Who can sign an affidavit?

[Brucep]

Hi All! Just wondered if anyone could give some advice on this.

I met my girlfriend, Jean, 3 years ago while on a works trip in China, where she was singing in a band at the hotel I was staying at. We’ve been in regular contact since and I’ve travelled to China several times to see her. Having talked about UK visas, we applied for a visitor’s visa while she was still in China in 2007, though this was rejected on the grounds of insufficient supporting information, particular over whether or not we’d actually met. She’d said to me sometime before that she was planning to end her singing career and in May last year returned home, which also meant catching up with her 2 children whom she’d not seen in 5 years. In March this year, we applied again for a visitor’s visa, but this was again turned down, this time for supplying false information – unfortunately some confusion over what the question was asking, meant the previous refusal in China wasn’t stated.

I was told this was pretty serious and talked to an immigration lawyer here about applying again, as I thought there would now be no chance. The lawyer said that it would be possible but strictly we should be applying for a fiance visa rather than a visitors one. I explained that since Jean is still married, this was not possible. She’s been separated for 10 years and attempted divorce proceedings more than once, but her husband still refuses to sign any papers. The lawyer said that this situation needs to be explained in the new application, but also that we would need a signed affidavit to explain her immigration history, marriage situation, our relationship, and in particular what happened with the previous application. I’ve drafted an affidavit on advice, but been told this can only be signed by a lawyer in the Philippines. I just wondered if anyone knows whether this is correct? Does it have to be a lawyer or could someone else of standing, sign it? I’m assuming in any case, there will need to be the same amount of supporting documents as the visa application and a fee of some sort for doing this?

Looking through the visa form, I also have a few concerns about the finance section. Since Jean is no longer working, will this count against her? She has a record of employment while in China, but she hasn’t worked since leaving. I’m assuming the section asking for income from employment, will have to be ‘none’. Likewise, questions on ‘how much money is available to you for your trip’ and ‘if someone else is paying for your trip, how much will they give you’, I’m intending to cover, but I’ve no idea what figure to state.

I’ve also been advised that her savings account will be taken into consideration too and an amount less than 100,000 pesos will count against. Is this true?

I apologise if this sounds like I’m panicking, but I really don’t want anything to go wrong this time!

Thanks
Bruce

[Bluebirdjones]

Firstly, I'd suggest you ditch this lawyer/solicitor.

There is NO WAY ON EARTH that the British Embassy in Manila will grant
you/her a fiance visa if she is already married.
To even suggest that means he has no clue.

A signed affadavit ? ...... makes no sense.
You (your solicitor) seems to suggest that having a Filipino lawyer sign this
gives it some sort of "legitimacy", as if he's agreeing with all you've written.
How does he know... or confirm this ???????

I'd suggest u visit the lady (in the Philippines) on a number of occasions,
during the time her divorce is processed.
Then you'll have proof of a long-standing relationship, and can (hopefully)
successfully aply for a fiance visa.

But you are looking at 12-18mnths I'd suggest.

[Florge]

best way is to have her marriage annulled first... that's the only way this will be sorted out.

[IainBusby]

She’s been separated for 10 years and attempted divorce proceedings more than once, but her husband still refuses to sign any papers.

There is another way out of her marriage that is usually both cheaper and quicker, but if her ex is still living in the same area as her then it's a bit more difficult (but still not impossible) to do. It's called "Presumptive Death for the Purposes of Remarriage". http://nullitymarriage.blogspot.com/2005/08/presumptive-death-for-purposes-of.html . Even if the ex is still very much alive it can still be done as long as you find the right attorney and make sure that anyone who doesn't need to know about it, doesn't find out about it.

I have been told that many Filipina's who are married and have foriegner bf's take this route and quite often they do it in a different province, because by the time (if ever) the ex finds out about it she will be in the UK, the USA or some other far flung country.

Iain.

[joebloggs]

In March this year, we applied again for a visitor’s visa, but this was again turned down, this time for supplying false information – unfortunately some confusion over what the question was asking, meant the previous refusal in China wasn’t stated.

if she was refused for supplying false info she must have received a ban from coming to the uk for upto 10yrs :Erm:

if you could live with her for 2 yrs outside the uk, you might be able to apply for a un-married partner visa but its more difficult to get than the other visa's
and was ur g/f banned from the uk, thou the ban might not apply to un married partners..

[IainBusby]

if she was refused for supplying false info she must have received a ban from coming to the uk for up to 10yrs

Joe's right, unless she can explain the apparent discrepency in the information she supplied, to the satisfation of the ECO, then I think she would be banned.