HI Geordie!! Welcome hereOriginally Posted by GEORDIE
I would suggest your partner sort out her legal issues with regards to her previous marriage first before moving on and apply for a settlement visa ...
Does your partner have a separation agreement with the ex husband?
''Don't be serious..Be Sincere''
No there is no separation agreement. I think as there is no divorce in The Phils and the annulment process is so long and protracted then I really cant see that there is much point in sorting out legal issues with her marriage.
Geordie
Very complex,as you hesitate to settle the legal issues(annulment) and you inclined to go on the next difficult one..
more questions:
1. Are you a british national?
2. You are in a relationship with your partner for 10 years and have a daughter 7years old?
3. Is your partners husband aware that you are living together for about 2years? and does he also have a new family of his own?
http://www.capitalvisas.com/UK-De-Facto-Visa.aspx
UK Unmarried Partner Visa (De Facto Visa)
The UK De Facto Visa is also known to many as UK Unmarried Partner visa and applies to applicants that have either settled status or Indefinite Leave to Remain in the UK (Please note that settled status means that a permanent resident is living here lawfully with no time limit on their stay. If you are returning to the UK to settle, your partner can also apply to join you at the same time. The relationship may be a heterosexual or a same sex, but the partners MUST not be blood related).
Unmarried Partner Visa – Benefits
A De Facto Visa / UK Unmarried Partner Visa, does not require you to be married to your partner. This is how it differs from a UK fiancé visa application which would require that your partner must join you with the express purpose of marrying, not allowing your partner to work. A successful UK unmarried partner visa application for the UK allows your partner to enter and work in the country without needing a UK work permit.
UK Unmarried Partner Visa – Duration
UK Unmarried Partner Visa's are usually issued for 2 years. After 2 years is up, the applicant can apply for Indefinite Leave to Remain (ILR) or permanent residency in the UK. On some occasions entry clearance may possibly be granted, this allows a partner to immigrate to UK on a permanent basis. Once permanent residency is granted, an applicant can become a UK citizen, this is done through British Naturalization.
UK Unmarried Partner Visa – Eligibility
A UK unmarried partner Visa applies to a relationship of the same kind to marriage. In some countries, this is a legally recognised status. Applications for unmarried partner visas must be able to provide adequate evidence that the partners have been living together in a relationship for at least 2 years.
Applicants seeking to apply for an UK unmarried partner Visa of this class must be 21 years old and above and the partner with the settled status in Britain must be 18 years old and above.
The unmarried partner visa UK applicants must be able to support themselves without access to public funds. The applicant must plan to live with their partner on a permanent basis.
Any previous marriage involving either party, must have permanently finished. Document proof may be needed for this.
''Don't be serious..Be Sincere''
Thanks Sars,
Replies to your points :-
1. Yes I'm British by descent.
2. Yes over 10 years relationship & 7 year daughter (who is registered in my name)
3. Yes husband is fully aware of the situation and he does have a new family of his own but I understand that the children by this new relationship are registered in his new partner's name.
I believe visas are issued for 27 months after which the applicant applies for ILR. You can get ILR if you have been living together for 4 years.
Not sure if you saw my follow up post on annulment but psychological incapacity (on the part of her husband) is the only grounds and he will not agree to this.
Cheers
Geordie
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