Marriage advice & stuff

[Admin]

Pete, your friend is here

"Hi,

Can u put it in different topic?

Thank you very much for the responses & i was able to read the other forum.
I realize that u are right, we should decide to marry in the U.K. instead here in the Philippines.

My love Paul applied the CNI in Colchester last Oct.11,2004, but I was surprised yesterday when he told me that the staff attended him made a mistake on the process, he only found out yesterday and he said he will wait for anothet 21 days?

Please do tell me what do u think the reason why it happened?

Im very much upset and sad about it.

My love Paul & I is already scheduled to be interviewed at the british embassy in Manila on Nov.25,2004...(he will be here on Nov.20)

But my problem is the CNI, do u think we can pursue the interview for a fiance visa on the 25th November without CNI?

Please do say anything or advice me or tell me what to do because we really badly miss eac other and we want to be together forever as soon as possible...

Thank u very much!

Blessy"

[ginapeterb]

Thanks Keith, just goes to show I have freinds all over the world, in the words of the great Tony Hancock, "None in this country" "But freinds all over the world"

Tell Blessy, he has to have his CNI or he cant go for the interview can he ? geeeeeze do people not listen ?

[ginapeterb]

Tell Blessy, I dont know why they ballsed up his CNI, maybe they got out fhe wrong side of the bed, maybe its the way she did her hair that morning, maybe its the British desease, who knows ?

[Admin]

Have you forgotten your Prozac Pete, or is it that some people ignore your excellent advice elsewhere? ;D

If the people who cocked up the CNI have admitted it, they should redo it more much more quickly. Usually just the threat of legal action works a treat

Tell him to put that threat in writing to them ASAP, making it clear when he is going to the Philippines, why, and that if he can not marry due to their error, THEY are responsible, and he will be claiming all lost costs including airline, hotel, wedding arrangements. And since they have already admitted their mistake, they don't actually have a leg to stand on.

It may be worth him paying the £30-£50 to get a solicitor to put that in writing, you need to KICK ASS NOW!! Or it won't be done on time.

And tell him to post it RECORDED DELIVERY.

[ginapeterb]

Thanks Keith, why is that we spend all this time putting sound and accurate advice on the forum, and its like everyone goes into a "Rush" it mode.

Oh well, I am off to the Airport to get my ticket, I will do a round robin at Heathrow and see what I can get.

I will let everyone know the prices later.

[ginapeterb]

Good Morning Britain !, Magandang Umaga Bayan !,

Just a quick message to tell people.

The Forum Moderators, that is Keith at Admin and myself are not Personal Immigration consultants, we do not charge for our advices.

I have had 7 E Mails this week from UK and from the Philippines, and 1 from Hong Kong, all the information required for your visa application process is found in the relevant sections of this forum, everything that you need to know, is in the archives, under British Citizenship, and Courting and Relationships.

I must stress, that we cannot accept E Mails, giving a personal set of circumstances and asking us to give you a solution, we accept that everyone's case is different, however everyone has a story.

Please read the information posted on the forum, instead of sending private e mails, or Pm's if you are unsure as to your legal position or visa position, you should consult with UKVisas, or the Home Ofice, or the British Diplomatic mission overseas.


Thank you for listening.

[ginapeterb]

A Sample E Mail was received this week as follows, the names have been removed to protect the privacy of the individuals concerned.


"Dear Pete, I am living in Surigao City, Mindanao, with my girlfirend, who is pregnant with my child, I am a British National but I have lived here for 10 years, I was married to a Filipina (a) for 12 years, but I want to divorce her, and marry (B) I am living in Surigao city, but she is in Olongapo, I havent lived with her for five years, I have contacted the UK but no one wants to know as they say I am not a UK resident, and have to be resident to get a UK Divorce, can you help ?"

2nd example


"Hi Pete my name is Dulce, I am living in General Santos City, and I am married to a Filipino, but he abuse me and now we are living apart, I met a British guy on the net, and he has been to see me, he is also married but we want to get married, after having 3 lovely weeks together, he propose to me, but I am still married, can I file for a Legal Anulment, and can he get a divorce from his wife, can you help us ?"


These are but some of the examples I get in my box now on a daily basis, for one thing, Divorces in the UK require the services of a solicitor, if any e mails come to my box requesting help with divorces and Legal Anulments, it should be noted they will be returned with a polite disclaimer stating that

"We are not Immigration Lawyers, nor are we Divorce Attorney's, we have no knowledge of Philippine law when it comes to Legal Anulments."

Please if anyone wants specific advice regarding UK Immigration they should consult UKVisas, if they are not satisfied with the information we post.

Thank you for listening.

[Admin]

They are sending them to you now Nice to be wanted, I have about 30 racing email that have been there for about a week to answer yet.

In future just publish it on here, and email them the forum link direct to their post.


"Hi Pete my name is Dulce, I am living in General Santos City, and I am married to a Filipino, but he abuse me and now we are living apart, I met a British guy on the net, and he has been to see me, he is also married but we want to get married, after having 3 lovely weeks together, he propose to me, but I am still married, can I file for a Legal Anulment, and can he get a divorce from his wife, can you help us ?" [/url]


Ths Suriago one is bascially hard luck with regard the UK, nothing to do with here as stated. You just need to contact a local solicitor/lawyer who may help, but my wife says they don't do divorce out there. But she states they never seem to check if your married already anyway

[Admin]

"Hi Pete my name is Dulce, I am living in General Santos City, and I am married to a Filipino, but he abuse me and now we are living apart, I met a British guy on the net, and he has been to see me, he is also married but we want to get married, after having 3 lovely weeks together, he propose to me, but I am still married, can I file for a Legal Anulment, and can he get a divorce from his wife, can you help us ?"

Yes he can, no you probably can't, so marry in the UK, they can't check your background as Philippine paperwork is non existent

[peterdavid]

Word of warning - if applying to come to the UK on either a spouse visa or a fiance visa, the Embassy WILL check with the NSO whether the filipina has a record of a previous marriage. If it's there, the NSO will forward the mnarriage certificate to the Embassy - and the visa will be denied. So any plans to marry in the UK to circumvent the process, if you're coming in on a fiance visa, mean you probably won't get the visa anyway because you are not "free to marry" as required by the rules.

It may be possible to sidestep this by getting a visa in a different category which doesn't require you to be single but, as I think has been posted elsewhere, the 'authorities' don't look too kindly on people who try and abuse the visa process like this - especially the Embassy staff.

If you have a record of a previous marriage at the NSO, there are only two ways round it. (1) - get it annulled or otherwise 'removed' from the NSO (sadly, anullment is a lengthy and costly process and you are at the mercy of unscrupulous family lawyers who know they have your balls in a tight grip and will keep squeezing - even the most reputable ones - this is the Philippines after all) (2) if you have been living together for 2 years or more, you can try applying for a settlement visa as a cohabiting couple who are unable to marry. This type of visa was set up for gay couples originally but Human Rights and Equalities legislation wouldn't let heterosexuals be excluded from this privilege - (god bless Europe, occassionally), and so a male and female couple can use this route if there is a good reason why they cannot get married. A country with no divorce and, legally speaking, very strict and limited scope for anullment (not that the Philippine courts seem to care much about the law when they're granting anullments, it's often more to do with the quality of lawyer you get (ie, most expensive, who is friends with the judge, and better friends than the other lawyer), means you arguably have a case for being "unable to marry" - however, I ahave no knowledge of this argument ever being tested so I don't know what the Embassy would think of that.

If you have kids (between you, not from the previous marriage) then the Embassy is duty bound to consider that and it may well help an application under this route.

Only suggestions - I have no idea whether these arguments would work, but like everything else, the better presented, the more chances of success I would imagine.

The only thing I'm pretty sure about is that the Embassy will most likely find out from the NSO if a previous marriage exists. Whilst local registrars won't bother checking (they're happy to take your cash and 'marry' you, come what may, the Embassy probably will and you'll then be stuck in the unenviable position of being 'married' (with an NSO certificate to prove it, which can be stated as valid in the Philippines), but in a marriage which the Embassy will not recognise as valid.

[ginapeterb]

Originally posted by peterdavid@Dec 2 2004, 12:30 PM
Word of warning - if applying to come to the UK on either a spouse visa or a fiance visa, the Embassy WILL check with the NSO whether the filipina has a record of a previous marriage. If it's there, the NSO will forward the mnarriage certificate to the Embassy - and the visa will be denied. So any plans to marry in the UK to circumvent the process, if you're coming in on a fiance visa, mean you probably won't get the visa anyway because you are not "free to marry" as required by the rules.

It may be possible to sidestep this by getting a visa in a different category which doesn't require you to be single but, as I think has been posted elsewhere, the 'authorities' don't look too kindly on people who try and abuse the visa process like this - especially the Embassy staff.

If you have a record of a previous marriage at the NSO, there are only two ways round it. (1) - get it annulled or otherwise 'removed' from the NSO (sadly, anullment is a lengthy and costly process and you are at the mercy of unscrupulous family lawyers who know they have your balls in a tight grip and will keep squeezing - even the most reputable ones - this is the Philippines after all) (2) if you have been living together for 2 years or more, you can try applying for a settlement visa as a cohabiting couple who are unable to marry. This type of visa was set up for gay couples originally but Human Rights and Equalities legislation wouldn't let heterosexuals be excluded from this privilege - (god bless Europe, occassionally), and so a male and female couple can use this route if there is a good reason why they cannot get married. A country with no divorce and, legally speaking, very strict and limited scope for anullment (not that the Philippine courts seem to care much about the law when they're granting anullments, it's often more to do with the quality of lawyer you get (ie, most expensive, who is friends with the judge, and better friends than the other lawyer), means you arguably have a case for being "unable to marry" - however, I ahave no knowledge of this argument ever being tested so I don't know what the Embassy would think of that.

If you have kids (between you, not from the previous marriage) then the Embassy is duty bound to consider that and it may well help an application under this route.

Only suggestions - I have no idea whether these arguments would work, but like everything else, the better presented, the more chances of success I would imagine.

The only thing I'm pretty sure about is that the Embassy will most likely find out from the NSO if a previous marriage exists. Whilst local registrars won't bother checking (they're happy to take your cash and 'marry' you, come what may, the Embassy probably will and you'll then be stuck in the unenviable position of being 'married' (with an NSO certificate to prove it, which can be stated as valid in the Philippines), but in a marriage which the Embassy will not recognise as valid.

Quoted post

Paul is right as always, if the Filipina is married, the only evidence of course is the NSO in QC, if she tries to get around her anulment by marriage to a foreign national, British Embassy will check to see tht she is not preivously married, by asking local checks to be done, at NSO QC they will then trawl their database looking for any previous marriages in the maiden name of the applicant, if she has any..ditto..they will refuse, some filipinas actually see marriage locally as I noted the Municipal registrars do not check with NSO QC to see if there was a previous, they see it as an escape route from a bad mariage to a Filipino.