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sassy
8th November 2009, 17:50
Hi all!

would be greatful for any advice again! My b/f is still married in the Philippines. Separated from his wife. We have a child together born in the U.K.
He is just about to leave U.K. to return to the Philippines to apply for leave to remain for two years here. We were advised by the Immigration Advisory Service to apply under the unmarried partner visa as he is still married to someone else. But I see in the information here on this site that it says you need annulment papers to submit to the British Embassy for fiance/spouse/unmarried partner visa.
Do you think it is worth applying without annulment finalized? We want to apply without going through all that, as if it can take up to three years for it to come through we are concerned about my b/f missing out on being with his daughter. Do you think the visa section will consider the application without this or just not accept it at all?
His wife is willing to write a letter stating the marriage is finished and that she is now with another parner. My b/f is currently on a visit visa here.

Thanks to all.

donnabelvaldeo
11th November 2009, 13:01
in my opinion, your bf need to have an annulment certificate on his application on settlement visa

pennybarry
11th November 2009, 13:41
We have equal rights when it comes to annulment. Wife can file for an annulment and vice versa if they think they need to.
The letter of his wife is not helpful to embassy. We do that in the Philippines if they want to live peacefully in an agreement. Let's say, both of them have their own partners already and they agreed not to file complaints against both side. But in the eyes of the law in the Philippines, they're still married. They just did that to avoid annulment procedures and FEES.
Better for him to apply for an annulment and advise you to visit him and his family in Pinas. This will help you know more about his real situations.

Goodluck!

September
11th November 2009, 18:33
Need to follow the lay, need for annulment difinitely, and beside you have to show to eco both parties free to marry

sassy
13th November 2009, 19:42
We have equal rights when it comes to annulment. Wife can file for an annulment and vice versa if they think they need to.
The letter of his wife is not helpful to embassy. We do that in the Philippines if they want to live peacefully in an agreement. Let's say, both of them have their own partners already and they agreed not to file complaints against both side. But in the eyes of the law in the Philippines, they're still married. They just did that to avoid annulment procedures and FEES.
Better for him to apply for an annulment and advise you to visit him and his family in Pinas. This will help you know more about his real situations.

Goodluck!

Thanks to all for your advice.

kryptobran
16th December 2009, 09:14
it is worth applying marriage annulment, since annulment could free him from all legal liabiities from his previous marriage.