Visa application surname after annulment

[spinynorman]

Hi All,

I've tried searching and so far not found an answer to my question. At long last after what could almost be considered to be an eternity ... my fiancee now has her CENOMAR after being granted her annulment . What we are not sure about now is whether she must change her passport and apply for a fiancee visa in her maiden name, or whether she can go ahead straight away and make the application in her married name. Logic tells me that it will be the former since the annulment means that effectively she was never married.

Anyone been in this situation and knows what the answer is? Any help would be appreciated.

Phil.

[raynaputi]

Whatever name she has on her passport, that will be the one to be used in her visa application. So if she wants to use her maiden name again, she must change her passport first.

[spinynorman]

Hi Raynaputi,

Thanks for your quick reply. My fiancee's CENOMAR uses her maiden name, stating that there is no one with that name as being married ... so I would have thought that the granting of a fiancee visa would have to be for someone with that name? Or perhaps it is an issue with our marriage in this country? I'm a little confused about this!

Phil.

[raynaputi]

Like what I've said above, the visa application relies on what the name in the passport shows. Her passport is her main identification document. Your fiancee can just change her passport to her maiden name before she can apply for the visa and then it would reflect what it shows in the visa, CENOMAR, etc.

[spinynorman]

Hi Raynaputi,

Thanks for taking the time to reply again. I managed to speak to someone in the registry office and was told that as long as there is evidence presented over here of any name change then it is ok for the CENOMAR to have a different name to the visa / passport. So, for expediency my fiancee will use her married name.

Phil.

[Harry T]

Hi Spinynorman, Im a little surprised that you asked for advice, which you got from Raynaputi on two occasions, then you proceeded to ignore it, might i suggest that your Fiancee still gets her name changed in her passport, as this will only help eliminate any delays once she has applied for a Fiancee visa, probably you will still ignore the suggested advice, but goodluck with your application.

[Terpe]

Hi Raynaputi,

Thanks for taking the time to reply again. I managed to speak to someone in the registry office and was told that as long as there is evidence presented over here of any name change then it is ok for the CENOMAR to have a different name to the visa / passport. So, for expediency my fiancee will use her married name.

Phil.

I think it's wise to submit the visa application under the current passport name of your wife provided the passport will not be up for renewal any time soon.

Knowing the UKVI you may, or you may have needed to submit additional papers. It really alwayss depend on the caseworker and whether or not they decide to escalate.
In principle there'd be no problem either way ...............usually.

Personally I would not take any immigration advice from anyone at your registry office.
Time and time again they have given totally incorrect advice. They certainly know very little about immigration law and I'd guess zero about Philippine documentations.

I just wondered why you didn't want to submit the visa application with the existing passport with your wife's married name together with all the existing annulment documentation as proof of being free to marry?

Yes, you are quite right that generally when a previous marriage is annulled (found to be void ab initio or not valid in law to start with) then the person is considered single.
(provided the last annulled marriage was the only previous marriage).

Good luck with the Fiancee Visa application
The Fiancee Visa does fall for some additional scrutiny so do be sure to submit the needed documentations supporting Genuine and Subsisting Relationship as well as well as providing an intention to marry and live together.

It's actually impossible to prove an intention, and likewise no concrete evidence can be provided. Even receipts for a wedding dress and ring do not prove an intention.

If they believe the relationship is genuine then they usually believe a marriage will take place.

Of itself, any kind booking at a Register Office or church is not proof that a marriage will take place.

However the ECO can reasonably expect that couple will have made some tentative plans for the wedding.
Any evidence at all, however small, that's available to show that wedding arrangements have been discussed / shared or are in hand will help in this respect.

Think about including any facebook messages, e-mails or texts that specifically refer to wedding plans:-

- Where and when
- Rings, dress, cake, catering, reception
- Guests, invitations
- Any quotations relating to wedding arrangements (just demonstrates that the couple have some intention)

Also try to establish a communication chain between you and the registry office inquiring about setting a wedding date.
Give them when you intend to get married and they will tell you that you both physically have to be there to set a date.
Reply back for instructions and info and they will email you back a price list and what you have to do. Could all be done by e-mail

Good luck with the application

[spinynorman]

Hi!

Harry: it's not a case of ignoring advice, but a question of gathering information and choosing the best way forward. Raynaputi did say that the visa is applied for in the name on the passport, and that is what we will do! I have been told separately that the CENOMAR with the original name change evidence (i.e. the marriage certificate) will suffice for marriage in the UK. (Who knows how long it might take to get the passport changed in the Philippines?!)

Terp: thank you for all of your comments. The woman that I spoke to at the registry office did appear to be reasonably knowledgeable - being aware of fiancee visas! My fiancee and I have known each other for nearly seven years and have a 'mountain' of evidence of our relationship! I have visited three times, twice with my teenage daughter. My fiancee was granted her annulment at the end of last October (that took far far longer than it should have) and was told that she would have her CENOMAR within a few weeks. Time moved on and we only found out a few weeks ago that the delay was due to lack of acknowledgement by her ex husband :(. For the purposes of the visa application I took a bit of a gamble and setup a date for our marriage for the end of April. All of the details have been sent to my fiancee for the visa application. The CENOMAR delay and changes to the law here (notice of marriage after the 2nd of March will be 28 days instead of 16) effectively means that we will now miss the original date. I will have to make new plans and should probably send a new sponsors letter to my fiancee.

I will no doubt be posting any news of a successful visa application if / when it happens!

Phil.

[Anne2014]

Hello Phil. Good luck with your visa application.

[Terpe]

.....
The woman that I spoke to at the registry office did appear to be reasonably knowledgeable - being aware of fiancee visas!
.....

No offence Phil, but it just tickled me when you said that the lady at the registry office was aware of a Fiance(e) visa.


Hope you can see the funny side too

Good luck. Just be sure you're fully compliant with the mandatory requirements of UKVI immigration rules for Family Members (FM)
Always worth a triple check before final submission IMO