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marga
27th July 2018, 20:38
Hi to all.

It's been a while since I lasted posted in here.

I need your advice please.

I came here on a spouse visa in 2014. Unfortunately our marriage broke down in 2015 due to domestic violence. I submitted a domestic violence application in 2016 and was refused with the right to administrative review and was remained refused.

In that same year I met my boyfriend who is now my husband. I submitted another application for leave to remain on the basis of family life with my British partner and my parental relationship with his child. It was again refused with the right to appeal. My solicitor submitted an appeal and went to the hearing with my barrister. I have now received the judge's decision saying:

1. I dismiss the appeal under the Immigration Rules

2. I dismiss the appeal under Article 8 of ECHR

At the time that I submitted my second application, I wasn't married yet to my husband as I was awaiting for my divorce.

I am contemplating on going home to the Philippines and applying for a spouse visa instead of going to Upper Tribunal, but my worry is, as I am not annulled in the Phils, will this cause problems in me applying for a new passport as my passport has been expired and it's with the HO. Also, I worry that when I go home and re-apply, they might require my annulment.

I am confused and stressed out. I have been in this situation for 2.5 years

Thanks in advance.


Marga
raynaputi
27th July 2018, 20:54
Your marriage in the Philippines, is it the same guy, your former husband?
marga
28th July 2018, 11:57
Your marriage in the Philippines, is it the same guy, your former husband?

Yes, with my ex-husband and I filed for divorce when the marriage broke down
raynaputi
28th July 2018, 14:03
Yes, with my ex-husband and I filed for divorce when the marriage broke down

Oh I see. I don't know how you can get all the process quicker but unfortunately, annulment is the way to go if you'd go back to the Philippines. You need to get a solicitor that can handle this and help you.
marga
28th July 2018, 21:56
Oh I see. I don't know how you can get all the process quicker but unfortunately, annulment is the way to go if you'd go back to the Philippines. You need to get a solicitor that can handle this and help you.

I don't need an annulment. In April this year, the Supreme Court recognised divorce obtained by a Filipino from foreign spouse. I am just not sure whether I still need to apply for judicial recognition of my divorce. I need to speak to a solicitor.

https://www.philstar.com/headlines/2018/04/24/1809011/sc-philippine-courts-now-recognize-divorce-obtained-filipino-foreign-spouse

I have just come across this news while doing my research about annulment & divorce.