What's your Interpretation on this article

[mavid]

13.9 - Evidence required for fiancé(e) and proposed civil partnership applications
For applications in these categories, the Immigration Rules state that both the applicant and the sponsor must be aged 21 or over to qualify. Please see Paragraph 13.21 for more details. This Rule does not apply to those coming to the UK to visit for marriage/civil partnership.
The marriage/civil partnership provisions are as follows:
A valid marriage/civil partnership cannot be contracted in the United Kingdom if:
one of the parties is not free to marry/enter into a civil partnership, i.e. is still legally married to someone else (but see below).
You should warn anyone going to the United Kingdom for marriage who has previously been married, that he/she may be required to provide the registrar with evidence of freedom to marry before the Registrar can accept a notice of marriage. Where you have doubts about an applicant’s intention to marry/register a civil partnership, you should ask to see this evidence before issuing an entry clearance. The kind of evidence you will need to see is as follows:
Widowed person: death certificate of the late spouse.
Surviving civil partner: death certificate of the deceased civil partner.
Divorced person: evidence of divorce, e.g. divorce certificate. (This must be a decree absolute not a decree nisi. This will be stated on the order from the Family Court - a person is legally divorced until the absolute is issued).
Dissolved civil partnership: evidence of the dissolution e.g. dissolution certificate.
Single persons of full age: the Registrar normally accepts the parties’ declaration that they are free to marry/register a civil partnership. ECOs should, therefore, accept a similar verbal statement by an applicant, together with any supporting correspondence from the person he or she is going to marry/register a civil partnership with, unless there are strong grounds to believe that one of the parties is still married/in a civil partnership or has been married/in a civil partnership previously and is concealing this fact. In such cases you should make whatever enquiries as seem appropriate.
Evidence of marriage/civil partnership arrangements
Of itself, a booking at a Registry Office or church is not proof that a marriage/civil partnership will take place.
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.
The Entry Clearance Office (ECO) needs to be satisfied that it is intended that a marriage in the UK will take place. Any evidence that may be available that wedding arrangements are in hand may help in this respect. Failing that, the ECO can reasonably expect you to have made some tentative plans for the wedding. The ECO will, however, be aware from our published procedures that "the law relating to marriage 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".

This is new to me...I am currently waiting for my annulment decision.

Am i right in understanding that... if granted a fiance visa and after 6 months the decision isn't out yet, i can apply for Extension of stay?

I just need couple more brains to interpret it hehehe

Thanks Everyone!

[darren-b]

Am i right in understanding that... if granted a fiance visa and after 6 months the decision isn't out yet, i can apply for Extension of stay?

Yes I read it the same way.

Though assuming they grant you a visa in the first place (which I'm not sure if they will...) I presume they will want further proof that the annulment is still going ahead if you have to apply for an extension. I guess it would be that much more difficult to finalise the annulment if you are not in the Philippines?

[mavid]

If you're already in that stage where the judge is making the decision, under normal circumstances...you no longer need to attend any hearings. You're just literally waiting until they issue the decree...i might be wrong but that's how i understand it

You just need your family to do the poking (following up) while your in the UK i guess lol

[Mrs.JMajor]

to add on that.............apply for fiancee visa and ECO will know that you are waiting for the "decision" already, might reason for anyone to denied it to the fact that"annulment on the Philippines will take long time to process"(they know its just not take 6 months)as the ECO use that words to my friend,how ever she also use the reason that "I am already waiting for the decision" as she show all the evidence ,that hearing and everything are all done and only waiting for the decision

[mavid]

Though assuming they grant you a visa in the first place (which I'm not sure if they will...)

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)

So I guess again, if you have a strong case & belief that your annulment will be granted, one can try as it says you can try as long as you provide evidence that annulment proceeding has started. Also if one has a spare 500 quid hehehe

[Mrs.JMajor]

But i remember itsme iye ,correct me if i am wrong here shelly,when she applied the fiancee visa the judges decision haven't come yet,and i remember her sister send her the court decision while shes in the UK already ,so they able to get married already,

Hmmm so don't tell me that applying for fiancee visa while waiting on court decision is also lottery

[Mrs.JMajor]

Also if one has a spare 500 quid hehehe

you are right mavid

Anyway,they say"true love can wait "

but how long? dunno

[mavid]

I think she got married just showing EOJ (Entry of Judgment) so she didn't have to wait for the decree of annulment. Saved her a lot of time.

True love can wait...been waiting almost 6 years lol i feel like mold's are starting to grow on me hehehe

[darren-b]

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)

It could though be refused because the ECO believes the couple will not be free to marry within 6 months and hence the marriage will not take place.

[Mrs.JMajor]

lol i feel like mold's are starting to grow on me hehehe

how come? u just arrived from visit visa,so u must be fresh and blooming like flowers

[mavid]

Earlier when I posted this... It gave me a little glimpse of Hope for couples like me and my fiance... who has been enduring this long waiting period for the annulment.

But now after hearing the experience of someone I know ...

- She was also waiting for her annulment decision

- Applied for a Fiance visa...and was GRANTED

- When it was time to extend her visa because unfortunately the decision was not released yet...they REFUSED her.

Obviously, this article is just a piece of misleading information. A way to get some extra cash!

I really give full credit to my friend for sharing this.

I guess again...we just have to wait and wait....(tapping)

[simplelife]

True love can wait...been waiting almost 6 years lol i feel like mold's are starting to grow on me hehehe

You`re not alone Mavid.

But do not worry, its worth waiting.

As they say, Mangoes are sweetier and delicious when you pick up on the right time than those ripen artificially.

Goodluck and more Strength to those waiting for Annulment Finality.

[joebloggs]

for a fiancée visa, If the applicant/sponsor have a prior marriage, they must include their divorce certificates (or death certificates in the case of widowers).

so i don't know what your chances of getting a fiancée visa are while still married, but if your divorce will be final within 6 months and you have a letter from your lawyer stating that, then you have a better chance of getting a fiancée visa..

but if it doesn't come thru within the 6 months of you getting a fiancée visa, i would have thought the chances of you getting a extension would be small, i mean what happens if you don't then, how many extensions is enough and also remember you need to provide evidence you do intend to get married when you apply for a fiancée visa.

[Mrs.JMajor]

Applied for a Fiance visa...and was GRANTED
When it was time to extend her visa because unfortunately the decision was not released yet...they REFUSED her.
Obviously, this article is just a piece of misleading information. A way to get some extra cash!
I guess again...we just have to wait and wait....(tapping)

very true

[simplelife]

very true

I agree.

[joebloggs]

3. LEAVE TO REMAIN AS A FIANCÉ(E) OR PROPOSED CIVIL PARTNER OF A
PERSON SETTLED IN THE UNITED KINGDOM

The requirements to be met by a person seeking to remain in the United Kingdom as a
fiancé(e) or proposed civil partner are set out in Paragraph 293 of HC 395 as amended
by HC 538 and HC 582 and must be referred to when reading the following advice.

3.1. Key points
Caseworkers must satisfy themselves that:
- s/he was admitted with a valid United Kingdom entry clearance as a fiancé(e) or
proposed civil partner; and
- there is good cause as to why the marriage or civil partnership did not take place
within the initial period of leave; and
- there is satisfactory evidence that the marriage or civil partnership will take place
at an early date; and
- the provisions of Paragraph 290 of HC 395 as amended by HC 538 continue to be met.

3.2. Further guidance
There is no provision in the Immigration Rules for a person admitted in another
temporary capacity to be granted leave to remain as a fiancé(e) or proposed civil partner
and such applications should normally be refused. However, where we are satisfied that
there are exceptional compassionate circumstances, such as the serious terminal
illness of one of the parties to the marriage or civil partnership, consideration may be
given to granting leave on a discretional basis. The maintenance and accommodation
requirements must, though, still be met.


what was the reason for the refusal ?

it doesn't look like they would accept that your divorce was not finalised as a valid reason for granting an extension, as you should not have applied for a fiancée visa if you was not certain in would be finalised within the 6 months.

did you get a right to appeal ?

[LittleFingers]

""Divorced person: evidence of divorce, e.g. divorce certificate. (This must be a decree absolute not a decree nisi. This will be stated on the order from the Family Court - a person is legally divorced until the absolute is issued).""


Regarding a fiance-settlement visa for UK - Am I right in saying that the above statement would be applicable to a fiancee visa applicant in the Philippines to come to the UK (for example), whereas the Sponsor (fiance) who is resident in the UK, needs to provide evidence that his own divorce proceedings are underway (if he is not already divorced), as per the Guidelines for Settlement Fiance(e) Checklist relative to the VAF4 form. - ie. He doesn't need to forward a Decree Absolute within the document package for his fiancee to colate with her application?(would a decree Nisi and a letter from solicitor be suffice?)
(I have asked this question to the helpline e-mail in Manila embassy).
These VAF forms could be clearer generally regarding documentation required, Maybe that's the reason why a lot of people hire solicitors to take care of the applications. There is no mention on the VAF4 form and associated guidelines of having to certify passports either? How the heck would 'Joe Bloggs' know that, if it wasn't mentioned on the VAF4 ? (no offence to Joe Bloggs).

[LittleFingers]

""Regarding a fiance-settlement visa for UK - Am I right in saying that the above statement would be applicable to a fiancee visa applicant in the Philippines to come to the UK (for example), whereas the Sponsor (fiance) who is resident in the UK, needs to provide evidence that his own divorce proceedings are underway (if he is not already divorced), as per the Guidelines for Settlement Fiance(e) Checklist relative to the VAF4 form. - ie. He doesn't need to forward a Decree Absolute within the document package for his fiancee to colate with her application?(would a decree Nisi and a letter from solicitor be suffice?)
(I have asked this question to the helpline e-mail in Manila embassy). ""


Just for the record - I got this response from Manila:
"You will have to present a Certificate of No Impediment which you may obtain for the British Embassy."