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  1. #1
    Respected Member Peanutz's Avatar
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    Quote Originally Posted by andypaul View Post
    Although technically if the marriage is ended then the wife should go straight back.
    But im sure Carmen would find it hard to just fly back unless she has savings.
    If you need to work to save the money to get home its highly unlikely unless your husband or someone else complains very loudly to the visa people anyone will come round to put carmen on a plane.
    if you do have difficulty getting back i know the goverment did offer help for those who had overstayed to go back, not sure how it works but maybe worth looking into if your stuck for a way home.
    I don't understand... What are the rights of a spouse? If I got married with a British citizen what rights will I have in British Civil law?

    Ok in this case, she is in UK with a spouse visa for two years, now things are not going well with her husband, what rights do she have? She doesn't have the rights to remain in UK being married from a UK citizen? She can't practice any rights for being a spouse of a UK citizen? even she is in a provisional spouse visa?
    I should research this.


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    andypaul's Avatar
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    Quote Originally Posted by Peanutz View Post
    I don't understand... What are the rights of a spouse? If I got married with a British citizen what rights will I have in British Civil law?

    Ok in this case, she is in UK with a spouse visa for two years, now things are not going well with her husband, what rights do she have? She doesn't have the rights to remain in UK being married from a UK citizen? She can't practice any rights for being a spouse of a UK citizen? even she is in a provisional spouse visa?
    I should research this.
    If treated badly i think like Joebloggs wrote you may have right to stay in the Uk.
    But if you both just split up, well in the eyes of the law you were only here to be with your spouse. But unless the goverment start taking notice of you big time i think it unlikely you would need to go back untill your spouse visa run out.
    Sounds tough but seems to be basiclaly the gist of it from what i see.

    If you don't have ILR thats is, if you have ILR well you have the right to remain married or not.


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    Respected Member Peanutz's Avatar
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    Quote Originally Posted by andypaul View Post
    If treated badly i think like Joebloggs wrote you may have right to stay in the Uk.
    But if you both just split up, well in the eyes of the law you were only here to be with your spouse. But unless the goverment start taking notice of you big time i think it unlikely you would need to go back untill your spouse visa run out.
    Sounds tough but seems to be basiclaly the gist of it from what i see.

    If you don't have ILR thats is, if you have ILR well you have the right to remain married or not.
    What I mean to say is, a foreigner wife doesn't aquire any equal rights as all UK citizen wife?
    I mean she doesn't aquire it automatically? not unless she become a UK citizen...sounds a little bit confusing to me, I don't know much about the UK family code but I think I will do a further research about it.


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    andypaul's Avatar
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    Quote Originally Posted by Peanutz View Post
    What I mean to say is, a foreigner wife doesn't aquire any equal rights as all UK citizen wife?
    I mean she doesn't aquire it automatically? not unless she become a UK citizen...sounds a little bit confusing to me, I don't know much about the UK family code but I think I will do a further research about it.

    Well from what i see if the person is a resident with the right to remain in big divorce cases or ones i hear about locally they are the same as two british citzens. The spouse visa holders is a bit of a grey area and you would need to define "rights" a bit more.

    There are many people who are ilr holders and never become citzens and as far as i can see they have the same rights legally apart from holding a british passport which makes traveling abroad easier sometimes.

    Do remeber in the UK the partner who earns less or has less assets can claim off the other not always the husband gives to the wife.

    Basically treated a lot better than a brit would be by the Phill goverment in the same situation i would guess.


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    Respected Member Peanutz's Avatar
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    Quote Originally Posted by andypaul View Post
    Well from what i see if the person is a resident with the right to remain in big divorce cases or ones i hear about locally they are the same as two british citzens. The spouse visa holders is a bit of a grey area and you would need to define "rights" a bit more.

    There are many people who are ilr holders and never become citzens and as far as i can see they have the same rights legally apart from holding a british passport which makes traveling abroad easier sometimes.

    Do remeber in the UK the partner who earns less or has less assets can claim off the other not always the husband gives to the wife.

    Basically treated a lot better than a brit would be by the Phill goverment in the same situation i would guess.
    Holding a British passport makes travelling abroad a lot more easier, to claim assets between a divorcing couple is quite an intrinsic matter. The grounds on divorce are more complicated than investigating a crime, I guess...

    Anyway, I hope not to encounter that kind of problem in all my life ever!


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    Moderator joebloggs's Avatar
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    you have to remember ILR can be revoked !!!! for a number of reasons. if your out of the uk for 2 years for one. also whats going to happen in the future with immigration law, next year the gov are going to simplify immigration law.


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    andypaul's Avatar
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    Quote Originally Posted by Peanutz View Post
    I don't understand... What are the rights of a spouse? If I got married with a British citizen what rights will I have in British Civil law?

    Ok in this case, she is in UK with a spouse visa for two years, now things are not going well with her husband, what rights do she have? She doesn't have the rights to remain in UK being married from a UK citizen? She can't practice any rights for being a spouse of a UK citizen? even she is in a provisional spouse visa?
    I should research this.
    Just nosey

    Surely if you have lived in italy for 20 years you have Itailan citzenship or can apply for it? then if EU citzen its a fairly simple process compared to being a phill citzen.


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    Respected Member Peanutz's Avatar
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    Quote Originally Posted by andypaul View Post
    Just nosey

    Surely if you have lived in italy for 20 years you have Itailan citzenship or can apply for it? then if EU citzen its a fairly simple process compared to being a phill citzen.
    Actually I was about to apply my citizenship before meeting my fiancè (have thought about it a long time ago but as you also know processing all documents needs time and money), I am living here as a permanent resident I can stay here whenever I want and now I am blaming me self for not applying it a long time ago (I am hearing my mom voice), anyway I have not had felt the need of being an Italian citizen even if I work for the Italian Government. Sigh* I know that it would be much easier if I did it a long time ago, but you never think of this things until you have to deal with it.


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    andypaul's Avatar
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    Quote Originally Posted by Peanutz View Post
    Actually I was about to apply my citizenship before meeting my fiancè (have thought about it a long time ago but as you also know processing all documents needs time and money), I am living here as a permanent resident I can stay here whenever I want and now I am blaming me self for not applying it a long time ago (I am hearing my mom voice), anyway I have not had felt the need of being an Italian citizen even if I work for the Italian Government. Sigh* I know that it would be much easier if I did it a long time ago, but you never think of this things until you have to deal with it.
    I understand what you mean but its a good lesson for us all. It would be easy for my wife to gain ilr and leave citzenship for a few years. But how that might affect our future who knows.
    Hope all goes well maybe you can get tri citzenship brit, italia and pinay (be intresting to know if you can)


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    Respected Member Peanutz's Avatar
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    Quote Originally Posted by andypaul View Post
    I understand what you mean but its a good lesson for us all. It would be easy for my wife to gain ilr and leave citzenship for a few years. But how that might affect our future who knows.
    Hope all goes well maybe you can get tri citzenship brit, italia and pinay (be intresting to know if you can)
    To attain an Italian citizenship it will take two years before they approved it, and I think your wife should get her British citizenship cause it would be a lot easier to travel, I have not traveled much lately in countries where I am subject to obtain a visa (last year I just traveled to UK and here and I obtained a 6 month visitor visa in just a week). I don't know if a tri citizenship is allowed in Pi-It-Uk government, anyway I will let you know if it's possible!


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