Please help! Urgent! Overstayer

[Witneyboi]

Looking for some pro advice! I came in the uk 2009 with 3 year student visa! June of 2010 I met my bf, he's profoundly deaf, I have learnt of British sign language from him and I'm good at it! He moved in with me in oxfordshire from Essex! We entered civil partnership march of 2011 I was 24 then. We are both 27 now.Got my 2 year spouse/civil partner probationary visa. After over a year living in oxfordshire February of 2012 we moved with my auntie in manchester until August of 2012 he decided to leave me and go back to his hometown. He broke up with me through text message.He said he fell out of love! That we completely different person! He wanted his freedom back (to be a single lad)and marriage is not for him!It was heartbreaking, I was devastated! I tried to get him back but I failed!



January of 2013 I moved back to oxfordshire to start fresh, it was difficult in first 2 months. But I tried my hardest to live on my own and to move on, unti I met this English guy who helped me to get myself back on track!told him about the story of my life, my marriage and visa, and he's very understanding. He still accepted me despite of everything! We've been living together for 18 months now and he proposed couple months ago! I'm still married to my ex partner, and my visa expired(overstayer for 14months now) we really don't know what to do!we seek legal advice. Solicitor advise was to apply for FLR O and write a covering letter explaining about filing a divorce and that I'm in a relationship with my current fiancée! We planning to get married soon divorce granted!




I'm from philippines, one of the homophobic country. it's a very religious and strict country! We don't recognise and protect same sex relationship. It's not a safest country for gay people like me! As being a gay is a Sin! We discriminate, laugh, bully and use for money.i feel my freedom impinged, restricted! I came out as gay here in UK, I'm loving it! I'm free and I'm allowed to live openly without hiding and concealing my sexual indentity. I don't want to risk my own and my bf safety if we return back home I feel not safe! I'm quite settled here in Uk, my bf is my family(I cme from broken family, I have only my mother and brother as family back home, my dad living with his new family abroad)He mean the world to me, I love him to bits, I made bad decision from the past but I'm not a bad person! I hope you can advise me of what the best thing to do! Any help will be highly appreciated! Hope to hear from you all soon

[Witneyboi]

Anyone? Please?

[Wanderer]

Anyone? Please?

Maybe split your original post into paragraphs? I found it too difficult to read so I didn't bother. And it weekend, give posters some slack and a day or two at least before bumping.

[MPH80]

Your argument about the Philippines isn't backed by the media:

http://www.globalpost.com/dispatch/news ... -the-world

(The Philippines coming in just 2% lower than Britain).

Yes - Britain will support gay marriage - but the perceptions out there are not what you say - so a human rights application or an asylum application is likely to ignore that point unless you can produce major contradictory evidence on that point.

I suspect the FLR(O) application is likely to be turned down - but it might be a stop-gap for you to allow you to sort things out with your new partner (get divorced/married).

Wait to see what happens with the FLR(O) application - if it succeeds - great. If it fails - marry, return to The Philippines - file a proper spouse application and return under the 5 year residency structure.

[Witneyboi]

I might needed a good immigration lawyer help to process my application then! Thanks for your reply.

[MPH80]

Ah - I was under the impression you've already applied.

How long until the divorce is final?

[Witneyboi]

Ah - I was under the impression you've already applied.

How long until the divorce is final?

I haven't applied for anything yet! We are meeting a immigration solicitor in 2 weeks for legal advice!

[Witneyboi]

Is there any best way you can suggest what to do?

[MPH80]

So you haven't filed for divorce?

[Witneyboi]

No! I haven't! We will wait and see what the solicitor going to say about my status!

We actually been to a solicitor before, he adviced to file a divorce in the uk, then apply for flr o at the same time as I'm in a new relationship. But we looking for a second opinion before we move and make an application.

[Wanderer]

I understood citizens of the Phillipines aren't allowed to divorce, even abroad?

[Witneyboi]

I understood citizens of the Phillipines aren't allowed to divorce, even abroad?

Yes we are! Although, I can't file a divorce in philippines as I'm in same sex relationship, and my ex partner is british! So I gotta to do it here in the uk!

[Wanderer]

I understood citizens of the Phillipines aren't allowed to divorce, even abroad?

Sort of wrong, sort of right, can be divorced if divorced by a foreign spouse (I think!). So AIUI you'd need to be divorced by your ex, you can't divorce her. I stand to be corrected on this though!

The 2nd paragraph of Article 26 of the Family Code of the Philippines which provides that “Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law.”

[Witneyboi]

MPH80 can I send you a private message as I got a very sensitive matter would like to discuss that I can't do in the forum. Thanks

[MPH80]

I prefer to keep all my dealings in the open forums. Sorry about that. I'm not a paid immigration advisor - just an amateur - so the open forums keep me correct (as any incorrect information I post will get corrected quickly).

[Witneyboi]

No worries I understand! The thing I would like to discuss was... The last time I spoke to my ex partner, he really wanted to help me with my ilr application.he asked me to keep all of his original documents( bank statement, bills, etc etc from 2010-2013) he even sent me a photo copy of his passport and driving liscene. He can't provide the original copies as per his parents. They told me to do what ever can. But it's very risky so I haven't applied for ilr and now I'm 14 months overstay.


I haven't filed for divorce yet. I don't know if that's a good thing or bad thing! But I need your valuable advice badly

[Wanderer]

No worries I understand! The thing I would like to discuss was... The last time I spoke to my ex partner, he really wanted to help me with my ilr application.he asked me to keep all of his original documents( bank statement, bills, etc etc from 2010-2013) he even sent me a photo copy of his passport and driving liscene. He can't provide the original copies as per his parents. They told me to do what ever can. But it's very risky so I haven't applied for ilr and now I'm 14 months overstay.


I haven't filed for divorce yet. I don't know if that's a good thing or bad thing! But I need your valuable advice badly

You did right not too bite, any hint of wrongdoings and the UKVI find out, it's a ban, partner or not.

However no amount of pleading to UKVI will change the fact you need to be divorced and you need to apply from home.

[Witneyboi]

Thanks wanderer!!!

Do you a know any top/good immigration solicitor that you can recommend who specialises in same-sex immigration cases and do you think who can help me in my situation ? Price is doesn't matter at all.