Annulment and visa application

[japonica]

I was just wondering if anyone here had the same experienced or have any ideas.

Here`s the situation; Im applying for a fiancee visa to get married in the UK next year, but I have not got my annulment finality yet, but I have submitted all the papers and evidence to show that the legal proceedings is on going and my lawyer declared in his certification that the petition will be granted in the very near future. I have all the requirements thats asked on the list and my fiancee have enough accommodation and funds for me. We have enough evidence that the relationship is genuine and we already met here this year. Do you think I will get my visa even my annulment has not yet the finality?

I will be travelling to UK as soon as I got my visa, but none of my children will be travelling with me, as the biological father will not let them get out of the country and my own choice as well to leave them with my parents. I do not want them to destruct their concentration in their studies here if I will move them to UK its gonna be difficult for them to adjust in their ages between 10 and 13 years old. I spoken to my kids about it and they said they are happy with their grandparents as they got used to them since they been living with my parents as Ive been working abroad since they were small. It is not easy for me and may not be acceptable to other people, I might be judge as as a selfish mother, but I can`t force my fiance to move here as his career is in the UK. He promised me that my children will be look after and will have a better life and I can go home more frequently to see them.

Do you think it will count against me of not taking my kids with me to the UK?

Any advice and opinion will be appreciated.

Thanks.

[joyce]

I think if you apply for a fiancee visa and your annulment still on the process you will be denied, as we know that having a fiancee visa your intention to go to UK is to get married but you can't married yet bcoz your are not yet annuled.
About your children there is no problem if you will leave them to your parents. I have a friend here who got her fiancee visa and she didn't take her 3 year old daughter with her to the UK.

[KeithD]

Keep it as simple as possible for our poor Embassy workers out there struggling with constant warm weather, cheap prices, a decent pension scheme.....poor things....must be suffering terribly

Get the annullment BEFORE you do anything else.

As for the father of your kids, nice bloke, doesn't want his kids to have a better life

[japonica]

Thanks for your reply.

[LadyJ]

Why in a hurry of applying a fiance visa?

Get your problem sorted first before you apply a visa.. So there will be no reason for the British Embassy to refused your visa if you are genuine applicant.

I think you are making yourself more worried If you apply a visa and have not done your annulment yet and the worst result will happen if you got your visa refused is you wasted time, money etc.

[aromulus]

Very good advice from the members and Admin, here.

I agree with them 100%.

Get the anulment sorted before you apply for anything at all.
Only this way you will be able to guarantee yourself a successful outcome at a later stage.

[andypaul]

If your Children will be looked after well by their grandparents and families. I think it is better for them to be in Phill in familar surroundings.

Many families have done it and i know of one guy whose part of the big family gatherings we have in phill in my Wifes town who is my age and his mother did the same when he is young and he is fine about it.

When he visted the UK when a little older he was amazed at how different the kids in the UK are and realised it would have been a tough adaptation for him.

[japonica]

Thanks Andypaul for your reply.

[japonica]

thank you ladyj and aromulous for your reply.

[Pepe n Pilar]

Hi Japonica get your annulment sorted out first before applying for a fiancee visa. Though it was indicated on the checklist "A divorce paper/annulment if available. If not, an evidence that it has started", they still want the paper itself. So be patient, wait for your final decree. Good luck.

[japonica]

I just wondered if anyone here got a successful fiancee visa application even she has not get the finality of her annulment. I could go to UK in visit visa but we just thought that applying for a fiancee visa instead of visitor visa will save much effort and money, anyway, my lawyer will be here to stand in behalf of me and we will get married in the UK as soon as the decree issued.
Thanks.

[IainBusby]

Hi Japonica,
I think that applying for a fiancee visa before you are free to marry is just a total waste of time and money. When a fiancee visa is issued it is on the basis that you will come to the UK and be married within 6 months. No ECO (Entry Clearance Officer) will issue a fiancee visa just on the strength of you or your lawyer saying that your annulment process is almost complete or will be complete in the very near future. That would make the success of the fiancee visa process, the purpose of which is to allow you to come to the UK and be married within 6 months, be dependant on the vagaries and quirks of the Philippine legal system. It know it may seem to you like just a technicality and a bit of a nuisance, but to an ECO in the British Embassy in Manila, it's a black or white issue with no grey areas in between. I'm sorry this is not the sort of advice you really want hear, but honestly, it's in your best interest to put this idea right out of your head.

Iain.

[japonica]

Hi Japonica,
I think that applying for a fiancee visa before you are free to marry is just a total waste of time and money. When a fiancee visa is issued it is on the basis that you will come to the UK and be married within 6 months. No ECO (Entry Clearance Officer) will issue a fiancee visa just on the strength of you or your lawyer saying that your annulment process is almost complete or will be complete in the very near future. That would make the success of the fiancee visa process, the purpose of which is to allow you to come to the UK and be married within 6 months, be dependant on the vagaries and quirks of the Philippine legal system. It know it may seem to you like just a technicality and a bit of a nuisance, but to an ECO in the British Embassy in Manila, it's a black or white issue with no grey areas in between. I'm sorry this is not the sort of advice you really want hear, but honestly, it's in your best interest to put this idea right out of your head.

Iain.

Thanks Iain for your reply.
Yes is it really frustrating. I just thought why did they put in the The Checklist No. 8( Proof of legal roceeding has been started) if they will just declined the application due to unfinished case.
Thats why I came to the idea to ask if anyone here in the forum did try to apply even the annulment has not finished yet. Somebody told me that I can apply for extension of fiancee visa if in case we have not married within 6 months in the UK. We also advice by the local Member Parliament about it that we can apply for a fiancee visa as long as we have enough evidence that I have been legally seperated and the annulment case is on going. All we wanted to be together and start our life together in England as he can not come here to the Phils very often because of his work commitments.

[kimmi]

hi Japonica,

regarding ure question, we do have some members here who tried to apply for a fiancee visa eventhough they dont have the annulment yet though there's already a legal proceeding going on and all they need is the final result. She submitted her application since last March of this year but up to now she havent got her visa because the Embassy told her they need the final decree..

It is so frustrating that the British Embassy didnt made it clear what do they really requir eon their checklist..They said it is ok to apply as long as there's a legal proceeding going on and when u lodge ur application they still wanted the final decree..

[japonica]

Hi Ms.Kimmi, thank you for your reply.
So does it means she was not refused?

[kimmi]

Her documents were still at the British Embassy and they will only processed it as long as she submitted her final decree.So it is almost 8 to 9 months now since she lodge it there wherein supposedly its only three months processing,isnt it?but still the BE seems nice to her because they gave her enough time to submit her final decree..

[japonica]

Her documents were still at the British Embassy and they will only processed it as long as she submitted her final decree.So it is almost 8 to 9 months now siince she lodge it there wherein supposedly its only three months processing,isnt it?but still the BE seems nice to her because they gave her to enough time to submit her final decree..

That means the applicant can not go anywhere until she got her passport back. That is really frustrating, isnt it?
Thanks for the info, btw.

[japonica]

Hi Ms. Kimmi,
Do you have any idea what was the status of her annulment case when she applied for a fiancee visa? Did she already testified in the court? What was the ground of her annulment? Thanks a lot.

[Pepe n Pilar]

Hi Japonica,
I applied for a fiancee visa last March 27th following what's on the checklist "an evidence that it has started". So therefore i have supplied everything like the lawyer's contract and receipts, then after a month i received a call from the visa office saying she needs the paper itself. I said i should have not filed it if they are requiring for the final decree. She told me annulment in the Phils takes ages and so as soon as i have it then submit it personally to the visa office. So i guess they have screened my documents after a month. I have sent them an e-mail last June saying if it's possible to have my passport for i wanted to apply for a toursit visa while waiting for hearings. My fiance did the same. After 2 weeks a lady from the visa office said i can get it from their office and i was asked how many months will i be away and sent an e-mail to my fiance as well. We both have decided to just wait for the finality since it will cost fortune spending for my fare going back and forth because i thought i will have at least two hearings. I'm on my 9th month and it's christmas season so it is understandable that people in the Court are having their early vacation. I rec'd a text msg that the transcript has been done and the final paper is the next step. I'm waiting for my lawyer to advise me what's next. BTW, i only had the pre-trial and after a month a trial was set but i just signed there was no hearing. I hope and pray i will have the finality very soon.

[japonica]

Hi Japonica,
I applied for a fiancee visa last March 27th following what's on the checklist "an evidence that it has started". So therefore i have supplied everything like the lawyer's contract and receipts, then after a month i received a call from the visa office saying she needs the paper itself. I said i should have not filed it if they are requiring for the final decree. She told me annulment in the Phils takes ages and so as soon as i have it then submit it personally to the visa office. So i guess they have screened my documents after a month. I have sent them an e-mail last June saying if it's possible to have my passport for i wanted to apply for a toursit visa while waiting for hearings. My fiance did the same. After 2 weeks a lady from the visa office said i can get it from their office and i was asked how many months will i be away and sent an e-mail to my fiance as well. We both have decided to just wait for the finality since it will cost fortune spending for my fare going back and forth because i thought i will have at least two hearings. I'm on my 9th month and it's christmas season so it is understandable that people in the Court are having their early vacation. I rec'd a text msg that the trascript has been done and the final paper is the next step. I'm waiting for my lawyer to advise me what's next. BTW, i only had the pre-trial and after a month a trial was set but i just signed there was no hearing. I hope and pray i will have the finality very soon.

Hi Iye,
Thanks for the info and sharing your experienced. I understand how you feel and I think we are almost in the same situation. Yes, you are right if they did not include in the Checklist No8. Then it would be a best to apply for a visit visa while waitiing for the final decree. The legal system here is sometimes very disappointing. We were going to wait until my annulment sorted out,that was our original plan, but when fiance had a chat with his local Member of the Parliament advice him that we can apply for a fiancee visa even we have not got the final decree yet. So what it said in THe Checklist No. 8 is really pointless, then. huhuhuhu...That is really frustrating. Anyway, if we waited for years and month we can wait for few months, it is worth waiting anyway, at the end of the day, at least we did the right thing according to the law and we hope that the people in the court do their job.

Thanks and I hope to chat to you sometime.

[Pepe n Pilar]

Hi Japonica, There is a new application form for the settlement/fiance visa effective Oct. 2007. [/B]. In Part 1 1.5 about status, that is new. This was not found in the application form when i filed last March 27. Divorced/dissolved partnership says your marriage/civil partnership has been legally dissolved by legal authority, usually a family court, and you have documentary evidence to this effect.

[japonica]

Hi Iye,
Yes I just noticed it. So do you think that was the reason why you have not yet got your visa? Do you think if you did not lodge your application on March this year and instead you apply after October using the new form, do you think you might get the positive result.? It looks like giving me more confident now, Iye. Cross our fingers. It is really stressfull isnt it? Anyway, it is nice to know that Im not alone in this kind of situation. Goodluck to both of us, Iye. Thanks.

[japonica]

Hi Japonica, There is a new application form for the settlement/fiance visa effective Oct. 2007. [/b]. In Part 1 1.5 about status, that is new. This was not found in the application form when i filed last March 27. Divorced/dissolved partnership says your marriage/civil partnership has been legally dissolved by legal authority, usually a family court, and you have documentary evidence to this effect.

Hi Iye,
does this means, my answer to that question should be " Dissolved partnership or Seperated"? That was quite confusing, in the guidenote it says that if Dissolved Partnership means marriage has been dissolved by legal authority usually a family court and should have documentary evidence. While the" Seperated" means no longer live as a couple, but have not finalised divorced proceedings to terminate the marriage.
What do you think is the best answer to our civil status? Thanks.

[Pepe n Pilar]

Hi Japonica, I prefer to annul my marriage so i can get married again unlike if you're separated. If your marriage is annuled then you can have the CENOMAR from the NSO. It is clear that "separated" means no longer live as a couple, but have not finalized divorce proceedings to terminate the marriage. So therefore, you can't marry yet since the marriage is not yet terminated. Read between the lines.
Your status at the moment is "separated". You're in the process of waiting for the decree right? So you're status is still separated but once you have that final decree then your status is annuled.
Legally disolved by legal authority refers to divorce (we don't have divorce here so we call it annulment).
If you decide to file for a fiancee visa which means you're getting married hence the visa and your status is separated then how can you get married when you're in the UK?
Hope this helps. Good luck!

[Pepe n Pilar]

Hi Iye,
Yes I just noticed it. So do you think that was the reason why you have not yet got your visa? Do you think if you did not lodge your application on March this year and instead you apply after October using the new form, do you think you might get the positive result.? It looks like giving me more confident now, Iye. Cross our fingers. It is really stressfull isnt it? Anyway, it is nice to know that Im not alone in this kind of situation. Goodluck to both of us, Iye. Thanks.

It's ok if i don't have my visa yet, i understand.
If i have applied using the new forms and i have my final decree shall i have the positive results? Well, who can tell the future?, there is always room for hope.
As to results, i may say it depends on the situation on the grounds of annulment.
Yes good luck to both of us...

[cinmickey28]

Hello Japonica,

I lodge my application July of this year, then received my annulment decision after 2 weeks of submission. I was waiting for the decision until after 2 months had passed we made a follow up at the Embassy and have known that my application will be likely to be decline because they wanted the decree.

We are then in panic to follow up for my certificate of finality but it seems time was not bearing with us. The clerk of court was on leave, they move to a new office and lots of delays. I got my certificate of finality after a month. We write again to the Embassy and glad that they bear with us after emails and calls. Just after a day we supplied them my lacking document our visa is granted.

But really the best thing to do is wait for the decree. Good Luck to you.

[japonica]

Hi Cinmickey,
Thanks for your reply. Now I see the point why the Embassy included that checklist No.8. It is clear to give a chance to those applicants like in your situation when you applied for your visa. So it means that if the annulment is almost on its finality, it is ok to lodge the application.
But sad to think that our legal system is quite slow, especially now its almost holiday season and January ist likely the court are going to do their inventory of cases.
Thanks for sharing your experience, it is a big encouragement for us whose on this kind of siatution to know that you have a successful application after of long waiting. I hope you`re doing fine there and having the time of your life with your family in the UK. God bless.

Hi Iye,
Thanks, yes goodluck to us. I believed we will have our visa in no time, everything will fall into its place for those who patiently wait. It is our patient that being tested here. You know, every sunset, I just whispered that another one day less of waiting to be together. If Im not mistaken, you have been to the UK before, at least you have seen already the place where you going to. Thanks again and goodluck.

[Pepe n Pilar]

Hi Cinmickey28,
So after a day of submission of the final decree your visa was released! that's so fast!.... Another hope for me...

Hi Japonica,
Yes i agree with you our patience is being tested in here.
I've been to the UK last year and was so grateful to have seen that wonderful country. I know what to expect more or less i guess.

[japonica]

Hi Cinmickey28,
So after a day of submission of the final decree your visa was released! that's so fast!.... Another hope for me...

Hi Japonica,
Yes i agree with you our patience is being tested in here.
I've been to the UK last year and was so grateful to have seen that wonderful country. I know what to expect more or less i guess.

Yes, Cinmickey`s experienced is truly a big encouragements to us.

Iye,
I hope you do not mind me ask you, where in UK did you live?

[cinmickey28]

Yes Iye our visa was granted right after the day I submitted my decree and that is with out interview at the Embassy.

In fact, I have known that they are working on our papers as they called me twice as they cant find my original birth certificate. They advise to send my lacking document by fax as it is faster than post. I think it is best really to communicate with them also. I just arrived here in the U.K last Monday (3rd Dec).

Good Lucke itsme_iye and japonica. You will make it too.