I have been in a serious relationship with my partner for around 4 years. We have identical twin daughters 2.5 years old who drive us crazy, and bring so much love and happiness to our lives. My partner also has a 7 year old daughter who would have been spoilt rotten by now if the twins had not arrived. I am the only father she has ever known. We want to live together as a family, but are frustrated by the strange rules that both the UK and Philippine governments force us to follow before we can get permission to do this “simple” thing. We own houses in the UK and the Philippines which although modest, we own outright. I am currently back working in the UK, but have lived and worked abroad for many years. I guess the main root of our problem is that my partner was previously married to a Philipino (not the father of our 7 year old). Although they have been separated for a very long time, and we have been trying to get her annulment finished for the last 3.5 years; as yet we have not been successful. Every time we get close there seems to be some other hoop that we are forced to jump through. We also have other problems, like her father being too drunk to spell her name correctly when he registered her birth. She is from Zamboanga, and we have been told that she needs to return to get her birth certificate amended. That is not an easy thing to do with 3 children to look after. Time moves on, and I am wondering what to do for the best. I have just returned from the Philippines, and as usual it was a wrench (to say the least) for me to leave. As I am writing this the word “partner” feels strange, and the thought of living without my family is unbearable. We need some serious help and advice. I am also conscious that there must be many people who have also been through similar situations to ours. So, if there are any of you reading this what so you suggest?
Hi and welcome and you are right its a complicated system we live in the only real chance you have is the annulment in the Philipines from what you say there is another fillipino who is the father of the 7 year old or is this your partners husband (presumed by virtue of marriage)? either way who ever is on her birth certificate would also have to consent to her leaving the country.
Hi, and many thanks for your reply. The father of the 7 year old is/was an American national, who we don't really want to try to contact. In fact that may not be possible at all, as my partner was told that he died in a plane crash. He never supported my partner in any way, and refused to recognise his daughter. There is no name of the father on the daughter's birth certificate, or as my partner says, she is both the mother and father. We have already expended a lot of time, effort, and money on the annulment. We were told about a month ago that the NSO had requested more information from the attorney (whatever that means). So far the excuses have include: the first attorney getting disbarred, floods in Manila, corruption in Paranaque, another attorney having poor eyesight, a different attorney not submitting original documents, etc. The list goes on, and I feel that there is not much we can do. I would start the whole process again if I thought it would do any good. Meanwhile, I am getting older, more cynical, and wasting the time that I should be using to watch our kids grow up. I guess I will have to grin and bear it, but it does get to me at times.
The seven year old is simple! The mother has sole custody. QED. I have no experience of the annulment process; it seems to work for some but not for others. Certainly the litany of excuses proffered would make me want to look for another source of legal advice. The need to return to Zamboanga to get the birth certificate corrected is probably right - my mother-in-law-to-be had to do this recently. It does not take long.
Hi, There are other people with experience of annulment here so I won't comment. I do hope you can all get together again. I think you will have to get the annulment then get married to your partner then she will be able to apply for a spousal visa. It will take time and it is not cheap but worth it. You will need to show proof of earning £18,600 per year in the UK too. Search this forum for more info. Good Luck!
Welcome to the forum! I'm afraid you do have to correct the name written on the birth certificate or just live with it. That is what my father did so his surname is different from ours. Sorry for all the red tape and bureaucracy that you are experiencing. I don't think you can marry her unless she gets an annulment here in the Philippines. But the UKBA would accept unmarried partners living together to apply for a partner visa so maybe you can consider that?
Actually, due to having 3 children I need to earn at least 27,200. That is the least of our problems at the moment. Thanks for the reply
Yes, we probably will have to ask nanay to go back to Zamboanga. Unfortunately though it is a very long way from where we live (Pampanga).
My wifes friend and her hubby had to go through the annullment process, though it was he and not she that had been wed before ( to a Filipina ) . It did complicate things but they succeeded.
The reason for the "delays" is quiet simple the lawers get paid per appearance. Whilst I loath the reality of corruption some people have suceeded by paying an agreed sum for completion of the process half up front half on annulment through your lawer you could discuss how much might be required
My partner paid the second half when the judges decision came through, that was about 2 years ago. Strangely, nothing much seems to have happened since. We now face the dilemma of carrying on with the agent we have, or wasting some more money on a completely different one... no idea what to do for the best
Well from what you say two years ago your partner suceeded so the question is if thats so whats still needed? In your earlier post you say that "the father " spelt the 7 year olds name wrong whilst registering the birth so who was this? If the father is the husband then the child is considered his by virtue of marriage so i am some what suprised you say his name is not on the B.C.
it would appear you paid up befor everything was finalised I would talk to your agent if you dont know what still has to be done , find out and offer a fixed amount to actualy acheive your aim I.E. that your partner was never married and is know able to marry you any thing else is just throwing good money after bad. In addition the family code of the filipines assumes that any child born whilst a marriage exists is legitimate unless certain conditions exist even if the mother claims otherwise http://www.kabisig.com/philippines/...n-the-family-code-of-the-philippines_988.html
Yes, it was a mistake to pay before everything was finalized. In our defense, I can only say that the judge’s ruling on the nullity of marriage was rendered on the same day that our children were born. We already had a copy of the Certificate of Finality before we paid the final installment, and were under the impression that it would only be a few weeks before everything was finalized. However, registering the paperwork at Paranaque seemed to take forever. As far as I am aware the very final piece of the process (getting the NSO to accept everything, and endorse the paperwork), remains outstanding. But, the truth is that we do not know for sure, because we are now being treated like mushrooms. I got an email from the agency yesterday saying that they were not able to refund any money because the main agent was in the US until the 6th of December, and that they too had been inconvenienced by the “turn of events”. WTF ??? I have now finally lost all patience with them, and trying to find an alternative. Anybody know of any good annulment/litigation lawyers?
Lonly i am in no way being critical just trying to establish facts Asking for money back ,whilst being perfectly logical from your perspective is probably not the best move, My suggestion, although perhaps repugnant to you would be to reply to the agent expressing "joy" that the principle will return on the 6th and enquire how much would be needed to rapidly conclude your process as you may be better off with the devil you know that presumably has all the paper work.
But tell them you will pay on receipt of the final set of documents... To insure promptitude............
Hmmm. I hear you guys, but I have already told them that its lawyers at dawn . Guess I could back down though... depends what they want for xmas.
As a foreigner you don't have any "face" to lose, so backing down is quite possible for you, although almost impossible for a Filipino! I agree with KeithAngel; you are so close to a result that a nice email expressing joy in the impending return of the principal, and enquiring how much is needed to finalise everything with the NSO etc, would seem the best plan. (Payment against Cenomar!) (Incidentally, I have two UK birth certificates - one has the name wrong - the REGISTRAR was, according to my parents, drunk!)
