Proving Marriage Has Permanently Broken Down

[GEORDIE]

When applying for an unmarried partner settlement visa to bring your partner to the UK it is often necessary to prove that your partner's previous marriage (if any) in The Philippines has permanently broken down. As there is no divorce in The Philippines the ways to do this seem to be :-

1. Annulment
2. Separation

I've heard that separation is hard to prove - does anyone have any experiences/knowledge of the best way of proving separation. For example my partner has been separated from her husband since 1994 - she has her DH contracts where she worked in HK and Saudi for about 6 years - would this be sufficient?

Many thanks
Geordie

[-sillybilly-]

Hi there!

I am not sure if they were sufficient enough. But the best thing to do is seek a lawyer's advice and perhaps get a written document?/ affidavit? saying that she has been separated from her husband few years ago.

[katerry]

thats sufficient..and can be even more sufficient if he has the docs or the kids will attest to it. GOD IS ALWAYS GOOD...TRUST HIM AND YOU'LL SEE...

[Terpe]

Geordie,
Firstly,let me be totally honest with you. I have no personal knowledge on the view
of UK border agency in these days. My experience is now already 4 years old.

I can tell you that you will need very detailed evidence. In the case I know of there were also character references and letters of support etc from professional people in Philippines.

You appear to be fairly swtiched on concerning the processes.
But just to recap:-

1.Annulment - If you have the time (probably 2 years average)
and the money (average P200,000) this process will null and void the marriage and enable remarriage.

2.Separation - This does nothing to change the state of marriage really.
A judicial separation in the Phils is also time consuming (the court will do nothing until 6months after filing the petition) not to mention very tedious and very full of pitfalls on elegibility. Not as expensive as annulment. The courts may want to try any possible reconcilliation and try to fully settle any possible claims on conjugal property.

In both cases the other spouse cannot be seen (or believed by the court)to be colluding.(tricky)

For unmarried partner visa you will probably already know that you will be required to prove with evidence that you have been ".. living together as if you were married or in a civil partnership for at least two years"

On the question of proving marriage has permanently broken down then from the evidence that you have already you have a very good chance of success provided the evidence is substantiated from 1994 up to the time you began living together for at least two years.(should really include the period time leading to the visa application)

Anyway, hope this helps in some way

[GEORDIE]

Many thanks for this.

I was a bit worried about this because I dont think the Immigration Rules are very clear on this point. Whilst the unmarries partner visa applies to both heterosexual and same sex relationships I was thinking that maybe the applicants have to show the following to show that their prior relationship has permanently broken down :-

1. If the previous relationship was heterosexual (i.e. marriage) then show it has been divorced or annulled.
or 2. If it was a same sex relationship then show there has been separation.

Therefore different criteria for different types of relationship. Now I realise what I'm suggesting probably goes against the spirit of the Rules (i.e. all types of relationships treated the same) but the trouble is there seem to be very few cases of unmarried partner visas for us to be sure how the rules are applied.

A bit complicated I know but anyone got any further thoughts on this.

Many thanks
Geordie

[Terpe]

Geordie,
Really wish I could help you more. As I mentioned the only case I know about is the one I outlined.
I will attempt to do some research for you (guess you already did a lot!!)
One thing to please aware of, if an application for unmarried partner is denied for any reason then you can be almost 100% sure that any subsequent application under a different category will also be denied.
Given the divorce situation in Phils and the current immigration changes maybe it would be a worthwhile investment to get some guidance/advice from an immigration expert.
There is one mentioned in a 'sticky' on this forum.
If I manage to find something to help I will let you know. But previous cases do not always provide accurate prediction on complicated applications.
Important thing is to avoid making the application and being denied.

[joebloggs]

One thing to please aware of, if an application for unmarried partner is denied for any reason then you can be almost 100% sure that any subsequent application under a different category will also be denied.

why would that be ?
only way a spouse can be refused a visa is if you had 'frustrated immigration rules' apart from the standard refusal reasons.

[Terpe]

joebloggs,
From the case I have knowledge about and based on their advice at that time:-
- Because the applicant has already declared the intention to live permanently in UK in
durable relationship.

[Tonet]

Many thanks for this.

I was a bit worried about this because I dont think the Immigration Rules are very clear on this point. Whilst the unmarries partner visa applies to both heterosexual and same sex relationships I was thinking that maybe the applicants have to show the following to show that their prior relationship has permanently broken down :-

1. If the previous relationship was heterosexual (i.e. marriage) then show it has been divorced or annulled.
or 2. If it was a same sex relationship then show there has been separation.

Therefore different criteria for different types of relationship. Now I realise what I'm suggesting probably goes against the spirit of the Rules (i.e. all types of relationships treated the same) but the trouble is there seem to be very few cases of unmarried partner visas for us to be sure how the rules are applied.

A bit complicated I know but anyone got any further thoughts on this.

Many thanks
Geordie

Im only guessing..... mabe the reason why rules are different from same sex and heterosexual is because in Philippines its not legal for two people with the same sex to marry? therefore it cant be divorced or annulled?

[GEORDIE]

Actually Tonet thats what I was thinking also. However, these rules apply to applications from all over the world.

I guess I come back to my original question i.e. Can a marriage in The Phils be shown to have permanently broken down by separation rather than annulment when applying for an unmarried partner visa?

Many thanks
Geordie

[sars_notd_virus]

I guess I come back to my original question i.e. Can a marriage in The Phils be shown to have permanently broken down by separation rather than annulment when applying for an unmarried partner visa?Many thanks
Geordie

NO,..sad to say we dont have divorce in the Philippines and only 'Divorce' can prove a marriage is permanently broken down...Divorce terminates something that really existed – a marriage!!

Whereas, Annulment is simply a voided marriage.In the eyes of the Philippine government and the Catholic Church, an annulled marriage is a marriage that never really happened.

Grounds for annulment is stated in the Art 45 of the The Family Code of the Philippines
http://www.bcphilippineslawyers.com/...e-philippines/

I'm afraid being separated from a spouse with or without communication is not grounds for annulment..it does not matter how many years been separated. There is no law that annuls or void a marriage automatically''...Only a judge in a court of law can annul,void or nullify a marriage.

[joebloggs]

Actually Tonet thats what I was thinking also. However, these rules apply to applications from all over the world.

I guess I come back to my original question i.e. Can a marriage in The Phils be shown to have permanently broken down by separation rather than annulment when applying for an unmarried partner visa?

Many thanks
Geordie

and I'll say its possible, its not filipino law that matters, its what the british embassy decides that counts.

one of the points of the unmarried partner visa is for those that cannot obtain a divorce in thier own country.

You must show that any previous relationship that you or your partner were involved in (whether it be as a married or an unmarried couple) has ended.

well if you have a 7yr old daughter with your partner, been togther 7yrs was it? any contact with her ex ?

[GEORDIE]

I think I agree with you Joe. The Immigration Rules cover applications from all over the world not just The Phils.

Many thanks to everyone for their input

Geordie