Flr(o) Refused

[yorkieb]

Dear Forum

I have posted b4 about my problem which is quite complex. but basicly we successfuly got a fiancee visa to marry in the UK....Tried to do this but blocked as my fiancee's divorce paper (married in Thailand divorced in Royal thai embassy in Hong Kong) is not recognised under uk law. So started divorce petition in the Uk and aplied for a FLR(O).... Embassy in BK advised this as the most appropriate course of action. Found out today that FLR(O) refused on the grounds that is not essensial to stay in the uk whilst proceeding with divorce. (On this point however they are in error as our solicitor confirms that the court will only process divorce if she is habitualy resident and domicile in uk therefore we are appealing this refusal). However to my point and my question...... We are considering visiting Bangkok to get married to short curcuit all these issues. BUT... the general register office in the Uk says:

Although we may be able to legally marry in Thailand as they fully agree that her divorce paper is valid there we may be refused entry into the uk to live as man and wife as her divorce paper is not recognised in the uk court.

However the embassy in BK say that if we can demonstrate to the case officer that she is available in Thailand to marry in thailand we should be able to enter the Uk, but it is at the discretion of that particular case office and cant give any guarentees blar blar blar

Who the hel_l is correct.... neither body will commit and neither body will comment on the other dispite the fact that they all work for the same boss...the UK govenment.

IF any out there have any ideas on how we can untangle our selvers would be very appreciated....in particular if we marry in BKK with an Amphur marriage cert can the BKK embassy refuse on the non recognised divorce paper issue in uk eyes.

[the scouser]

In terms of the legitimacy of divorce/marriage, I'd be inclined to believe the GRO over the embassy.

If you were to marry at an amphur in Thailand, it is possible that the visa officer might not realise the issues at stake, and issue a visa. However, such an eventuality wouldn't legitimise your marriage in anyway and its illegitimate nature might come back to bite you at a later date. Also, a more perspicacious visa officer might identify that your fiancée's divorce is not valid in the UK and refuse the visa, in which case you'd be no further forward, and your fiancée would then be stuck in Thailand.

You really need to get the divorce sorted before you do anything else.

All the best,

Scouse.