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Best Schengen country for my situation

Discussion in 'Europe Wide Visa Discussions' started by FreddoBee, Feb 8, 2018.

  1. FreddoBee
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    FreddoBee New Member

    I'm a dual national British/Australian living in Australia for many years but now wanting to go back to U.K./Europe. If not UK then France would be number 1 choice.

    I have been living in Philippines for 2 years+ with my Filipino partner and I would like to take her to be with me in UK/Europe as my unmarried partner.

    I am divorced and she has been living apart from her husband for 6 years, separated but not legally. Her marriage has definitely ended and she and her husband have had little contact over the 6 years.

    Will the fact that she is still married, although the marriage has broken down permanently, affect our chances of getting an unmarried partner visa for U.K. and other EU countries?

    Are there other options open to us? We satisfy all the necessary criteria except possibly the question of her marriage. From what I have seen, it's unclear whether the previous relationships/marriages need to be legally ended.

    Thanks for any help or advice.
  2. Brom27
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    Brom27 Well-Known Member Trusted Member

    10. SET5.10 What evidence is required that any previous marriage / civil partnership or similar relationships 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:

    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.

    https://www.gov.uk/government/publi...ilar-relationship-has-permanently-broken-down

    She needs to be annuled from her partner so she can qualify for unmarried partner visa to the UK.
  3. bigmac
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    bigmac Well-Known Member Trusted Member

    would it be easier to go back to australia ?
  4. FreddoBee
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    FreddoBee New Member

    Thank you. I was concerned that she needs to be annulled. I was hoping that separation would be sufficient. Annulment is expensive, long-winded and not always granted.

    If someone was in an unmarried partnership previously, what is necessary to prove that relationship is ended? Any ideas?
  5. Bootsonground
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    Bootsonground Well-Known Member


    House OKs easier marriage annulment

    MANILA, Philippines — Marriage annulment may soon become easier.

    The House of Representatives approved on second reading last Tuesday night a bill that will do away with the long and costly judicial process of marriage annulment.

    A third and final approval by the House is usually just a formality.


    Read more at https://beta.philstar.com/headlines...easier-marriage-annulment#SXdy7pfhVpk7dtXW.99
  6. Markham
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    Markham . Lifetime Member

    Your lady friend's marriage needs to be annulled as otherwise she will not meet the visa requirements for either the UK or any other EU country as she will need to marry with six months of arrival. A fiancée visa for any Schengen country is much more affordable than one for the UK.
  7. FreddoBee
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    FreddoBee New Member

    I have siblings in UK that I want to spend time and introduce my partner to and also want to show her Europe, particularly France. A partner visa for Australia is expensive and lengthy and I'm not sure about the situation regarding past marriages/relationships. Possibly the same as UK, it's a possibility I've considered.
  8. FreddoBee
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    FreddoBee New Member

    You say marry within six months of arrival? I am thinking about an unmarried partner visa, not a fiance visa.
  9. FreddoBee
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    FreddoBee New Member

    I think that only applies to marriages conducted by a religion, not a civil wedding. My partner had a civil wedding, so I don't think the bill, if passed, will affect her.
  10. FreddoBee
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    FreddoBee New Member

    O.k. Here's an interesting situation.

    My Filipino partner was not married in her correct name due to her grandmother's dislike for the real name and her preference for another, which is the first name my partner has always been known as.

    I've always known her by her real name and not her married name, which is the name all of her friends and family call her.

    So the situation is that my partner can obtain a CENOMAR in her real name, stating that she is single.

    Her passport is in her adopted name, assisted by a fake birth certificate.

    So she can get her passport issued in her REAL name with her REAL birth certificate.

    So getting an unmarried partner visa for UK could be a possibility. What could go wrong?

    Only in the Philippines, where it's more fun! :)
    Last edited: Feb 9, 2018
  11. Bootsonground
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    Bootsonground Well-Known Member


    The BIG problem is when dealing with the Brit embassy... Don`t ever try to pass any fake documents to them..They are one of the very best agencies to identify them and then you will be screwed.. I know this because I know someone that tried it..Afterwards they were full of regret.
    Name issues on marriage certs here are nothing new to them either..Happens a lot here,of that I`m certain.

    EDIT...
    OK,sorry,I misread... Wait for others to advise!!
    Last edited: Feb 9, 2018
  12. Bootsonground
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    Bootsonground Well-Known Member

    Cant find a Filipino passport application sample but as the DFA have gone all technical with the data and the passport application process here, are you sure that her new application would not throw up red flags in their new system?
    Her first name may be different but there will be a lot of other info that will be the same such as (middle name) (Place of birth) (date of birth) etc.. Sounds like a scary,perhaps stupid gamble that might make her situation much worse if it`s spotted.

    I SOLEMNLY SWEAR that 1) I am a Filipino citizen. 2) The information I provided in this application are true and correct. 3) The supporting documents attached are authentic. 4) I am aware that under the law, I am allowed to hold only one Philippine passport at any given time. 5) I am aware that making false statements in passport application, furnishing falsified or forged documents in support thereof are punishable by law.

    She will be the one to sign that after ticking the box that she is single...Not you..
  13. FreddoBee
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    FreddoBee New Member

    Well, interesting situation, I think!

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