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British citizen wishing to marry Filipina

Discussion in 'UK Visa and Immigration Help' started by 13thDisciple, May 20, 2017.

  1. 13thDisciple
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    13thDisciple Guest

    Hello Everyone!

    I have a very annoying situation which I hope someone could give some assistance with or advice.
    I am in a ldr with a woman whom I met and started a relationship in UK 4 years ago. After about 9 months together, her work failed to renew her work visa and subsequently did not inform her about this. Only found out when UKBA came a knocking!

    Whilst together in UK she told me that she was married but no longer together with her partner. At that time she had filed for an annulment but that fizzled out due to using none reputable legal counsel.

    Now that she is in the Philippines, she was restarted her annulment case which she is almost a year into.
    Both parties have done their psychological assessment and the next court appearance will be in three months. Looking on the some of the forums, I have seen that the process has take some people more than 3 years to complete. Can someone give me a procedural breakdown of what else to expect?

    Also is there a way to bring her to the UK with the intent to marry legally while she is going through the annulment process?

    Given that the Philippines is one of the only countries in the world where divorce is illegal, is there an exception in UK law to recognise this type of issue and allow her entry to UK to marry or process an intent to marry?

    Thanks for your time.
  2. Brom27
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    Brom27 Well-Known Member Trusted Member

    Hi welcome to the forum. :)

    I can't tell you how long the annulment process will take but I do know it's taking quite a long time. Some members here are going through the annulment process as well and it's just holding everything up for starting the visa process.

    Unfortunately she can't apply for a settlement visa whilst the annulment is going on. The marriage should be dissolved before applying for the settlement visa, no exception.

    Patience is a virtue. You'll get there. :)
  3. bigmac
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    bigmac Well-Known Member Trusted Member

    hi..welcome to the forum.

    in our case--i met my--now--wife in 2011 when she was in the UK on a student visa. in that time she divorced her filipino husaband from here. ( 5 years separation )

    we thought we were good to go with a fiancee visa-----but i could find no definite answer as to whether her UK divorce would be valid to the UKVI---as it obviously wasnt recognised in the filis.
    she returned home in 2012----and came over again in 2013 on a visit visa. we then decided to try again so she started annulment proceedings from here in the UK--dec 2013---using a family friend lawyer who had a good track record. thats when all the frustrations caused by the fili legal system began.

    3 times she went to court--but the judge didnt show up. but we got it in the end--march 2015.

    cost me £2000 in fees and " assisstance "----and that was mates rates.

    but you can speed it all up for extra £££ !

    but in your case it might well end up with you using a UK immigration specialist lawyer in view of your g/f's history with the UKVI.
  4. Timmers
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    Timmers Well-Known Member Trusted Member

    Welcome to the forum :)

    It surprises me greatly that your lady did not know that her visa had expired before the UKBA came knocking, it is the responsibility of the visa holder to ensure all visas are up to date not the employer so your lady has to take full responsibility for overstaying in the UK.

    You will need to complete the annulment process in the Philippines before you can consider bringing her here on a Marriage Settlement visa, there is no process as such you just have to muddle through it the best you can like some of us did here. The choice of lawyer in the Philippines is crucial when going through the annulment process, having a reputable lawyer could save you money and time. Nobody here on the forum can tell you how long the process will take and the cost, annulments are like fingerprints as no two are the same. If you budget for £3k and the process taking 1- 2 years or so you might be in the ball park.

    The other thing you have to consider of course is the problem of your good lady overstaying in the UK, this could make the process problematic for you, if I was you I would be seeking advice from a reputable immigration advisor outlining the full circumstances why she overstayed.

    It is probably true to say that your lady has very little chance of applying for any kind of visit visa to the UK while the annulment is going through because she has previously overstayed. I'm guessing you will have more chance with the settlement visa after the annulment is complete and she is free to marry.

    As I said, see a experienced immigration advisor to see where you stand and what options may be available to you, we on the forum can only offer you some pointers on something like this as we have stayed within the immigration rules.
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  5. 13thDisciple
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    13thDisciple Guest

    Hi @Brom27 , @bigmac and @Timmers. Thank you for taking the time to reply to my post.

    I totally get the fact that no two cases are alike. Wishful thinking that there may be some kind of magical solution to make things happen.
    Annoying that this is such a long process and also the fact that judges and others require "greasing" just makes things more frustrating and costly.

    My GF left the country on her own terms and was not found by immigration, she was warned by friends that they came to visit. An immigration specialist informed that as she left on her own terms she would not have to worry about being denied entry on grounds of overstaying.

    Will she be free to remarry once her annulment has completed or is there a cooling off period?

    Thanks very much.
  6. Brom27
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    Brom27 Well-Known Member Trusted Member

    It is indeed quite frustrating that it takes such a long time. All you have to do now is be patient and wait. Try to visit her once or twice in the Philippines every now and then while the annulment is going on.

    Not sure about the cooling period. Never heard of it. Maybe @bigmac can answer that. :)
  7. Timmers
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    Timmers Well-Known Member Trusted Member

    I don't know how long your girlfriend overstayed in the UK for but looking at the information below from the CAB, if it was less than 90 days past the expiration date of her visa and she left the country under her own steam then she will have a better chance when it comes to applying for the settlement visa. Every over stayer will be treated differently according to their circumstances by the UKVI.

    Get the annulment process underway then seek professional advice on the repercussions if any of your girlfriend breaking her visa terms, you need to know what you're up against and the best way to proceed.

    https://www.citizensadvice.org.uk/immigration/stay-in-uk/overstayed-visa/
  8. bigmac
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    bigmac Well-Known Member Trusted Member

    i really have no idea about any cooling off period after an annulment.

    what i do know is--stay well out of the picture during the annulment process. one whiff that theres a Brit boyfriend in the picture and costs will go up. ££££ kerching.
    • Agree Agree x 1
  9. Mattecube
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    Mattecube face the sunshine so shadows fall behind you Trusted Member

    A petition for legal separation is not heard immediately after it is filed. A mandatory six-month cooling-off period is set by the court to give the parties enough time to contemplate on a possible reconciliation.
  10. Triumph
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    Triumph Member

    Annulment, we are 12 months in. My intended has been separated for 14 years and couldn't afford the process estimated at £3000. We got it going and it's very slow and it seems it's not a welcomed process by the Philippine aurthorities.
    However, we got a good lawyer on the case and just yesterday we got another step further. It was a hearing to have testimony that my girl has not been living with her ex ( who left her after the marriage ) and confirming that he hasn't been seen over the 14 years. Next is the phycologist report hearing, then a family member to give evidence hearing, then hopefully we can get It finalised. These hearings are very spasmodic and you have to push for your case to be heard.
    We can then apply for her visa after we marry in the Phils.
    I think by the time the whole process is finished I will be retired, my pensions are worth much more in the Phils, rather than my girl coming to work in the UK.
    But as everyone has said......she needs to be free before you can go ahead and get her visa.
    Good luck my friend.
  11. Timmers
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    Timmers Well-Known Member Trusted Member

    At least the annulment seems to be ticking along, thanks for the update, any information on annulments is helpful to others.

    Good luck.
  12. Triumph
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    Triumph Member

    Thanks Timmers, I will keep you all informed.
    Take care. T

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