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she is on spouse dependant visa.
the husband does not know of our situation. communication is minimal.
however if there is an option that may involve his involvment we would like to knwo about it.
he is a UK resident
and UK national if thats clearer
1 year to date (married in february 2011)
Clair you assisstance is much appreciated, however in order to gain what i need out of this process, i'd like to refer you back to my original questions. i have stated in bold my take from your response plus questions relevant to your answer and my original question.
Once this has been covered i can accept your response.
1. What happens if he applies for divorce and what options do we have to remain together in the country?
she will have to return home and re-apply for residence as my fiancee/partner?2. How long do they have to be married for before she can divorce and remain in the country?
1 year, however if they divorce she will have to return home prior to use being able to re-marry?3. What option at this point are avialble to apply for and stay in the UK on her own right?
this doesnt appear to be answered? i assume this would fall under a normal VISA application?4. Can they divorce their existing husband and re-marry and obtain the necessary residence?
Yes but she would have to return home and then re-apply as my partner? However same sex marriage is not valid in Philippines.
Could we Marry/civil union in the UK before she departs and then re-apply, would this be seen as a legal partnership if she was not a legal resident of the UK on the date of marraige? this would enable her to return home complete paperwork, get approved (exluding any other complications) and then return? or would the marraige be seen as void due to her UK VISA status at the time (Void)?
5. After two years of marraige do they get indefinate right to remain, if so what are the conditions to this? for example do they have to remain married to their existing husband, and if they divorce does all their existing rights to remain in the UK become defunct?
From your answer, the best way forward is.....
try to obtain her partners assisstance, obtain her indefinate right to remain and then execute the divorce... from this point she will:
have the right to remain in the UK on her own right without marrying me?
We will be free to marry at our own will?
Claire, this is excellent appart from the point No.5. i appreciate the list of rules and regs i will view these in course but i need to be 100% clear on what your suggesting. from our conversation i have assumed the following best course of action:
to clarify the final point (No.5):
the best course of action is to reach an agreement with her existing husband, stay with him until two years of marraige then (with his support) apply for indefinate right to remain.
From this point forward apply for a divorce with him, once this has been implemented she will:
1. be able to leave and return to the UK at her own will without restriction (you do not need to go into every detail but please indicate if there would be signifcant terms and conditions to this).
2. we will be free to marry in our own time.
your response to this last point didnt come across 100% of seemed like there may be conditions i should be aware of?
if you can respond to this final point (yes your correct or no your not) highlight areas that would require you more time to understand or for me investigate more.
many thanks in advance and many thanks for your help
further can you recommend a good employment lawyer specialising in restricted covenance?
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