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Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7435
Experience:  BA (Hons), PgDip, Practising Solicitor
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I met a woman from the philippines when she was staying with

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I met a woman from the philippines when she was staying with her sister in England ( her sister is married to an Englishman). We formed a relationship but she had to go back last december after 6 months and is going through the very long winded annulment process over there. If she tries to come back to visit her sister (and me) again (she has permission from the philippine court to travel pending the annulment hearing) a) is he likely to be successful obtaining another family visitor visa and b) will it count against us if we have not declared our relationship at this time when we eventually apply for a fiancee visa? I am English.

Thanks for your question.

If you are in a relationship with her then you should not really lie and say that you're not. Ultimately, although it would be extremely difficult to prove the UKBA could hold the non-disclosure as deception and use this refuse other visa applications she might make.

It's better to disclose and mitigate. If you disclose the relationship in the family visitor's visa then the upside is that it will help in discharging the evidential burden of proving that you have 1) met and 2) are in a genuine and subsisting relationship for the purpose of proving her eligibility for a fiance visa.

Explain in a statutory declaration to be submitted with the visitor's visa that you are in a relationship but that she still requires anullment and that you both understand that she will not be able to make an application to extend the visa whilst she is in the UK visiting. You have to show that, for the time being, she has compelling reasons to return so that she will not be regarded as a risk of an overstay. If you are able to do this then she should still get the family visa and it will also assist in applying later for a fiance visa.

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Kind regards,

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