Are you A Filipina spouse/Fiancee of UK National

[jeand2006]

hi there...i'm new to this forum...i jsut had to sign up and spk about the divorce thing you mentioned.... my fiancee and i are currently preparing a settlement visa application and we thing we've checked things out pretty thoroughly.... so i was surprised to see that you say u need a descree absolute to apply.....

In the ONLINE Entry Clearance Officer Procedures http://www.ukvisas.gov.uk/servlet/Front?pagename=OpenMarket/Xcelerate/ShowPage&c=Page&cid=1034241195847

chapter 13.9 it states the following:

The law relating to marriage/civil partnership in England and Wales does not allow for any arrangements to be made with a Registrar until the foreign national has arrived in the UK.

If the only reason for a couple not being free to marry/enter a civil partnership is that one of them is awaiting a divorce/dissolution of a civil partnership, entry clearance should not be refused for this reason alone (though ECOs would normally expect to see some evidence that divorce/dissolution proceedings are well under way).

The reasoning behind this is that the divorce/dissolution may well come through within the six months leave to enter period, thereby enabling the couple to marry/register a civil partnership. ECOs should however be aware that divorce/dissolution proceedings may take longer than 6 months to resolve.

The applicant may then apply for leave to remain as a spouse/civil partner. Should one of the partners still be waiting for a divorce/dissolution to come through at the end of the six-month period, they may apply to the Home Office for an extension of stay.

therefore either the ECO u spoke to isnt familiar with the procedures or the procedures are out of date...though the site does say that its updated live..

maybe we can check into this further.....

Good luck everyone out there, regards Jean (french for john) D2006

[baboyako]

it simply means if your application is otherwise perfect, you will still (should) get the visa.

this is never the case, the ECO works according to the balance of probabilities, so the reality is you will likely (like 30% of us) not get the visa

[gWaPito]

hi there...i'm new to this forum...i jsut had to sign up and spk about the divorce thing you mentioned.... my fiancee and i are currently preparing a settlement visa application and we thing we've checked things out pretty thoroughly.... so i was surprised to see that you say u need a descree absolute to apply.....

In the ONLINE Entry Clearance Officer Procedures http://www.ukvisas.gov.uk/servlet/Front?pagename=OpenMarket/Xcelerate/ShowPage&c=Page&cid=1034241195847

chapter 13.9 it states the following:

The law relating to marriage/civil partnership in England and Wales does not allow for any arrangements to be made with a Registrar until the foreign national has arrived in the UK.

If the only reason for a couple not being free to marry/enter a civil partnership is that one of them is awaiting a divorce/dissolution of a civil partnership, entry clearance should not be refused for this reason alone (though ECOs would normally expect to see some evidence that divorce/dissolution proceedings are well under way).

The reasoning behind this is that the divorce/dissolution may well come through within the six months leave to enter period, thereby enabling the couple to marry/register a civil partnership. ECOs should however be aware that divorce/dissolution proceedings may take longer than 6 months to resolve.

The applicant may then apply for leave to remain as a spouse/civil partner. Should one of the partners still be waiting for a divorce/dissolution to come through at the end of the six-month period, they may apply to the Home Office for an extension of stay.

therefore either the ECO u spoke to isnt familiar with the procedures or the procedures are out of date...though the site does say that its updated live..

maybe we can check into this further.....

Good luck everyone out there, regards Jean (french for john) D2006

HI Jean, you are correct. I didnt have my decree absolute and we still got the clearence visa. I just provided 'mountains' of solicitors paperwork to prove that work was on going on my divorce.