Divorce in the UK

[blessedlady89]

My friend applied a divorced in the UK and was granted, She left Manila and apply for an entry clearance.

Her visa was refused because ECO said that the divorce she obtained in the UK was not valid under the local law.

Question, if this is the case divorce should not be allowed in the first place?

She needs to file it under local law which takes ages and sometimes dismissed by the Judge.

Can she aply for unmarried partner visa?? She cohabited with his partner for 4 years (inspite of legally married to country of origin)

Thank u

[bani]

Where did she marry? In Manila? There is no divorce in the Philippines, thanks to the influence of the Catholic church. So divorce oeverseas would not be recognised there. If she were married in the Philippines, she needs to get an annulment there. Kind of a joke to annul an entire marriage, but it is the only way to do it.

http://jlp-law.com/blog/divorce-annulment-philippines/

[djb123]

If she is a filipina who married a filipino in the Philippines then there is no way she can obtain a divorce in the UK.

The rules state that "(ii) any previous marriage or civil partnership (or similar relationship) by either partner has permanently broken down; and" so it may be possible to apply for an unmarried partner visa even if she is still married to someone else. But were they living together in the UK? If so was she legally here? If she wasn't that may cause her problems going down that route.

[blessedlady89]

Yes, she was able to obtain a divorce ( there is no problem in the court, divorced was granted in 2005) in the UK and got married after obtaining the decree absolute and has a child.

If she is a filipina who married a filipino in the Philippines then there is no way she can obtain a divorce in the UK.

The rules state that "(ii) any previous marriage or civil partnership (or similar relationship) by either partner has permanently broken down; and" so it may be possible to apply for an unmarried partner visa even if she is still married to someone else. But were they living together in the UK? If so was she legally here? If she wasn't that may cause her problems going down that route.

[blessedlady89]

She is an overstayer when she applied for the divorce.

quote="blessedlady89"]Yes, she was able to obtain a divorce ( there is no problem in the court, divorced was granted in 2005) in the UK and got married after obtaining the decree absolute and has a child.

If she is a filipina who married a filipino in the Philippines then there is no way she can obtain a divorce in the UK.

The rules state that "(ii) any previous marriage or civil partnership (or similar relationship) by either partner has permanently broken down; and" so it may be possible to apply for an unmarried partner visa even if she is still married to someone else. But were they living together in the UK? If so was she legally here? If she wasn't that may cause her problems going down that route.

[/quote]

[blessedlady89]

Yes, she was able to obtain a divorce ( there is no problem in the court, divorced was granted in 2005) in the UK and got married after obtaining the decree absolute and has a child.

If she is a filipina who married a filipino in the Philippines then there is no way she can obtain a divorce in the UK.

The rules state that "(ii) any previous marriage or civil partnership (or similar relationship) by either partner has permanently broken down; and" so it may be possible to apply for an unmarried partner visa even if she is still married to someone else. But were they living together in the UK? If so was she legally here? If she wasn't that may cause her problems going down that route.

[djb123]

Someone with a very similar name to you has asked similar questions before.

http://www.immigrationboards.com/viewto ... highlight=
http://www.immigrationboards.com/viewto ... highlight=

Whatever happens she ought to apply for an annulment under the local law.

It seems like she could apply for a unmarried partner visa though that's assuming she's got enough evidence to prove that they were living together for at least 2 years. Though the fact that she was here illegally, has taken so long to sort it out, and is in fact married to her unmarried partner may complicate the application.