Fiance or Spouse Visa to get. Please help

[elizabethmartin]

Hi! me and my British partner got married in Hong Kong 2 years ago (2012) since I was working there. But my annulment case was still on process then in the Phils. Now in 2015, I have finally got annulled, and we can apply for a visa going to the UK to live together. Our marriage in HK is not recognised by Phils, as I didn't file it to the NSO to avoid it conflicting with my annulment case at that time.

Now, since I've got my decree of annulment and can apply for a visa to the UK, we are confused as to which visa should we get - a Fiance or Spouse visa.
I hope somebody here can help.

Advance thanks.

[Terpe]

Hello Elizabeth, welcome aboard Filipino UK

Personally I've not heard of a case exactly like yours before.
Technically, legally and morally, you really should not have gotten married until you were free to do so.

I'm surprised that you weren't asked to present documentary evidence of marital status.
(ie free-to-marry)

As it happens, quite a few people have gotten married in HK since the procedures were simple, quick and cheap when compared to Philippines. Now I'm not suggesting UKVI will put extra scrutiny on yours, but do be aware of that possibility as it has happened before with 'out-of-country' marriages.

If you apply for a Spouse Visa there's always a risk of UKVI discovering immigration deception. Something you should avoid at all costs given the potential impacts on UK settlement any time soon.
If you apply for a Fiancee Visa you'll need to get married again in UK.
I'm not absolutely certain of the current requirements to demonstrate that you are free to marry (if in fact there are any). Perhaps others can comment on that and associated risks.

Looks like the risks involved are less by going the Fiancee route. But I must stress that it's not advice just my personal overall risk assessment.

I'd strongly suggest engaging the services of an experienced UK Immigration Lawyer.

[Michael Parnham]

Hi Elizabeth, welcome to the Forum and good luck obtaining your visa, hope all goes well!

[Terpe]

By the way Elizabeth, can your husband meet all other UKVI requirements?
Especially the Financial Requirement minimum income threshold?

[joebloggs]

I would have thought the marriage in HK isn't valid as you were married still at the time and so the HK marriage is nullified.

But as Terpe has posted:

I'd strongly suggest engaging the services of an experienced UK Immigration Lawyer.

[robbie bobby]

I would have thought the marriage in HK isn't valid as you were married still at the time and so the HK marriage is nullified.

But as Terpe has posted:

I'd strongly suggest engaging the services of an experienced UK Immigration Lawyer.

I'm afraid Joe is right. If you apply for the Spouse Visa and you were not fully annulled, then UK immigration WILL find out and WILL NOT issue any visa as you marriage was illegal.

[marksroomspain]

I would have thought the marriage in HK isn't valid as you were married still at the time and so the HK marriage is nullified.

But as Terpe has posted:

Tend to agree on this - as it could be classed as bigamy - and with what Terpe said, you really need professional advice...

[Harry T]

Hi Elizabeth, I would be very careful about this as it does seem that you have committed Bigamy (albeit unknowingly) unless you are a Muslim. I have posted a link here:

http://en.wikipedia.org/wiki/Bigamy

The three countries concerned, Hong Kong, Philippines and the UK, all say it is illegal to remarry whilst still legally married, so be very careful how you go ahead with this. I would suggest that you remarry and then go ahead with your plans as newlyweds.

I don't want to sound alarmist, but please look into the link I have sent you. Hopefully this will help you, not maybe with your visa application, but with the status of your marriage. As I said, if you are Muslim, then it seems you will NOT have broken UK Marriage laws. Goodluck!

[raynaputi]

My advice is to remarry in the Philippines and start from there. Your marriage in Hongkong will be null and void because it's illegal as it was done when you were still married to another guy. I don't know how you both are living in Hongkong and if you both exercise your marriage there but I think that you'd have a problem visa wise if you use your marriage in HK. Time to get a lawyer about your case.

[elizabethmartin]

Thank you for the reply, so would it be best to get the marriage in hk void , then start a fresh?

[Terpe]

Thank you for the reply, so would it be best to get the marriage in hk void , then start a fresh?

I still strongly suggest seeking advice from an experience legal/immigration advisor.
Do not count on suggestions or ideas from public forums for such cases.