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.
Province/Country relating to question : Philippines
Discussion with woman's English brother-in-law who has expressed concern that the new family visa might be refused as the last visit was only last year and that non-disclosure of the relationship might blight a future fiancee visa. he has suggested that there might be a wait of five years for a new visa application
Hi, 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. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question. If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”. Kind regards,Tom
BA (Hons), PgDip, Practising Solicitor
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