-marry before they get back into power!. Any advice on the above and the options open to me are gratefully recieved, advance thanks.
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