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Immigration directorate instructions last updated Nov 6 2014

Discussion in 'UK Visa and Immigration Help' started by Timmers, Feb 1, 2015.

  1. Timmers
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    Timmers Well-Known Member Trusted Member

    Below is a link to a wealth of UK Government documentation that will help with a Spouse/Fiancee visa application, it gives details of what and what is not acceptable to submit, certainly a one stop call for anyone who is on the visa application road.

    https://www.gov.uk/government/publications/chapter-8-appendix-fm-family-members

    I now have learned why my Wife's Philippine annulment documents were sent to the GRO (General Registrar Office) for further evaluation when we were giving notice to marry. The documents in the above link are a directive for UKVI Case Workers.

    I suppose one of the good things about the UK, is that all documents must be made public :)
    Last edited: Feb 1, 2015
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  2. bigmac
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    bigmac Well-Known Member Trusted Member

    thanks for putting that up timmers--ive whizzed through it. you know my circumstances---and i still dont know if the fact that my fiancee was divorced in the UK means she is now free to marry me here. ( she is still waiting for annulment in the filis ).

    i suppose the only way to find out is to cough up the £900 and submit a fiancee visa application. its a 50 / 50 chance.
  3. Timmers
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    Timmers Well-Known Member Trusted Member

    Thinking about it logically, if your loved one has a Decree Absolute which was granted in the UK then there is no reason you couldn't marry, is there?

    I assume (that horrible word) that submitting the UK Decree Absolute in the visa application would suffice as you are applying to the country where the Decree Absolute was granted anyway.

    Or am I missing something here?
  4. bigmac
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    bigmac Well-Known Member Trusted Member

    Or am I missing something here?

    well----it must be extremely rare for a filipina--married in the filis---to be able to get a divorce in the UK--right-?--which she has--ive seen it--dercree absolute ( 5 years separation ). she applied for annulment--dec 2013--whilst here---to be on the safe side. that cost me 2 grand.

    just this gray area whether UKVI will still want some sort of proof of her being single again in her home country. i know we could marry in---say Hong Kong---but the same question arises. if only someone had already done it !
  5. Timmers
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    Timmers Well-Known Member Trusted Member

    I do not think the UKVI are concerned about her being single in the Philippines, the reason I say that is because I was told at the Registry of Births and Marriages that our marriage may not be recognised in the Philippines (because of her annulment), so that would tell us that they are not concerned about what they may think in the Philippines. I suppose at the end of the day they are looking for your future wife to be single under British Law and able to marry under British Law.

    What do you think bigmac?
  6. bigmac
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    bigmac Well-Known Member Trusted Member

    i am very tempted to go for it--this delay is seriously pi55ing me off.
  7. bigmac
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    bigmac Well-Known Member Trusted Member

    this is the bit that might cause us probs --section 2:

    was there anything in the law of either party's country of domicile (at the time of the marriage) that restricted his/her freedom to enter the marriage?

    i know this relates to a marriage in another country-----but i just wonder if the UKVI will use this as an excuse to refuse visa ?
  8. Timmers
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    Timmers Well-Known Member Trusted Member

    If I was in your position I would go for it as well bigmac.

    I look at like this, your loved one has a Decree Absolute from the UK, exactly the same document as I submitted to show the UKVI that I was free to marry in our Fiancée visa application. At the Registry Office I again showed the same document so I had permission to marry.

    The visa fee is just over a £1000, your loved one could make that in a couple of weeks working, definitely consider it, at least you will know the result in a couple of months. Just go through the visa application with a fine tooth comb and see if there is anything there that may trip you up relating to previous marriage and so on.

    You've waited long enough for the annulment decision.
  9. Timmers
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    Timmers Well-Known Member Trusted Member

    Did the missus come to the UK and marry an English chap or marry a Filipino?
  10. bigmac
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    bigmac Well-Known Member Trusted Member

    she was already married to a filipino --in the filis--years before she came here on a student visa. had been apart for 5 years+ when she filed for divorce here. but everything i read ---on the other forum--said her UK divorce counted for--nothing--in the filis
  11. Timmers
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    Timmers Well-Known Member Trusted Member

    It counts for nothing in the Philippines but surely it counts for something in the UK where she obtained the decree absolute. In British law a Decree Absolute leaves you free to marry, doesn't matter that yours and mine marriages will not be recognised in the Philippines.

    She will be applying to the British UKVI with a British Decree Absolute, definitely warrants a little research although I feel you will have already done that and found it frustratingly difficult to get any concrete evidence that supports your case.
  12. bigmac
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    bigmac Well-Known Member Trusted Member

    but will she still need some documents from the filis to say she is single--like a CENOMAR or similar ?
  13. Timmers
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    Timmers Well-Known Member Trusted Member

    You're right bigmac she does, its something similar to a CENOMAR I now remember the wife saying about it, I think that may just have ****** on our fireworks somewhat.
  14. bigmac
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    bigmac Well-Known Member Trusted Member

    i'm not sure if she still does need that--in view of having a UK divorce--means she IS single here---after all--if she were still here on her old student visa we could have got married already.

    if only someone reading this had been there---done that

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