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ManU
27th August 2003, 11:34
I want to marry my Philippine girlfriend but don't have a clue about visa, immigration, etc...

Admin
27th August 2003, 11:36
This is something I get asked a lot, so glad you posted it on the forum, as it will save me replying to the same question all the time ;D

It's easier if I just post the global answer;


All information can be found at http://www.ind.homeoffice.gov.uk/
My own advice would be to write to each other at least once or twice a week, and you can use this as documental proof of your relationship. Emails are no use. It is also in your favour considerably if you actually have met before applying for the Visa, and one thing that makes the application go through with success is if your actually at the British Embassy in the Philippines when your girlfriend applies for it, or better still be engaged. Their is no need to marry in the Philippines as this doesn't actually make it any easier.

On arrival in the UK she'll probably be given leave to stay for either 6/12 months, before having to re-apply again, but your usually required to marry within that period, although an extension will be granted in unusual circumstances. Once your married you then have to register the marriage with the Philippine Embassy, and the Immigration in the UK. They then give her leave to stay for 1 year. After that she applies for continuous leave to stay here, and that's it. After 3-5 years she can then claim for a British passport.

The more documents of your relationship you both have when applying for the initial application in the Philippines is in your favour.

It actually makes this a little harder if you marry in the Philippines for some reason, as the UK government then have to decide if it is just a passport they are after, whereas marrying in this country, you are doing everything in front of them, and you must keep them informed. Being totally upfront about it all, and supplying more information than is needed usually leads to a smooth passage.

Hope this helps. I know it's a little messy, but the government have made it harder & more complicated over the last 5 years, but you shouldn't have any trouble unless she's a niece to Bin Laden or something :-)

Here's a copy of a helpful question off the UK immigration site

>>>>>>>>>>>>>>>>>>>>>>>>>
You asked if a national of Philippines would require a visa to settle in the United Kingdom.

YES - prior entry clearance is required before coming to settle in the UK. The following forms should be completed to form the application: IM2A - to be completed by all applicants; IM2B - application for settlement; IM2D - confirmation of the right of abode / certificate of entitlement to the right of abode / persons applying for an entry clearance because of United Kingdom ancestry (if applicable); IM2E - if the applicant has been refused entry clearance or leave to enter the UK before. For more information, consult the information leaflet INF4.

Please note that applications for settlement must be made in the country where the applicant is normally and legally resident.

<<<<<<<<<<<<<<<<<<<<<<<<<<<<<

Regards,

Keith & Ping @ www.filipinouk.com

ginapeterb
12th September 2004, 11:36
A FAQ Is "How do I get my Filipina girlfriend to UK"


The following information is available



Marriage in the Philippines


EXPLANATORY NOTICE TO BRITISH CITIZENS CONTEMPLATING A MARRIAGE TO A CITIZEN OF THE PHILIPPINES

In May 1990 the Government of the Philippines enacted a law making it illegal to run a mail order or personal introduction business for matching Filipino women for marriage to foreign nationals. This was done to protect Filipino women from being exploited in their desire for economic improvement and in the interest of human dignity. Any British citizen contemplating marriage to a Filipino national should be aware that law in the Philippines now prohibits all such agencies.
If you wish to marry in the Philippines you must produce, to the authorities, a Certificate of No Impediment stating that you are free to marry. This can be obtained from your local Registrar of Marriages in the United Kingdom, or from the British Embassy in the Philippines. In the latter case, in order to satisfy the provisions of both Philippine and British law, it will require a minimum of 55 days for the Certificate to be issued and the marriage to take place during which time you must be resident in the Philippines. British immigration law requires a person seeking entry to the United Kingdom for settlement as the spouse of a British subject, to hold a current entry clearance (visa) granted for that purpose. The wife of a British citizen does not automatically acquire British citizenship on marriage nor does she have the automatic right to settle in the United Kingdom.
DEPOSIT OF FOREIGN LAW MARRIAGE CERTIFICATES IN THE UNITED KINGDOM
The Foreign Marriage Order, 1970 makes provision for the transmission of foreign marriage certificates of British Citizens (together with certified translations into English, if necessary) to the Registrars-General in the England, Scotland or Northern Ireland, according to the part of the United Kingdom to which the British party concerned belongs.

Two points should be noted:
The marriage will not be ‘registered’ in the United Kingdom; the foreign marriage certificate will simply be deposited for record purposes only. This means that the original copy of the marriage certificate, if sent, would not be returned to the applicant (see paragraph 3 below).


There is no legal obligation to have a foreign marriage recorded in the United Kingdom, but you may take advantage of the facility to do so if you consider that it would serve some useful purpose to have the marriage recorded there. The validity (or otherwise) in English (or Scottish) law of a marriage contracted in a foreign country is in no way affected by its having been (or not having been) thus recorded.
If you wish to have your local marriage certificate deposited with a Registrar-General in the United Kingdom, you should obtain a certified true copy of the certificate in addition to the original at the time of the marriage ceremony (see Paragraph 2 (a) above) and present the certified copy to the Consular Section of the Embassy for transmission to the United Kingdom. The fee for this service is Pounds 20.00 payable in Pesos and in cash at the Consular rate of exchange in force at the time of application.

MARRIAGE IN THE PHILIPPINES: CERTIFICATE OF NO IMPEDIMENT

If you are a British Citizen and wish to marry in the Philippines, the local authorities require that you produce a document from this Embassy to the effect that you are free to marry. This is known as a ‘Certificate of No Impediment’ (CNI).

If your marriage is to be performed in the Philippines, the Consular Section of the British Embassy can issue a CNI acceptable to the Philippine authorities. This can be done on the day you apply if you can produce a CNI issued by your local Registrar of Marriages in the United Kingdom. (The Registrar will require you to appear personally before him and your Notice of Marriage will have to be posted on his notice board for 22 days before he can issue a CNI). Please note that a CNI issued in the United Kingdom should be presented to this Embassy within 3 months of it being issued.

If you are unable to produce such a certificate you will have to comply with the Marriage with Foreigners Act 1906. This requires that you reside in the Philippines for 21 clear days before giving notice of your intended marriage and this period of residence must be immediately prior to acceptance of the Notice. Twenty-one clear days means that the day you arrive in the Philippines or the day you submit your Notice of Intention to Marry may not be counted.

When you give notice of your intended marriage, you will be required to swear an Affidavit before a Consular Officer to the effect that you are not aware of any impediment to the marriage. Your Notice of Marriage will then be displayed in a public place in the Embassy for a further 21 clear days (excluding the day you swear the Affidavit). The CNI will be issued the day after the 21 clear day period has elapsed and you should collect it from the Embassy as soon as possible thereafter. The local authorities will not accept a CNI which was issued by the Embassy more than three months before its presentation to them.

If, however, you are resident in a foreign country (other than the Philippines, but not a Commonwealth country) you may follow the above procedure by applying to the British Embassy in your country of residence. When the procedure is completed, the Embassy will forward a copy of the Notice of Marriage suitably endorsed. On receipt of the Notice, this Embassy will issue the CNI right away. Separate procedures apply if you are resident in a Commonwealth country and you should seek advice from your nearest British High Commission who should contact the British Embassy Manila for guidance.

Applicants who have been previously married will have to produce to the Embassy and to the Philippine authorities the original death certificate or divorce decree absolute, as appropriate.

The CNI issued by the Embassy in Manila is an indispensable requirement of Philippine law and in March 1993 the Civil Registrar General ruled that any marriage, which takes place without such a Certificate having been issued, will be null and void. Once the CNI has been issued by the Embassy you should apply for a Marriage License (to permit the marriage to take place). The Registrar will then post the Notice of Application for a Marriage License for a period of 10 days at the end of which time the marriage may take place.
Should a Marriage License be issued without compliance with the 10-day publication rule, the local Registrar will be liable criminally, civilly and administratively.
A fee of £35 is charged for posting of the Notice and £35 for the CNI. The fees are payable only in Philippine Pesos and in cash at the current Consular rate of Exchange.

SPOUSES SEEKING VISAS TO ENTER THE UK FOR SETTLEMENT

Following the repeal of Section 1(5) of the Immigration Act on 1 August 1988 a valid marriage no longer automatically entitles a foreign spouse to settle in the United Kingdom; the requirements of the Immigration Rules have to be met fully. Marriage to a British Citizen does not of itself bestow any immediate benefits or privileges with regard to the United Kingdom Immigration Rules or British nationality. There can be no certainty that a visa will be granted.

A passenger seeking admission to the United Kingdom as the spouse of a person who is present and settled in the United Kingdom, or who is on the same occasion being admitted for settlement, must hold a current entry clearance (visa) granted for that purpose. An entry clearance will be refused unless the Entry Clearance Officer is satisfied:

(a) that the marriage is valid and the procedures (explained above on CNIs) have been followed in their entirety; and
(B) that each of the parties has met and has the intention of living permanently with the other as his or her spouse; and
&copy; that there will be adequate accommodation for the parties and their dependants without recourse to public funds in accommodation of their own or which they occupy themselves; and

(d) that the parties will be able to maintain themselves and their dependants adequately without recourse to public funds.

It will be necessary for the spouse of a British Citizen to be interviewed by an Entry Clearance Officer to establish if a visa may be issued. Because of the number of applicants to be seen, there can be a wait of up to 6 Months before interview.

Please see our warning (above) about legislation passed by the Philippine Government outlawing the practice of matching Filipino women for marriage to foreign nationals on a ‘mail order’ basis and other similar practices, including the advertisement, publication, printing or distribution of brochures, fliers and other propaganda materials in furtherance thereof. British citizens are advised to have no dealings with unlawful agencies in Manila such as pen friend clubs or ‘friendship clubs’ whose aim directly or indirectly may be to introduce Filipino women for the purpose of Marriage.

NOTE:

British Citizens (BC) / British National Overseas Citizens (BNO) will need a Certificate of No Impediment (CNI), otherwise known as the Legal Capacity to Marry, issued by the British Embassy in Manila to get married in the Philippines. BCs/BNOs can either apply for a CNI from his/her Registrar in UK (or from other British Embassies abroad) then have it exchanged for the local CNI, or, apply for a CNI from the Embassy in Manila. The CNI issued in Manila should then be presented to the local Registrar to enable him/her to apply for the marriage license (10 days processing). Please have your fianceé/fiancé ask the local Registrar for other documents needed for your marriage.

If your CNI was issued from your registrar in UK (or from other British Embassies abroad), please present the documents below to the Consular Section of the British Embassy in Manila: (same day processing)
Present the original CNI (3 months validity only from date of issue)
Present your passport
If there is a discrepancy with regards to the name of your fianceé/fiancé, present her/his passport or birth certificate.
Pay the CNI fee (please refer to the attached Consular fees)
If you want to apply for a CNI from the British Embassy in Manila, please see requirements below:
You must reside in the Philippines for 21 days (counting your latest arrival)
Once you have completed your 21 days residency, you have to present yourself to the Consular section of the Embassy
Present your passport (showing the date of entry)
Fill in the following forms: Affidavit Form and Notice of Marriage Form
If widowed, present the original death certificate of the deceased spouse; if divorced, present the original divorce decree papers
Pay the fees for CNI and NOM [please refer to the Consular Fees page]
The NOM will be posted for 21 days in the Consular waiting room. If no objections were received, we will issue the CNI. Please note that the CNI is only valid for 3 months.
Separate procedures apply if you are resident in a Commonwealth country and you should seek advice from your nearest British High Commission who should contact the British Embassy Manila for guidance.

We would suggest that you advertise your notice of marriage in a leading English newspaper. Notify the British High Commission, who in turn will notify the British Embassy Manila. Below is a sample of a newspaper advertisement:

I, [FULL NAME], British Citizen currently residing at [FULL ADDRESS] hereby give notice of my intention to marry [FULL NAME OF FIANCEÉ], a [CITIZENSHIP OF FIANCEÉ] in [PLACE OF MARRIAGE] on [DATE OF MARRIAGE]. I hereby give notice that if anyone raises legal objection to the proposed marriage on the grounds of incapacity of either party of other lawful impediment, then such objection must be communicated with the British High Commission in [Please include the address and the telephone number of the British High Commission here] or the British Embassy Manila (Tel. +63 2 8167116) within 21 days from the date of this publication.

ginapeterb
26th January 2005, 22:17
Reader Updates - Important information regarding UK Marriages to Philippine Nationals.

Ladies and Gentleman following a visit today to the District and Superintendent registrar in my borough, I have the following to report, this may affect some of you who are contemplating:

1. Marriage in the United Kingdom to a Philippine National.

From the 1st February 2005, the following new rules, procedures are required before you can marry in the UK if the marriage is to a Non EEC National.

The Intention to marry cannot now be made at your local district registry, within the new rules, there will be a number of specialist centres being introduced around the UK, by regions, you will have to have your intention to marry registered through these special centres, they will then send the information to the Home Office - Immigration and Nationality Division, the intention to marry must be done via filling in a form from the specialist centre, there will be a fee of

£130.00

The Home Office must give the approval for the intention to marry and register the details at your local City or Provincial register office, before you are able to wait the statutory 21 days before a marriage licence can be issued.

This means now that those British Or EEC Nationals resident in the UK who have travelled to the Philippines and applied for a Visa for a Philippine National to have entry clearance to the United Kingdom, will only be granted a 6 month visa, as normal, but the marriage cannot be undertaken unless it has Home Office approval, this approval can only be achieved now through filing the appropriate form and paying the required fee.

Readers who apply after the 1st February 2005, will wish to note this new information, before deciding on whether they would wish to marry in the Philippines or Marry in the United Kingdom, the new legislation we understand is an attempt to curb the ever increasing number of bogus marriages between EEC UK nationals and African immigrants who use the 7 day residency clause to marry in the UK.

Details can be found at www.ind.homeoffice.gov.uk

Marriage in the Philippines

From 1st January 2005, all marriages which are to take place in the Philippines, still need to register their intention to marry with their local superintendent registrar, however, this is not a call in service any more, you still need to call at your local registry of births marriages and deaths, however, you will be asked to make an appointment to call back from 2-7 days, with the required paperwork, the notice of intended marriage must be posted as previously noted for 21 days in the office, the following details are required and are correct at date of this post.

The Fee to give a notice of marriage (pursuant to marriage to foreigners act 1906) is as follows: £30.00

An Appointment will be and the following is required on the appointment, the information will give the superintendent registrar the ability to determine whether a Certificate of No Impediment to marriage is warranted.

Your Birth Certificate

Your Passport

Your Driving Licence or Bank Statement showing your home address.

Divorce Decree Absolute. (If married before)

Your Fiancée’s Name, Address, Occupation and Date of Birth.

The location in the Philippines , City and Province where the marriage is to take
Place.

However no date is required.

After 21 days has elapsed providing there is no objection to the marriage, or anyone files a Caveat to the notice, (an objection) the registrar will issue a CNI, there is no validity on the CNI, but it is best to have it less than 3 months from the date of your
Intended marriage.

Notes: If anyone files a frivolous caveat to the notice of intention to marry, they are liable to prosecution for stating falsehoods, any frivolous intention to try and obstruct a person from obtaining a CNI will be liable to prosecution for supplying false information.