Advice on fiance visa badly needed

[sars_notd_virus]

Hello pumkinbee welcome to the forum

The UKBA really checks on documents, i supposed you already checked with the NSO if they have your marriage on their data base otherwise you will not be asking us anymore...


Infidelity and separation is not a ground for annulment ,with regards to presumptive death the Philippine law has their ruling :

http://jlp-law.com/blog/presumptive-...uent-marriage/

As mentioned above, failure to seek a judicial declaration of presumptive death opens a party who contracts a second marriage to a charge of bigamy. The reason is this -

In a real sense, there are three parties to every civil marriage; two willing spouses and an approving State. On marriage, the parties assume new relations to each other and the State touching nearly on every aspect of life and death. The consequences of an invalid marriage to the parties, to innocent parties and to society, are so serious that the law may well take means calculated to ensure the procurement of the most positive evidence of death of the first spouse or of the presumptive death of the absent spouse after the lapse of the period provided for under the law. One such means is the requirement of the declaration by a competent court of the presumptive death of an absent spouse as proof that the present spouse contracts a subsequent marriage on a well-grounded belief of the death of the first spouse. Indeed, “men readily believe what they wish to be true,” is a maxim of the old jurists. To sustain a second marriage and to vacate a first because one of the parties believed the other to be dead would make the existence of the marital relation determinable, not by certain extrinsic facts, easily capable of forensic ascertainment and proof, but by the subjective condition of individuals. Only with such proof can marriage be treated as so dissolved as to permit second marriages. Thus, Article 349 of the Revised Penal Code has made the dissolution of marriage dependent not only upon the personal belief of parties, but upon certain objective facts easily capable of accurate judicial cognizance, namely, a judgment of the presumptive death of the absent spouse.


If you plan to marry in hk please check this link:(they have the same required checklist of documents as what we have in the ph)
http://ukinhongkong.fco.gov.uk/en/visiting-uk/visas/

[pumpkinbee]

Hello pumkinbee welcome to the forum

The UKBA really checks on documents, i supposed you already checked with the NSO if they have your marriage on their data base otherwise you will not be asking us anymore...


Infidelity and separation is not a ground for annulment ,with regards to presumptive death the Philippine law has their ruling :

http://jlp-law.com/blog/presumptive-...uent-marriage/

As mentioned above, failure to seek a judicial declaration of presumptive death opens a party who contracts a second marriage to a charge of bigamy. The reason is this -

In a real sense, there are three parties to every civil marriage; two willing spouses and an approving State. On marriage, the parties assume new relations to each other and the State touching nearly on every aspect of life and death. The consequences of an invalid marriage to the parties, to innocent parties and to society, are so serious that the law may well take means calculated to ensure the procurement of the most positive evidence of death of the first spouse or of the presumptive death of the absent spouse after the lapse of the period provided for under the law. One such means is the requirement of the declaration by a competent court of the presumptive death of an absent spouse as proof that the present spouse contracts a subsequent marriage on a well-grounded belief of the death of the first spouse. Indeed, “men readily believe what they wish to be true,” is a maxim of the old jurists. To sustain a second marriage and to vacate a first because one of the parties believed the other to be dead would make the existence of the marital relation determinable, not by certain extrinsic facts, easily capable of forensic ascertainment and proof, but by the subjective condition of individuals. Only with such proof can marriage be treated as so dissolved as to permit second marriages. Thus, Article 349 of the Revised Penal Code has made the dissolution of marriage dependent not only upon the personal belief of parties, but upon certain objective facts easily capable of accurate judicial cognizance, namely, a judgment of the presumptive death of the absent spouse.


If you plan to marry in hk please check this link:(they have the same required checklist of documents as what we have in the ph)
http://ukinhongkong.fco.gov.uk/en/visiting-uk/visas/

Thank you for the information sars_notd_virus, as i had mentioned on my other response I don't intend to declare him dead as I know he's not. I haven't checked with the NSO but I will soon.
Does applying for fiance visa under a single status requires presenting a CENOMAR? Do you know?

[sars_notd_virus]

Does applying for fiance visa under a single status requires presenting a CENOMAR? Do you know?

check with the nso, dont jeopardize your visa application, they will certainly look for proofs

http://www.ukvisas.gov.uk/en/ecg/set...ncees#18013077
SET1.15 What evidence is required to prove freedom to marry?

For single adults, the Registrar normally accepts the parties’ declaration that they are free to marry. The ECO should, therefore, accept a similar verbal statement by an applicant, together with any supporting correspondence from the person he/she is going to marry. This is 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 the ECO should make whatever enquiries as seem appropriate.

The ECO should warn anyone going to the United Kingdom for marriage who has previously been married/in a civil partnership 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 the ECO has doubts about an applicant’s intention to marry, the ECO should ask to see evidence of freedom to marry before issuing an entry clearance:

Widowed person: death certificate of the late spouse.
Surviving civil partner: death certificate of the deceased civil partner.
Divorced person: evidence of divorce eg a divorce certificate. NB for the UK this is a decree absolute divorce certificate - this is stated on the order from the Family Court. A person is not legally divorced until the decree absolute is issued. A decree nisi is not acceptable evidence.

[pumpkinbee]

check with the nso, dont jeopardize your visa application, they will certainly look for proofs

http://www.ukvisas.gov.uk/en/ecg/set...ncees#18013077
SET1.15 What evidence is required to prove freedom to marry?

For single adults, the Registrar normally accepts the parties’ declaration that they are free to marry. The ECO should, therefore, accept a similar verbal statement by an applicant, together with any supporting correspondence from the person he/she is going to marry. This is 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 the ECO should make whatever enquiries as seem appropriate.

The ECO should warn anyone going to the United Kingdom for marriage who has previously been married/in a civil partnership 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 the ECO has doubts about an applicant’s intention to marry, the ECO should ask to see evidence of freedom to marry before issuing an entry clearance:

Widowed person: death certificate of the late spouse.
Surviving civil partner: death certificate of the deceased civil partner.
Divorced person: evidence of divorce eg a divorce certificate. NB for the UK this is a decree absolute divorce certificate - this is stated on the order from the Family Court. A person is not legally divorced until the decree absolute is issued. A decree nisi is not acceptable evidence.

Hi sars_notd_virus, thank you for the information...i wouldn't do such thing to jeopardize my situation, I have checked with the NSO already and found my marriage registered as expected...
I've contacted an agency that my honey gave me last night and was advised that they've dealt with numerous cases like mine and they can help us, I have yet to check if the agency is reputable and if it is indeed legitimate...thought i'd share with you their website, I spoke with one of the consultants there last night.

http://www.ukvisaandimmigration.co.uk

Thank you again for your assistance

[sars_notd_virus]

Hi sars_notd_virus, thank you for the information...i wouldn't do such thing to jeopardize my situation, I have checked with the NSO already and found my marriage registered as expected...
I've contacted an agency that my honey gave me last night and was advised that they've dealt with numerous cases like mine and they can help us, I have yet to check if the agency is reputable and if it is indeed legitimate...thought i'd share with you their website, I spoke with one of the consultants there last night.

http://www.ukvisaandimmigration.co.uk

Thank you again for your assistance

thanks for the link theres a lot of agencies doing this thing but i guarantee you its expensive and you will still need to provide all the documents for your visa application which includes a decree of absolute annulment because you have an existing marriage in the Philippines.


In the link you gave me it states:
In order to complete your UK Fiancé Visa application efficiently your immigration matter will be dealt with in five stages:

A detailed assessment of your personal circumstances
Pre-application, where we will ensure that we receive the correct documents to strengthen your case
The completion of your UK Fiancé Visa application
Submission of your UK Fiancé Visa application
Contact you with the confirmation of your UK Fiancé Visa


I would suggest you to have an appointment with a Philippine lawyer regarding your case, as u said ur ex has remarried now and in spain, i dont think he will contest the annulment proceedings and it will be easier for u to win the case.

good luck to u and be patient..applying for a visa is no easy way , a lot of us here have been there done that and its all worth it in the end.