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Advice please

Discussion in 'Relationship Advice' started by orly, Feb 18, 2017.

  1. orly
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    orly New Member

    Situation is...
    • UK man and filipina woman
    • Married in Philippines
    • Both in UK now - wife on first issue of spouse visa - up for renewal at end of the year

    Relationship is not working. Wife wants to renew spouse visa but husband is against supporting it.

    From perspective of wife, what are her best options?

    • she will have to return to philippines at the end of her spouse visa
    • she does not have the qualifications to apply for any other type of visa that would allow her to remain in UK
    • can she file for divorce while still in UK? this would essentially highlight she should not be in the country as she is saying the marriage is over and therefore, her current spouse visa is no longer valid?
    • i know she cannot divorce in philippines but is a UK divorce of any use / benefit to her - or is her only option to file for annulment once back in philippines.

    From perspective of husband, what are best options?

    • will not support new spouse visa - should he declare now that the relationship is in trouble? would this mean wife has to leave UK immediately?
    • is divorce process more simple for him as a UK citizen? file for divorce in UK? can this be done once wife returns to philippines or should it be done now? does anyone have any experience of this?
  2. Mattecube
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    Mattecube face the sunshine so shadows fall behind you Trusted Member

    Sorry to hear about your troubles I cant really help on this one other than provide you with the official link as a start point, also as harsh as it might seem think of yourself and think long and hard on the long term implications of supporting further applications in a relationship that isnt right


    https://www.gov.uk/visas-when-you-separate-or-divorce/tell-home-office
  3. Timmers
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    Timmers Well-Known Member Trusted Member

    As Mattecube has stated, it is up to your wife to report that you have separated, if I was you I would report it to the UKVI just in case to cover your back, it should be now without waiting for the visa to expire.

    It is likely she will have to leave the UK and return to the Philippines as the visa is tied to you, she can reapply but I have no idea what the odds would be of her getting another visa, my gut feeling is that the visa would be declined unless there are children in your relationship.

    You could do your wife a favour and let her divorce you in the UK then the divorce will be recognised in the Philippines.

    Always sad to read this kind of story but its a simple fact of life.
  4. orly
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    orly New Member

    As were married in Philippines, i didnt realise a divorce in UK would be recognised there? If that is really the case then maybe that is something to consider. I'm just not sure on the timing considering the divorce proceedings essentially mean she should no longer be in the UK as her visa is no longer valid.

    Does anyone know what action will be taken, and how quickly, once the form is sent to UKVI? Are they likely to say depart by visa expiry date, or depart immediately & no longer legal to work here.
  5. Timmers
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    Timmers Well-Known Member Trusted Member

    I think its the case that the divorce will be recognised in the Philippines, take a look at the article below;

    https://www.hg.org/article.asp?id=20090

    I have no idea how long it will take the UKVI to act once they have been advised of your situation.
  6. bigmac
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    bigmac Well-Known Member Trusted Member

    for a divorce to be recognised in the philis--he--the "foreigner"--has to divorce her--the filipina.
  7. orly
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    orly New Member

    I guess this process can be started once she is back in the Philippines?
  8. bigmac
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    bigmac Well-Known Member Trusted Member

    you can file for divorce here--regardless of where she is.
  9. graham59
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    graham59 Banned

    The 'foreigner' (ie... YOU) needs to instigate divorce proceedings in the UK, for the wife to be recognised as a divorcee in the Phils.... and thus free to remarry there.

    If she divorces you (here), it will not be recognised in the Phils.

    Your new divorced status will be recognised there though.

    This is because foreign citizens are not fettered by their medieval (no) divorce law... only their own.
  10. Timmers
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    Timmers Well-Known Member Trusted Member

    That's right, I was getting my native and non natives mixed up :)

    Its good that the Filipino has at least one way to escape the ancient laws.
  11. oss
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    oss Somewhere Staff Member

    She cannot divorce him he has to divorce her for it to be recognised in the Philippines.

    Ah sorry, I see BigMac and Graham have clarified this already.
  12. Mattecube
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    Mattecube face the sunshine so shadows fall behind you Trusted Member

    I guess the departure would very much depend on if she continues to stay at your address and you continue to provide food for her,she is not entitled to benefits if you asked /told her to leave she would be destitute and would have to go and seek help,if you let her stay this would prolong her stay to a point. I would also support you telling the UKBA although it is not down to you to do so I would.
  13. bigmac
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    bigmac Well-Known Member Trusted Member

    yes--i saw this scenario back when the new rules started in 2012. immigrant spouses are on " probation" for 5 years now---used to be 2 years before they could ditch their english husband and enjoy the full freedom and benefits the UK has to offer.
    • Agree Agree x 1
  14. graham59
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    graham59 Banned

    What a shame ALL immigrants aren't subject to such a probationary period. Then again... probably allowed to appeal for the next 20 years, at public expense. Idiotic system.
  15. Timmers
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    Timmers Well-Known Member Trusted Member

    I am rather hoping that May takes this up after Brexit and introduces a NHS surcharge and probationary period for EU citizens coming to the UK.
  16. APH2016
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    APH2016 Member

    Technically, the foreign spouse should file for the divorce in order to be recognise in the Philippines. The Filipino spouse, cannot file for a divorce as it will not be recognise in the Philippines.
    • Agree Agree x 1
  17. oss
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    oss Somewhere Staff Member

    There is only one exception to this rule, that I am aware of, and that applies to countries that have no other kind of divorce other than consensual divorce, this is true in South Korea, neither party is considered to be the one who instigated the divorce.

    I can attest from personal experience of Philippine law that 'consensual divorce' in a foreign country will be recognised when there is no other option, however this would not be the case for a divorce obtained in the UK by the Filipino partner in a marriage as we have a system of divorce where one party instigates the divorce.
  18. Methersgate
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    Methersgate Well-Known Member Lifetime Member

    If the wife brings divorce proceedings against the husband in the UK, the divorce will not be recognised in the Philippines so she will be unable to remarry. The husband however is free to remarry.

    If the husband initiates the divorce, then it should be possible for the divorce to be recognised in the Philippines and the ex wife is free to marry again.

    In either case:

    1. Both parties (in practice, the husband) must notify the Home Office that the marriage has broken down.

    (If the husband calls his local Border Force office he will be given an email address to use for reporting the breakdown of the marriage.)

    2. The wife will no longer have the right to remain in the U.K. or to work in the U.K. and she should return to the Philippines, at once.

    3. It is a condition of the Biometric Residence Permit that the wife resides at the stated address (the matrimonial home).

    4. If she absconds, the Border Force will take care of it. They will try to persuade her to leave on a voluntary basis - they try to avoid actually deporting people unless they have to, as its expensive. Ultimately she will be deported, though.

    Hope this helps.
  19. orly
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    orly New Member

    Knowing nothing about the UK divorce process, is there an impact on the outcome (really from a financial sense) on whether the husband or wife is the one to initiate proceedings?
  20. Mattecube
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    Mattecube face the sunshine so shadows fall behind you Trusted Member

    I dont believe there is,also my view would be that as your wife has contributed very little financially (unless she gave you a pot load of money at some point) she has very little if any claim to monies from you.
    • Agree Agree x 1

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