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my Pinay Mrs getting spousal visa

Discussion in 'British Filipino Suggestion Box' started by mommy_oo, Sep 25, 2016.

  1. mommy_oo
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    mommy_oo New Member

    I'm the English husband of mommy oo & we're struggling to get a uk visa for my wife. Originally an overstayer & witbout success here, we're thinking of going home & applying from Phil. Can anyone advise on any potential problems in getting a spousal visa for her in phil? She's divorced from her ex husband & married to me in the uk, have our own house and i earn more than required but, no phil annulment from her ex. All advices welcome. thank you - Daddy oo
  2. Maharg
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    Maharg Well-Known Member Trusted Member

    Am I reading this correctly? She is here in the uk but has overstayed? And you are married even though her previous marriage hasn't been annulled yet?

    Is that correct?
  3. mommy_oo
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    mommy_oo New Member

    Thats correct. Divorced from her phil husband in the uk and married to me, but not in the phil.
  4. Anon04576
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    Anon04576 Well-Known Member

    He does say divorced so maybe her last marriage wasnt in Pinas
  5. mommy_oo
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    mommy_oo New Member

    She is still married in the phil (thats where she was originally married),though she has divorced him in the uk, then we married in the uk.
  6. Maharg
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    Maharg Well-Known Member Trusted Member

    I think more detail is needed.

    What reasons are given for not being granted a visa? Is she in the UK without a visa?
  7. bigmac
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    bigmac Well-Known Member Trusted Member

    my ( now ) wife filed for divorce from her filipino husband when she was living here in the UK--in 2012. ( she was on a student visa at the time ).

    but she also got an annulment when she returned to the philippines---as we thought the CFO would not give her a certificate if she was still married in the filis.

    so--i think that could be a problem for your wife--as technically shes now a bigamist in the filis.
  8. mommy_oo
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    mommy_oo New Member

    Any thoughts?
  9. Anon04576
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    Anon04576 Well-Known Member

    Im not 100% sure if its correct but Id have to agree with Bigmac. Also if you go back with your wife you could potentially be in trouble.
  10. mommy_oo
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    mommy_oo New Member

    No current visa here the HO have dismissed her case withiut the right to appeal, though we may make a new application from here as I understand we meet all requirements other than the fact she iriginally overstayed. We were hoping that by going to the phil it would be straight forward as she has her uk divorce papers and marriage certificate to me.
  11. bigmac
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    bigmac Well-Known Member Trusted Member

    you have 2 separate issues. i think she will have to get her marriage annulled before you even think of applying for a spouse visa.---not because of problems with the visa app--but with the CFO.

    as regards her previous overstay--what sort of visa was did she have then ? did she leave voluntarily--or was she deported ?
  12. mommy_oo
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    mommy_oo New Member

    She came as a tourist 10 years ago and has stayed since trying to sort this out from here.
  13. bigmac
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    bigmac Well-Known Member Trusted Member

    so--are you saying the HO found out she overstayed--and that why they have already refused a spouse visa ?
  14. mommy_oo
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    mommy_oo New Member

    Hi bigmac. She hasnt applied yet for spousal, we tried the descritionary leave last time but might re apply again the flr app. from here..thanx for all your advice, tom will gonna have a meeting to our solicitor..any suggestions are welcome.
  15. bigmac
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    bigmac Well-Known Member Trusted Member

    you cant apply for flr untill she has held a spouse visa for 30 months.

    did she leave the uk of her own free will? and how long did she overstay for ?
  16. bigmac
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    bigmac Well-Known Member Trusted Member

    how did you get married here in the UK if she only had a visit visa ? sorry--its not allowed.
  17. mommy_oo
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    mommy_oo New Member

    She is divorced frm here..HO allowed us(now adays in marriage registration not english partner need HO approval for £40),no interview,they knew the story. So after 70 days we proceed but still not successful with the app under human rights section 8..i dont know we are exhausted..so complicated.thanx for you time.
  18. Timmers
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    Timmers Well-Known Member Trusted Member

    I suggest you seek professional immigration advice as your situation is a complete mess and needs unravelling bit by bit by someone who knows immigration law and can offer you reassurances to get it sorted out in a satisfactory way.
    • Like Like x 1
  19. mommy_oo
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    mommy_oo New Member

    Thanks Timmer & to other members here who responded..and tom i will have a meeting to our solicitor..just incase i need good lawyer in Phil for annulment.any advise will be great..and roughly how much and how long thanx..i'll be back .
  20. Timmers
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    Timmers Well-Known Member Trusted Member

    I wish you luck mommy_oo if you need specific advice on annulment in the Philippines there are one or two of us on the forum who have been through it and can probably give you some pointers.

    I think you need advice from a immigration advisor in the UK to help you understand where you stand and the best way to move forward to achieve your goal of living legally with your wife in the UK.

    Good luck.

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