How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: UK Immigration Law
Satisfied Customers: 27825
Experience:  25 years hight street experience
Type Your UK Immigration Law Question Here...
Clare is online now
A new question is answered every 9 seconds

Background i am presently in a relationship with Filipino

Resolved Question:

Background

i am presently in a relationship with Filipino who married previously to enable her to stay in the country. We haveer been together for 1yr and 1month. She came to the UK on a NHS student visa, completed here BSc in Nursing, at which point she married another man (prior to meeting me) and stayed in the country through this marraige. It was after this we met and have developed our relationship.

Over the last year their relationship has become defunct whilst our relationship has continued, needless to say this causes comlications. As such we seeking answers to the following scenarious:

1. What happens if he applies for divorce and what options do we have to remain together in the country?

2. How long do they have to be married for before she can divorce and remain in the country?

3. What option at this point are avialble to apply for and stay in the UK on her own right?divorce

4. Can they divorce their existing husband and re-marry and obtain the necessary residence?

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?

background info:

she is legally a he/transexual.

they are BS's qualified

in full gainfull employment with the NHS

have been in the UK for three years
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Clare replied 2 years ago.
Hi
What is her current visa status?
Is she still on good terms with her husband?
Claire
Customer: replied 2 years ago.

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.

Customer: replied 2 years ago.
im sure you've figured this out but its civil partnership (same sex) also. plus anything moving forward would be same sex civil partnerships.
Expert:  Clare replied 2 years ago.
Hi
I had indeed worked it out - but still what is the visa position of her husband?
Claire
Customer: replied 2 years ago.

he is a UK resident

 

 

Customer: replied 2 years ago.

and UK national if thats clearer

Expert:  Clare replied 2 years ago.
Hi
How long has she been married?
Claire
Customer: replied 2 years ago.

1 year to date (married in february 2011)

Expert:  Clare replied 2 years ago.
Hi
There cannot be a divorce until they have been married for a year - but if a Decree Absolute is granted then the spouse visa will become invalid .
She will not be able to apply for her Indefinite leave to remain to Remain with out the support of her husband - but if he will support her then after that a divorce will not be a problem.
If there is a divorce then she will have to return home and apply for a fiancee visa to return to marry you
Claire
Customer: replied 2 years ago.

 

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?

Expert:  Clare replied 2 years ago.
Hi
1. Correct
2. Correct
Although in both cases she could immediately remarry here in the UK and apply for a new spouse visa - it is just a possible problem if she is then refused
3. My apologies - but Correct
4. See above. Provided she can apply again here - the problem is that she needs to prove that this relationship is real - harder the second time round if you understand me
5. You can find the rules here http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/settlement/
So the two years would have to start again.
Her husbands co-operation would be your best option
Claire
Customer: replied 2 years ago.

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?

Expert:  Clare replied 2 years ago.
HI
If she gets her ILR then any subsequent divorce will not effect it and she can come and go as she pleases
Claire
Clare, Solicitor
Satisfied Customers: 27825
Experience: 25 years hight street experience
Clare and other UK Immigration Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
< Last | Next >
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    793
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    782
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/AMARHAYAT/2009-12-11_31638_phpZxJuBB_c2PM.jpg A Hayat's Avatar

    A Hayat

    Immigration Solicitor

    Satisfied Customers:

    205
    13 years specialist skill in UK Immigration & Nationality Law
  • http://ww2.justanswer.com/uploads/paulrichmond1/2010-05-29_112318_PaulRichmond.jpg Paul Richmond's Avatar

    Paul Richmond

    Barrister

    Satisfied Customers:

    114
    LL.B (Hons) (First Class), LL.M (Distinction), Immigration Barrister (12 years)
  • http://ww2.justanswer.com/uploads/AW/AwanLegal/2011-6-16_113818_DSC00284.64x64.JPG Awan-Legal's Avatar

    Awan-Legal

    Solicitor

    Satisfied Customers:

    95
    Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
  • http://ww2.justanswer.com/uploads/Topadvisor/2010-5-18_221239_Me.jpg John Knox's Avatar

    John Knox

    Solicitor

    Satisfied Customers:

    19
    solicitor with 8 years experience