Well as you know, UK divorce is not recognised in the Philippines. I believe if she applies in the Philippines for a fiancee visa, even if UK granted a divorce to her, it's hardly UKBA would give her a fiancee visa as she's still married in the Philippines, and UKBA requires a proof that she is SINGLE and free to marry, hence the requirement of CENOMAR from NSO.
-=rayna.keith=-
...When you realize you want to spend the rest of your life with somebody, you want the rest of your life to start as soon as possible...
Originally Posted by stevewool
so where did you get the 246 from, you have not been giving yourself any have youI got to a certain level and folk must have thought I had enough.... plus I usually post total waffle
Rep Power of 246, isn't it the reps you've given others and not the ones you received?
...When you realize you want to spend the rest of your life with somebody, you want the rest of your life to start as soon as possible...
so--if her UK divorce does go through---and who knows if it will----she cant come here to marry me--i cant go there to marry her under Philli law--so---where can we get married--las Vegas?
i wonder if she would be allowed in on a spouse visa then-----
What is likely to happen is the UKBA check the Philippine marriage records and see she is still married to a partner in the Philippines and that gives them grounds to deny any visa which you have a connection with. From past members on here all have used the annullment route. As previously mentioned by others, a divorce outside the Phil is not recognised in the Phil, and the UKBA check for marriage in the Phil, if one exists, no visa. It's that simple.
You can call the UKBA but you'll get 3 different answers if you call them 3 times
Keith - Administrator
You can call the UKBA but you'll get 3 different answers if you call them 3 times
ha ha ha --yes--i can well imagine. lol.
The Philippines is the only country in the world that has no divorce law (other than the Vatican City state).
Although a UK divorce is recognised here (thus she can remarry here), it is not recognised in the Philippines. If she remarries here she is a bigamist in Philippine law. The exception is if the divorce is filed by the foreign spouse, then she is free to remarry after her ex-husband remarries. I don't think obtaining uk citizenship even makes a difference. But you should study the letter of the law which is available on the internet for free, before spending money with lawyers.
Note that separate laws apply to Muslim marriages.
Last edited by raynaputi; 14th November 2012 at 10:07. Reason: removed link
to recap: my lady filed in the uk back in july--before her student visa expired. ( 5 years separation ).
so--this is a foreign divorce-?
she seems to think she can get a CENOMAR with this--i'm not so sure--so we are prepared to go the annulment route.
just delays things longer, meanwhile--ive put my house up for sale to free up the capital to meet the savings requirement--which needs to be in place for 6 months before fiancee visa app.
all in all i think we are looking at another 12 months before any sort of progress. aaah well.
Well, according to post 66 it is the Foreign Spouse who has to have instigated the divorce, so I'd have thought no, she cannot get a CENOMAR in the Phils at any rate, because SHE filed for the divorce (as did my ex...here in UK).
Graham, was your wife already a British citizen when she filed for divorce? If so, it'll be recognised as she is no longer a Filipina.Well, according to post 66 it is the Foreign Spouse who has to have instigated the divorce, so I'd have thought no, she cannot get a CENOMAR in the Phils at any rate, because SHE filed for the divorce (as did my ex...here in UK).
Traditionally, the above rule is applicable only to mixed couples. Now, however, the rule has been expanded to include cases of Filipinos who have been naturalized as foreign citizens and thereafter obtain a valid divorce.
http://www.hg.org/article.asp?id=20090
...When you realize you want to spend the rest of your life with somebody, you want the rest of your life to start as soon as possible...
Yes Rayna, I believe my ex-wife was by that time, so I understand what you're saying, but I wonder if the lady in the case being discussed has her British Citizenship ?
From the OP's posts, I'm guessing she's not as she has only been in the UK for studies. She's probably thinking that Philippines would recognised the divorce if she filed it overseas. And it won't. As Philippines only recognises divorce from foreigners not Filipinos. If she'll be granted divorce here in the UK, she'll be free to marry here..but how would she be able to go to UK using the settlement route? She needs to show her CENOMAR. If she uses the student route to get here in the UK and marry her current bf, her problem would be returning back to the Philippines as she'd get done with bigamy. Annulment will be the only option, like what some members here did.
...When you realize you want to spend the rest of your life with somebody, you want the rest of your life to start as soon as possible...
Agreed...annulment seems the only answer in that case.
her current bf,
ha ha--love it--i'm nearly 65--not been called anyones BF for many years.
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