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Problem with legal capacity

Discussion in 'UK Visa and Immigration Help' started by ad4ms3, Jul 24, 2012.

  1. ad4ms3
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    ad4ms3 Member

    Hello there :)
    I was very happy to marry the woman i truly love.. Our dreams have been shattered cause there is no authority in Philippines that can issue a legal capacity (I'm polish, I was told over the phone in polish consulate in Philippines that they can't issue such document and the nearest one is in Kuala Lumpur, but then again... how long it will take to issue). I thought that legal capacity issued here in polish consulate in the UK will be valid. Nope.. No City Hall would accept it. So far the the best advice was to bring it to the Department of Foreigner Affairs in Pasay City but it means waiting forever for an approval (or whatever they' re gonna do). I would appreciate any advice that can help us sort this problem.. Cause I am seriously start thinking of getting UK fiancee visa for Lyn...Thanks.
    If fiancee visa will be the only one option how much saving should I have for an application to be approved?
    Last edited: Jul 24, 2012
  2. Kuya
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    Kuya The Geeky One Staff Member

    As a polish citizen you should simply apply for an EEA family permit and not a spouse visa!

    http://www.ukba.homeoffice.gov.uk/eucitizens/eea-family-permit/

    My marriage certificate took 3 months to get issued, that is roughly how long you have to wait if you got married in the Philippines, from that point you then have "legal capacity"..
  3. ad4ms3
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    ad4ms3 Member

    Thank you for reply! Im afraid my post was a bit confusing so I will explain again (perhaps i used wrong terminology).. one of the requirements to be able to get married in Philippines is my certificate of no marriage (as far as I am aware it is called Legal Capacity or cenomar). I contacted several city halls in Manila and I was told that such certificate must be obtained from local embassy or consulate of my country which is very frustraiting as nearest polish consulate that can issue certificate of no marriage is in Malaysia. Polish consulate in Manila according to its representative will not issue such document and as mentioned above I was told to contact polish embassy in Malaysia. So I am wondering whether such certificate obtained in polish consulate in Manchester or London will still be accepted there?
    I cannot be in Philippines for more than 3 weeks cause of my work so we all hoping to sort everything out within this time... Thank you
  4. Kuya
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    Kuya The Geeky One Staff Member

    I don't think so, as it needs to be produced in a way that is a legal notice under Philippine law. But I say I don't think.. I am not quoting from fact!

    Though I am shocked that the embassy in Manila won't help you!

    Though if I were you, I would speak with the British based Polish embassy and see what they say.
  5. ad4ms3
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    ad4ms3 Member

    Another option is marriage in my country or fiancee visa. My mahal will accept every decision if marriage in Philippines is not be possible..
    What do you mean by British based Polish embassy?
    By the way.. I am wondering whether Embassy of Philippines in London will be able to convert that certificate to meet requirements of Philippine law?
    Last edited: Jul 24, 2012
  6. Kuya
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    Kuya The Geeky One Staff Member

  7. ad4ms3
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    ad4ms3 Member

    Certificate of no marriage can be obtained there as well including for those who wish to marry in another country. But then again.. will city hall in Philippines accept this document? I am going to call polish embassy if it meets requirements of Philippine law..
  8. ad4ms3
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    ad4ms3 Member

    I searched online and found out that many Poles have complained that polish consulate in Philippines is pointless they don't help at all. Polish consulate exists there only for the economic reasons and any query must obtained from embassy in Kuala Lumpur. It means i will have no choice but to go there if polish embassy in London won't be able to issue certificate I need..
  9. Manila_Paul
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    Manila_Paul Member

    Roughly about £2,000 but if you can show you're not living beyond your means and would be capable of supporting another person (can't work for 6 months on the fiance visa) then you could get away without having £2,000 IMO. The bigger problem, for most people, will be meeting the minimum income requirements.

    That is a tough one on only having a small consulate and not an embassy. There must be something that can be issued to allow you to marry in the Philippines? I would try getting your mahal to ask at DFO if anything can be done to speed things up and/or not requiring your attendance. Unlikely it would be possible but worth a go.
  10. ad4ms3
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    ad4ms3 Member

    What is the minimum income? I wouldn't have a problem with supporting her (including outings) but I am afraid that figures on my last p60 might not be high enough..
    Another option is marriage in my country instead. There is a Philippine embassy in Warsaw which makes things much, much easier and cheaper. I know how much she wants us to get married in Philippines but I am happy she understands and accepts it might not be possible for us to get married there. Tomorrow I am going to find out whether polish embassy in London can issue a certificate that will be valid in Philippines.
    Last edited: Jul 24, 2012
  11. Manila_Paul
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    Manila_Paul Member

    It is circa £18,600 a year if she has no children. Although you can make that up through (considerable) savings, ie 16k plus. No need for the P60, as such. You just need to have earned it in the last 6 months. IIRC, overtime is included. It is fairly flexible, by my reading of it.
  12. ad4ms3
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    ad4ms3 Member

    It shouldn't be a problem :) thanks!
  13. ad4ms3
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    ad4ms3 Member

    Problem is sorted.. My mahal was told in the city hall that if I cannot provide a certificate that meets requirements of Philippine law I should take one from my country (translated). They have special "package" for foreigners that costs 15k and sorts all the documents out. Much cheaper than going to Kuala Lumpur...
    British based Philippine embassy adviced me to take legal capacity to the polish based embassy as they will authenticate the document. I have flight next week :)
    Last edited: Aug 14, 2012
  14. ad4ms3
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    ad4ms3 Member

    I came back last week with all documents required in Philippines. 2 hrs flight, overnight train to Warsaw, taxis to Ministry of Foreign Affairs and finally Philippine Embassy. All done:) Reaction on my Mahal when she has seen all the documents - priceless :)

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