anxious

[rowena]

i hope someone can give me an advice. I would really appreciate it.
i am a filipina, been married to an english man. I came here in the UK and after 4 months of being together we split up. I live in a sharedhouse, and after 5 month, i met this man and become my partner and we've been together for 6 months.
my visa will end this september. is it possible for me to apply a divorce here? (we got married in the phils, my ex), since were both living here?
thank you very much.
waiting for an advice,
rowena

[walesrob]

Welcome to the forum Rowena.

My guess is that you cannot file for divorce in the UK as you were married in the Philippines, also, this will affect your ability to get ILR in September. There is a chance you will be denied ILR as you are no longer with your ex-partner. Why? Because the visa issued to you right now is conditional on you and your ex staying together for the duration of the visa. Also, applications for ILR will require proof that you and your ex are still together, if you cannot provide that, you will be denied ILR.

Taken from the B & I website:

When your husband, wife or civil partner arrives in the United Kingdom, he/she will be given permission to live and work here for two years. Near the end of the two years, if you are still married or in a civil partnership and plan to live together, your husband, wife or civil partner may apply to live here permanently. See Settlement (http://www.bia.homeoffice.gov.uk/ukresidency/settlement/) for details of how to apply for permanent residence.

http://www.bia.homeoffice.gov.uk/ukresidency/eligibility/partnersandchildren/husbandwifecivilpartner/

[fred]

My guess is that you cannot file for divorce in the UK as you were married in the PhilippinesRob.. Are you saying that if you get married in the Philippines you cant divorced in the UK?
Crickey,that means I know a real life bigamist!!

[Pepe n Pilar]

To Walesrob, everything you said is correct except about divorce. I guess you can file a divorce in the U.K. even if you got married in the Phils.

[charlwill]

Welcome to the forum Rowena.

My guess is that you cannot file for divorce in the UK as you were married in the Philippines, also, this will affect your ability to get ILR in September. There is a chance you will be denied ILR as you are no longer with your ex-partner. Why? Because the visa issued to you right now is conditional on you and your ex staying together for the duration of the visa. Also, applications for ILR will require proof that you and your ex are still together, if you cannot provide that, you will be denied ILR.

Taken from the B & I website:

When your husband, wife or civil partner arrives in the United Kingdom, he/she will be given permission to live and work here for two years. Near the end of the two years, if you are still married or in a civil partnership and plan to live together, your husband, wife or civil partner may apply to live here permanently. See Settlement (http://www.bia.homeoffice.gov.uk/ukresidency/settlement/) for details of how to apply for permanent residence.

http://www.bia.homeoffice.gov.uk/ukresidency/eligibility/partnersandchildren/husbandwifecivilpartner/

I do agree in what Rob said. Aside from the divorce.

Yes, couples who are married in the Phils. can file divorce in this country. The sad factor is, if the filipina wife is the one who filed the divorced it will never be valid back home. So, in order to become valid, the foreign husband ( i.e British) will be the one to file divorced against the filipina wife. By this, Brit or any other citizen can REMARRY AGAIN WITHOUT ANY TROUBLE.

[andypaul]

Unless the relationship was abusive its unlikely you would be granted ilr. so you would need to leave the uk when your visa ends. As even if your husband divorced you it would likely take longer than the time you have left. Also surely if your married in phill to your i guess ex husband it could cause problems if in the future you travel or decide to live in phill as they would still see the first marriage as valid? It would also be wise to seek proper legal advice to your status in the uk as in theory you have left when your marriage broke down possibly?

[ervenescence]

Whoaah to early to split up! why you didn't wait 'til you get your permanent resident in the UK? Then you don't have to worry about your future, you can stay in the UK whenever you like.
( Just kidding, don't be offended) :Rasp:


Its just reminds me few days ago at work, there was an english man in his 50's who work in the same company as me. He was so friendly and seems a good bloke, but then he mistaken me for being thai. :Cuckoo: But its ok, I think im used to being called as thai..anyway, thats not the issue here.

When he knows that im a filipina, hes expression has quickly changed. I asked him whats up? He told me, that he used to have a filipina daughter inlaw who was a bitch and a golddigger who just using his son as a ticket to come here in the UK. She left his son after 3 years and live with another guy.

Then he asked me, why you're here? are you married with an english? I said yeah. How long? 4 years...he said, ok. Im sure you're a lovely lady, your man is lucky.

But I was still speechless, hardly words would come out from my mouth. I hope he didn't think that all filipinas are doing that. Such an embarrassment and unfair to those who are genuine.


Btw, Rowena,
Goodluck to you. Don't bother about of what I been saying above. Im sure theres a valid reason of why some couple have split up. :)

[ginapeterb]

Hmmmmm 4 months eh ? has a kind of hollow ring to it don't you all think, now where I have I heard the name Rowena ? somewhere, but I just can't place it.

Oh well never mind, yes of course, she can institute a divorce in the United Kingdom provided of course, the marriage is over 12 months old, you may not divorce after 4 months.

Provided 12 months have elapsed since the marriage took place in the RP, this person may present a divorce petition, however, it will not be without problems from the outset.

Firstly, a Philippine citizen may not obtain a foreign divorce, as a Filipino citizen that person is bound by the laws of the Republic of Philippines and any such petition would not be recognized under Philippine law.

Also, if this lady has changed her name to that of the British husband, she may not in the future change her name to another man's again, under Philippine law.

The only time when such a divorce would be considered legal under the constitution and family code, is when the foreigner husband or wife whichever is the case, petitions for divorce.

Then on the basis of what Rob has quite rightly said, is that the visa for 24 months is based on the validity of an ongoing and subsisting marriage, clearly the marriage has broken down irritrievably, and on that basis, her stay in the United Kingdom is now invalid.

Whilst she may of course stay to the end of her 24 month probationary period, she would not be able to apply for ILR as she has no subsisting marriage, the application would also be required to be signed both parties to the marriage, and unless the current husband consents to that, and they somehow concoct a story that they are still together, then the application will fail.

And she will be required to leave our country and return back to the Philippines.

As for a UK Divorce, she may petition, however she will need to have sufficient grounds, such as unreasonable behaviour, which with our no fault divorce system, should be ok, however, if the husband counter affidavit's and denies the unreasonable behavour, the divorce may drag on, and if it does that may involve this lady in costs, especially if she is working.

Costs can range from £5.000 to £10,000 in some cases which drag on, otherwise there is the do it yourself process, however, could she do this ? and state the grounds.

Her situation is not good, best of luck.

[rowena]

thank you so much guys for your replies..it's very much appreciated. I will be leaving soon and just want to know really what's is the best, filing an annulment in the phils or filing a divorce here.
yes i have a very good reason for the split and i think "being happy is what important most" coz how can u make someone happy if you're not happy with the relationship anymore?
have a very good day..again thank you!

[alicat]

hi rowena
your right just do what you think is right..
life is too short to waste,enjoy it..goodluck

[rowena]

thanks for the info about the ILR. My query now is that "is it possible for me and my partner now to apply for an unmarried couple visa when i return to the Philippines"??.

[joebloggs]

thanks for the info about the ILR. My query now is that "is it possible for me and my partner now to apply for an unmarried couple visa when i return to the Philippines"??.

i don't think you can, becuase you should have been living together for at least two years in a relationship similar to marriage. You will need to provide documentary evidence confirming that you have been living together for this time. :doh

[walesrob]

thanks for the info about the ILR. My query now is that "is it possible for me and my partner now to apply for an unmarried couple visa when i return to the Philippines"??.

Rowena, I think your best option now would be return to Philippines and get the original marraige annulled FIRST before anything else, then you and your new partner can apply for a new visa. If you attempt to apply for another visa at British Embassy Manila, in your situation you will probably get rejected as local checks will show you are still married IN the Philippines.

[ginapeterb]

I cannot believe how blase you all are about this

Unmarried couple visa ?

Don't make me laugh, at least Rob's advice is sound, she does need to return home, sort out her marriage to British number 1, before attempting to come back to British number 2.

Good Luck Rowena, you are doing the right thing, as my Mum always says, do the right thing and it normally turns out happy love story.

[rowena]

hi guys..thanks for the advice..at least not i know what my plan is right, go home and get my marriage annuled and everything will follow.
have a nice day!

[eljean]

as far as i can remember that in CFO seminar this things have been already explained to you... what will you do if you split up...

[KeithD]

hi guys..thanks for the advice..at least not i know what my plan is right, go home and get my marriage annuled and everything will follow.
have a nice day!

Plenty of advice on here on how to 'speed' the annulment :xxgrinning--00xx3:

[fred]

Just a quick question to our legal experts..
Does a Filipino annulment amount to a UK divorce?
Thanks,
Fred.

[KeithD]

It should do, as if it's annulled then basically the marriage never existed.

[rowena]

if my ex husband is the one who filed for divorce and be granted, will it be acceptable in the RP? should i present it the NSO/civil registrar in phils?and do i still need to get a lawyer?

[charlwill]

if my ex husband is the one who filed for divorce and be granted, will it be acceptable in the RP? should i present it the NSO/civil registrar in phils?and do i still need to get a lawyer?
add me in ur ym and i will tell everything.

[andypaul]

Just a quick question to our legal experts..
Does a Filipino annulment amount to a UK divorce?
Thanks,
Fred.

I thinks so from what i have read (im no legal expert)

But a brit divorce will not have the same sway in phill for a couple who married in phill.

[ginapeterb]

The question of legality in anulment versus divorce in the UK is a matter of ciizenship and allegiance.

If a British citizen instigates a divorce petition against a Filipino citizen who he married in the Philippines, if that petition is presented in UK and finalized, then the Filipina is released from her obligation to abide by the constitution of marriage in the Philippines, as she is considered to be the no fault partner.

However, if a Filipino citizen attempts to petition in the UK for the marriage to be dissolved as a common divorce arrangement, then whilst UK law may deem the divorce to be valid, Philippine law does not, and that person is deemed legally married under Philippine law.

Philippine law does not recognize a foreign divorce by a Filipino citizen.

An anulment in the Philippines can only be started by a Filipino citizen, so yes its valid in the UK and is considered to be a divorce.

Again, please understand that this is all a matter of allegiance and citizenship, is it clear now !