Advice Needed

[robert34]

I am in the process of getting divorced in the UK, its dragged on for well ver a year, but finally got Nisi granted, but are still trying to work out finances with my ex-wife so I can get the final divorce paper. I met a Filipina girl at the back end of last year and we had a vaction togther in manila a few months back. She is pregnant (I knows is bad timing), but we are both happy as we intend to get married. the baby is due in February 2012. I would like the baby to be born in the UK, so what I wants to know is whats the quickest route for a settlement visa, we were thinking of getting married in Phils first and applying for a spousal visa, but due to the time constraints we are now thinking a Fiancee visa maybe the way to go. I know in both instances I would need my final divoce paper, but what I,m trying to work out is will it be a lot quicker to bring her over on a fiancee visa?
thanks for reading
Rob & Novi

[bornatbirth]

until your divorced you cant do nothing but plan ahead.

get a civil wedding in the phils and then a spouse visa, do you have 6 months bank statements and whats the heatlh of your bank account

[robert34]

Hello Bornatbirth,
many thanks for the reply. My finances will be Ok If i can get to the other side of the divorce. Im in full time employment. I will be able to buy a 3 bedroom house outright. I want to look for a house with my new wife so initially she will be stayng at my fathers house, he lives alone in a 4 Bedroom property and has agreed to be a co-sponsor.
We would perfer to get married in the Phils as some of her her brothers and sisters are there, but I am just a bit aworried about the timing with the baby due in February 2012 and my divorce still not finalised as my ex wife is dragging it out. That is why I was wondering if a fiancee visa would be quicker.
Cheers,
Rob.

[bornatbirth]

im not sure if you can apply for a fiancee visa until your divorced, until you get it theres not a lot you can do.

[imagine]

hi robert, if you look at it in a good light , you have time to do all the ground work preperation ready for when you are finaly at the end of your divorce, that will save time,
i would have thought there is enough time surely your divorce wont go on so long,
good luck with it

[robert34]

Thanks Imagine, you are right we can start planning and making sure we have all the documemts ready. I really dont know how long my wife will drag this divorce out, but at least I feel im doing something positive in preparing for the future by getting ready for the visa application.

Cheers,
Rob

[imagine]

you got one good thing going for you,,,,,,,,, you found the best forum

[sars_notd_virus]

my divorce still not finalised as my ex wife is dragging it out. That is why I was wondering if a fiancee visa would be quicker.
Cheers,
Rob.

hello robert welcome to the forum..please check this link :
http://www.ukvisas.gov.uk/en/ecg/set...ncees#18013077



SET1.17 What if the divorce/dissolution process is not yet finalised?

An entry clearance should not be refused for this reason alone. The ECO would normally expect to see evidence that the divorce/dissolution proceedings are well under way.

While the divorce/dissolution may well come through within the six months Leave to Enter (LTE) period, thereby enabling the couple to marry, the ECO should be aware that divorce/dissolution proceedings may take longer than 6 months to resolve.

Should one of the partners still be waiting for a divorce/dissolution to come through at the end of the six-month LTE period, they may apply to the UK Border Agency for an extension of stay. Once married, the applicant may then apply for Leave to Remain (LTR) as a spouse.

[scott&ligaya]

good luck with your plans and welcome to the forum

[robert34]

hello robert welcome to the forum..please check this link :
http://www.ukvisas.gov.uk/en/ecg/set...ncees#18013077



SET1.17 What if the divorce/dissolution process is not yet finalised?

An entry clearance should not be refused for this reason alone. The ECO would normally expect to see evidence that the divorce/dissolution proceedings are well under way.

While the divorce/dissolution may well come through within the six months Leave to Enter (LTE) period, thereby enabling the couple to marry, the ECO should be aware that divorce/dissolution proceedings may take longer than 6 months to resolve.

Should one of the partners still be waiting for a divorce/dissolution to come through at the end of the six-month LTE period, they may apply to the UK Border Agency for an extension of stay. Once married, the applicant may then apply for Leave to Remain (LTR) as a spouse.

thanks a lot for the information, I think its probably safer for me to wait to get the final divorce paper (absolute), I have the nisi already but I dont wants give them any excuse to reject our application.

Another question I had is can you apply for a Spousal Visa with the Local Marriage certificate, or do you need to wait for the one thats gets issued by the NSO at a later date. Did anyone submitt thgeir visa appliaction with just the local marriage certificate issue at the registry office where they got married?.

thanks,
Robert

[robert34]

thanks Scott & Ligaya.

Do you know whther we can submitt our spousal visa application with the local marriage certificate provided as the Registry office in Phils or do you have to wait for the NSO version which Im told comes later after the local marriage certicate is sent to them.

many thanks
Rob & Novi

[scott&ligaya]

sorry, I cannot but Joe or Terpe will come along soon I am sure

[joebloggs]

hello robert welcome to the forum..please check this link :
http://www.ukvisas.gov.uk/en/ecg/set...ncees#18013077



SET1.17 What if the divorce/dissolution process is not yet finalised?

An entry clearance should not be refused for this reason alone. The ECO would normally expect to see evidence that the divorce/dissolution proceedings are well under way.

While the divorce/dissolution may well come through within the six months Leave to Enter (LTE) period, thereby enabling the couple to marry, the ECO should be aware that divorce/dissolution proceedings may take longer than 6 months to resolve.

Should one of the partners still be waiting for a divorce/dissolution to come through at the end of the six-month LTE period, they may apply to the UK Border Agency for an extension of stay. Once married, the applicant may then apply for Leave to Remain (LTR) as a spouse.

beat me to it, if you can get a letter from the judge stating the divorce will be finalised within 6 months you could possibly get a fiancee visa.

[grahamw48]

I would get that house bought though, rather than house-sharing/co-sponsorship etc.

That could end up being a pain when trying to get ANY visa.

Make sure you've got at least 6 months statements in the BLACK too, and showing your wages going in, no matter how much other cash you have.

[sars_notd_virus]

Another question I had is can you apply for a Spousal Visa with the Local Marriage certificate, or do you need to wait for the one thats gets issued by the NSO at a later date.

you need the NSO marriage certificate for spouse visa application.

[Terpe]

thanks a lot for the information, I think its probably safer for me to wait to get the final divorce paper (absolute), I have the nisi already but I dont wants give them any excuse to reject our application.

Another question I had is can you apply for a Spousal Visa with the Local Marriage certificate, or do you need to wait for the one thats gets issued by the NSO at a later date. Did anyone submitt thgeir visa appliaction with just the local marriage certificate issue at the registry office where they got married?.

thanks,
Robert

I support your sound thinking concerning waiting for the Absolute.
There's quite a good possibility that you could secure a Fiancee Visa on the evidence of Decree Nisi and supporting letter, also there is quite a good possibility that you could secure a visa extension if the Decree Absolute didn't come through. But.....it's all added stress, you still can't get married, plans have to be on hold and your fiancee cannot work or move on with her new life properly.
The divorce processes can be lengthy when issues remain unresolved. You may feel some additional pressues to weaken any position you have (not taking sides here). Most financial issues are 'rest-of-life' impacting and whatever may be given away now under pressure, may come back to haunt you later in life.
If there are children involved they should come first in any divorce, and will need the best financial support possible.

As has already been confirmed by sars, you need to secure an NSO marriage certificate.
Many on here have said it's is sometimes possible to speed up the issue process.

Good luck.

[robert34]

Hello Terpe,
Many thanks for your good advice on the issues. My kids are 21 and 23 with one to complete his last year an university next year, thankfully the Uni fees at the old rate. I am trying not to rush the finances on a divorce settlement but offsetting that is the situation of just putting everyones life in limbo uncluding my ex wife, so I may end up giving some ground on the finances, so we can all move on with our lives. Hopefully not too much ground as you say it will affect us in the future.
Shame about having to wait for the NSO marriage cert, I will look into ways that could be possibly sped the process up.