Partner Visa - While girlfriend is married to someone abroad (Separated not legally)

[1996noto]

My girlfriend and I live together, and she is on a Student Visa until 2024, whereby she is doing a PHD.
She is married to a man in the Philippines, but they are separated and have been since she moved here in Jan 2020. You cannot get a divorce in the Philipines, and her moving back could mean she would be prosecuted for adultery.

We have considered the following Visas:
1) Partner Visa (Unmarried) - We could have good evidence of our long-lasting relationship because at the moment we have a close relationship, and live together - paying bills together etc.

However, the one clause in the Immigration Rules says to me that this would not be possible since she is married. Here is the clause:

(ii) any previous marriage or civil partnership (or similar relationship) by either partner has permanently broken down;

Does this mean there is no way around this since the Philippines is the only country in the world that doesn't allow divorce? Could there is a clause that gives up exceptional circumstances, such as:

(b) it is evident from the information provided by the applicant that there are exceptional circumstances which could render refusal of entry clearance or leave to remain a breach of Article 8 of the European Convention on Human Rights, because such refusal could result in unjustifiably harsh consequences for the applicant, their partner or a relevant child;

Because potentially my partner could go to prison since she is pregnant with a child outside of marriage?
The resultant imprisonment might mean our child would suffer more.

Please let me know your thoughts on this Visa method.

[manci]

You cannot get a divorce in the Philipines

https://www.loc.gov/item/global-legal-m ... or-debate/

[Obie]

You need to tread carefully as well, under British nationality law, the father of a child is the man that the mother is married to at the time of the child's birth.

[secret.simon]

You need to tread carefully as well, under British nationality law, the father of a child is the man that the mother is married to at the time of the child's birth.

That is a good point. That means that the child will not be a British citizen, as its father will be the current husband of your girlfriend.

[1996noto]

You need to tread carefully as well, under British nationality law, the father of a child is the man that the mother is married to at the time of the child's birth.

Can you provide a source for this information because I can't find a definitive answer?

Kind regards

[1996noto]

You need to tread carefully as well, under British nationality law, the father of a child is the man that the mother is married to at the time of the child's birth.

That is a good point. That means that the child will not be a British citizen, as its father will be the current husband of your girlfriend.

Can you provide a source for this information because I can't find a definitive answer? (I've also asked the other poster)

Kind regards

[manci]

from https://assets.publishing.service.gov.u ... v3-ext.pdf

• a child can acquire citizenship through an unmarried father, if satisfactory evidence of paternity can be provided
• the mother’s husband is the father for nationality purposes, even if it is established that he is not biologically related to the child

[Obie]

See section 50(9A)

[secret.simon]

Obie has linked directly to the specific provision of law on this point.

I'd just point out that nationality law (and indeed other categories of law) can have their own unique and different set of definitions for the same point/topic/person.

So it is likely that the child will not be a British citizen as the mother is married to a non-British citizen at the time of the child's birth, but that you may be responsible for the child for child maintenance and other purposes, etc.

from https://assets.publishing.service.gov.u ... v3-ext.pdf

• a child can acquire citizenship through an unmarried father, if satisfactory evidence of paternity can be provided
• the mother’s husband is the father for nationality purposes, even if it is established that he is not biologically related to the child

They should clarify the first point by continuing ", provided the mother is not married at the time of the birth of the child".

[Obie]

If his name is on the birth certificate, then yes he will be liable for child maintenance, irrespective of the position relating to nationality law.

[1996noto]

Obie has linked directly to the specific provision of law on this point.

I'd just point out that nationality law (and indeed other categories of law) can have their own unique and different set of definitions for the same point/topic/person.

So it is likely that the child will not be a British citizen as the mother is married to a non-British citizen at the time of the child's birth, but that you may be responsible for the child for child maintenance and other purposes, etc.

from https://assets.publishing.service.gov.u ... v3-ext.pdf

• a child can acquire citizenship through an unmarried father, if satisfactory evidence of paternity can be provided
• the mother’s husband is the father for nationality purposes, even if it is established that he is not biologically related to the child

They should clarify the first point by continuing ", provided the mother is not married at the time of the birth of the child".

Thanks for this information, I had the feeling this was the case too, unfortunately. It does seem our child would not be a British citizen. I
However, I think it is possible to apply for Britizen citizenship for free?
https://www.gov.uk/government/publicati ... m-guidance
The above link provides guidance on a person who "would have become a British citizen automatically if your mother had not been married to someone other than your natural (biological) father"
Do you know if any reason why I could not submit that application on behalf of the child?

Thanks again

[Obie]

Indeed UKF(M), appears to be a remedy, but the child will only qualify for discretionary registration under section 3(1).

[1996noto]

We are trying to secure a partner Visa for my girlfriend, who is married but separated.

Part of the criteria is that we must: "Previous relationship has broken down permanently"

This is from: "Family life (as a partner or parent), private life and exceptional circumstances
Version 15.0", page 26.

Within the next few line it states:
"When considering paragraph E-ECP.2.9.(ii), you must be satisfied that neither the
applicant nor their partner is married to, or in a civil partnership with, another person
at the date of an application for entry clearance as a fiancé, fiancée or proposed civil
partner under Appendix FM."

Which seems to me that our application would be impossible while my girlfriend is still married.

However, the document seemingly contradicts itself (See lines below), unless I am missing something?


Where the marriage or civil partnership of the applicant or their sponsor to a previous
partner has not been legally dissolved, the applicant may still be able to qualify under
Appendix FM as an unmarried partner or same sex partner, provided that they meet
the criteria set out in paragraph GEN.1.2. and they provide evidence that the new
relationship is genuine and subsisting and that the previous relationship has broken
down permanently.

My question then is when constitutes as evidence that her relationship has broken down permanently as there seems to be no guidance on this issue?

Document referenced: https://assets.publishing.service.gov.u ... tances.pdf