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Settlement visa denied marriage void

Discussion in 'UK Visa and Immigration Help' started by babesphil, Nov 23, 2014.

  1. babesphil
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    babesphil Member

    I just reading some thread here ... and found it very informative. I will get the chance if I can get some advice what to do with my case. before that I just ask everyone not to judge me. because .. things happens so fast.my husband is a british citizen. we were married in 2005 in the middle east. I got a CENOMAR authenticated in phils. in 2008 my husband got a job back in uk, he wanted us ( me and our son) to go back with him. so I have to go home (phils) to apply for settlement visa. I used an agency to guide me to process my application. and my application was denied due to my previous marriage contract still exis tmy explanation is this.... I am aware of the marriage.. but it was my parents will.. and if I remember it clearly that my mother told me that its just fake ceremony and I have nothing to worry (I was forced to marry just for family shame). and I assure myself that its true because the man got married in 2001 and I secure a CENOMAR. I wrongly assume that marriage does not exist. until I came to know the truth from ukba. my husband then resign from his job in uk and get another job in middle east just for us to be together.

    so, the advice of my lawyer to nullify that marriage. which I did.... it was decided that it never existed. now...how to validate my marriage to my present husband? the truth is... I don't want to bother and spend a lot of money and time for applying again and get disappointed I am in good age to retire and happy to stay in phils. but my husband especially my son needs me to be with them. we never be apart since then. at the moment I been in and out of uk on a family visit visa. I hope someone out there be my angel..

    thank you and regards
  2. one world
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    one world Active Member Trusted Member

    I would have thought that since your 2nd marriage was considered as not ever existed and that the 1st is dissolved, then you just now need to 'officially' marry your present husband?

    So probably need to acquire a Fiancee Visa to marry in the UK?
    • Agree Agree x 1
  3. babesphil
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    babesphil Member

    thank you.. that what we thought as well .. last summer we were in uk and my husband went to the local civil registry in town . they told him to submit some documents. and some forms to fill up. but my worry is,i am on a family visa . can we register a marriage? while in family visit? or should I apply for a marriage visa? I am using my present husband's name on my passport. I am not really sure what to do.
  4. Methersgate
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    Methersgate Well-Known Member Lifetime Member

    Interesting question!

    I would hope that yours might be considered a special case, since you are very obviously married in reality.

    I cautiously suggest that you try to make an appointment with the UKBA and discuss the case with them and ask if they will agree to your marrying ("again") whilst you are here.
  5. Timmers
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    Timmers Well-Known Member Trusted Member

    I know the UK Registry of Births and Marriages Offices are pretty switched on, I would follow whatever advice they give you as it will be them that gives you the green light to be married officially so to speak. I know that if the Registry Office has any doubt then they submit all the paperwork to their Head Office, that's what they did with us when we went to give notice to marry as the wife had an annulment back in the Phils and could not make their minds up that all her papers were authentic. It took them five weeks to make a decision.

    You need someone in the UKVI to give you the nod or if the Registry Office give you the nod to marry then go with that.

    Good luck, you have a set of unusual circumstances.
    • Agree Agree x 1
  6. one world
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    one world Active Member Trusted Member

    A family visitor visa doesn't permit to register to marry or marry
    https://www.gov.uk/family-visit-visa

    Regarding same name, i wouldn't have thought it to be an issue, just that a cenomar should match ID.

    Regarding name, if by chance you met someone with same surname but not related, having same surnames would not stop being able to marry.
  7. Timmers
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    Timmers Well-Known Member Trusted Member

    You're right, it is clearly stated that you cannot marry on a visit visa, I must say though, they do seem to have a special and unique case, but in my opinion its probably easier to go through the visa process again as it is probably easier and less hassle.

    I feel for you both, good luck with it.
  8. one world
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    one world Active Member Trusted Member

    Alternatively there is possibly another option?

    https://www.gov.uk/join-family-in-uk/eligibility

    Joining your partner
    You must prove that you and your partner are 18 or over and in a genuine relationship.

    You must be one of the following:

    • married or civil partners
    • living together in a relationship for 2 years
    • engaged to be married or to become civil partners
    You must prove that any previous relationships you or your partner had are permanently broken down.

    Certainly seek further immigration advice


    Search for an Immigration Adviser:-
    http://home.oisc.gov.uk/how_to_find_a_regulated_immigration_adviser/adviser_finder/finder.aspx

    Not for Profit (Not Free) Immigration Adviser Organizations:-
    http://home.oisc.gov.uk/about_oisc/list_of_not_for_profit_regulated_immigration_advisers/list.aspx

    List of Prohibited or Suspended Immigration Advisers
    https://www.gov.uk/government/publications/list-of-prohibited-or-suspended-immigration-advisers

  9. joyclarke
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    joyclarke Member

    I wonder if this question/situation has now been resolved, I too had nearly the same issue as you, however, my first marriage was null and void as my first husband was already married before he married me. I got denied 2x as the Embassy was saying that I was already married before I got married with my English husband. Filed an annulment, court ruled that my first marriage was void ab initio meaning it was null and void and that my marriage is as good as void from the start. We immediately filed an appeal with the UK Embassy and got my refusal overturned. I hope this helps x
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  10. Nickel
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    Nickel Active Member


    You mentioned that you had the first marriage nullified already (annulment process)..so that's it! Annulment made it void, but the court does not automatically informs NSO, it has to be the person who will file it , for you to get the CENOMAR after annulment.

    You can now proceed to the local civil registrar , then fill up the forms (make sure you get a smart advise) because sometimes it varies.I think it will take a few weeks, maybe months, but if possible talk to the Registrar in person and asked if you can find some help to expedite the process.Just a reminder , it is very important that you keep a copy of the forms you filled up, for future use. Hope this helps.
    • Agree Agree x 1
  11. babesphil
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    babesphil Member

    Thanks for all your advice. I really appreciate. I know that in times like this someone will come and show us the way . God bless
  12. Timmers
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    Timmers Well-Known Member Trusted Member

    I remember that my wife had to go to the Supreme Court after the annulment to get a specimen signature of the person who issued the certified true copy of the annulment, Regional Trial Court where she got the certified true copy. DFA for authentication (red ribbon document). NSO where she requested a copy of annotated Marriage Certificate and CEMAR (Registry of marriages; corresponds to CENOMAR if you have not been married before).

    Note that the above is not in any particular order, the order is below;

    1. NSO
    2. Regional Trial Court
    3. Supreme Court
    4. DFA

    @bigmac included your good self, the above is what the wife did after the annulment, I believe it is above and beyond what the UKVI ask for.
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