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    Legalisation of NIC and Absolute

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    Graham
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    Legalisation of NIC and Absolute

    Post by Graham on 06/03/11, 03:07 am

    Hello all, Very Happy

    Fay had a question for me just before, and I didn't have an answer.
    So it's over to the experts,,,

    I plan to be in UK from 02 April until 09 May 2011
    The absolute "should" be granted on 25 March, if no hickups.
    However, I always fear there can, and will be a delay.
    Fay asked, "What if your absolute is not confirmed before you return back to China?"
    As in, a fly in the ointment delay by vindictive outgoing wife, to spoil the party.

    With a delay, maybe the absolute is only granted a day or two before my planned return.

    We see three options.

    1. Change my planned flight return date.
    2. Collect the granted absolute, and return to China with it.
    3. Return to China as planned, then return once again to UK at a later date, when my absolute is confirmed.

    If I went for option 1
    This is a money thing, and to change the return date would cost around 110. Wasted money.

    If I went with option 2.

    (i) Can I get a NIC in China from UK embassy or consul,
    (ii) Can I get NIC and absolute legalised in China.

    If I went for option 3
    This is a money thing, and to return at a later date would cost around 640. Again, even more money wasted.

    So it essentially boils down to option two, but I need advice if this can be done.


    Weifang.

    sunny
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    davidmckendrick
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    Re: Legalisation of NIC and Absolute

    Post by davidmckendrick on 06/03/11, 04:38 am

    Hi Graham,
    You have allowed 6 and a half weeks between the projected Decree absolute and your return to China. You already have the Decree nisi. I know you will worry until you have the decree absolute in your hands. You have to allow 21 days between applying for a CNI at a Register Office before it is granted. But you can apply to a Notary in England with your duly completed sworn Affidavit (Statutary Declaration) worded exactly as already outlined on the website. As long as you can show him your Decree Absolute you will get the stamped Affidavit (Statutary Declaration) immediately. Which still allows you six weeks to get both the Statutary Declaration and the Decree Absolute legalised at Milton Keynes and the Chinese Consulate in Manchester. You can get the legalisation in Milton Keynes done the same day without an appointment and the Chinese Consulate take 4 working days but can do it in 2 days if you are running short of time by paying double (30 per document for 2 days service).

    Now, Option 2. If you do not have time (three working days) to get your documents legalised in UK. It appears that pj managed to get a Statutary declaration from the Australian Consulate in Guangzhou so it appears to be possible to get a statutary declaration from one of the British Consulates or Embassy in China. All you would have to do is produce the Decree Absolute at a British Consulate in China and explain the situation to them and swear your Statutary Declaration there having already prepared it in the UK according to our wording which we know will be accepted by the marriage office in China.

    I know it is difficult for you not to worry but honestly everything will work out fine and you will have your documents in plenty of time.

    Instead of Option 3 you could go for Option 4. Don't get married in China but get Fay to apply for a Fiancee visa (exactly the same Settlement visa forms and proof except you don't have a Marriage certificate when she applies). This allows her to come back with you to the UK and you have a defined period in which to get Married. Once she is married she then goes onto the spouse visa and has to live in UK almost continuously for 24 months and pass the ESOL exam to be able to apply for the ILR which then allows her in and out of UK indefinitely.

    Best wishes,
    David

    Graham
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    Re: Legalisation of NIC and Absolute

    Post by Graham on 06/03/11, 08:02 am

    davidmckendrick wrote:Hi Graham,
    Hello David,
    davidmckendrick wrote:
    You have allowed 6 and a half weeks between the projected Decree absolute and your return to China. You already have the Decree nisi.
    I know you will worry until you have the decree absolute in your hands.
    This 6 and half weeks is for any delay that might come my way, but hopefully not.
    davidmckendrick wrote:
    You have to allow 21 days between applying for a CNI at a Register Office before it is granted.
    Whats this for David?
    davidmckendrick wrote:
    But you can apply to a Notary in England with your duly completed sworn Affidavit (Statutary Declaration) worded exactly as already outlined on the website. As long as you can show him your Decree Absolute you will get the stamped Affidavit (Statutary Declaration) immediately.
    Ok, understand that.
    davidmckendrick wrote:
    Which still allows you six weeks to get both the Statutary Declaration and the Decree Absolute legalised at Milton Keynes and the Chinese Consulate in Manchester. You can get the legalisation in Milton Keynes done the same day without an appointment and the Chinese Consulate take 4 working days but can do it in 2 days if you are running short of time by paying double (30 per document for 2 days service).
    I will have the 6 weeks, assuming the absolute is in my hand on due date, yes.
    davidmckendrick wrote:
    Now, Option 2. If you do not have time (three working days) to get your documents legalised in UK. It appears that pj managed to get a Statutary declaration from the Australian Consulate in Guangzhou so it appears to be possible to get a statutary declaration from one of the British Consulates or Embassy in China. All you would have to do is produce the Decree Absolute at a British Consulate in China and explain the situation to them and swear your Statutary Declaration there having already prepared it in the UK according to our wording which we know will be accepted by the marriage office in China.
    I seen his post, so here's hoping teh UK Consulate in Beijing can do similar.
    davidmckendrick wrote:
    I know it is difficult for you not to worry but honestly everything will work out fine and you will have your documents in plenty of time.
    Fingers crossed,
    davidmckendrick wrote:
    Instead of Option 3 you could go for Option 4. Don't get married in China but get Fay to apply for a Fiancee visa (exactly the same Settlement visa forms and proof except you don't have a Marriage certificate when she applies). This allows her to come back with you to the UK and you have a defined period in which to get Married. Once she is married she then goes onto the spouse visa and has to live in UK almost continuously for 24 months and pass the ESOL exam to be able to apply for the ILR which then allows her in and out of UK indefinitely.
    I think this is an outside option, as we both have our mind's set on getting married in China.
    I know it's not a big issue, but having spoken together about it, it is plain that getting married in China, is what we both want.
    davidmckendrick wrote:
    Best wishes,
    David

    Thanks David, I like your replies,

    Weifang sunny
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    handyal
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    Re: Legalisation of NIC and Absolute

    Post by handyal on 06/03/11, 10:45 am

    davidmckendrick wrote:You have to allow 21 days between applying for a CNI at a Register Office before it is granted. But you can apply to a Notary in England with your duly completed sworn Affidavit (Statutary Declaration) worded exactly as already outlined on the website. As long as you can show him your Decree Absolute you will get the stamped Affidavit (Statutary Declaration) immediately.

    Under the Marriage with Foreigners Act 2006 you must give a clear 21 day notice of your intention to marry.
    1. If you applied for your CNI at the British Embassy in Beijing it would not be issued for 21 days to comply with the law.
    2. If you apply at a Registry office in the UK, same applies. (Your previously married so you need a Notary, not this method).
    3. If you apply to a Notary in the UK your CNI will be immediately issued. It then has to be legalised by FCO and CE. By the time you get this completed and return to China the 21 day period has already lapsed.

    If I remember correctly David got a stat dec from his registrar office and a CNI from a Notary. Double overkill, he wasn't letting her get away. LOL.
    We now understand the difference in the procedures. You don't need both, it depends on your marital status.

    Graham
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    Re: Legalisation of NIC and Absolute

    Post by Graham on 06/03/11, 12:09 pm

    handyal wrote:
    davidmckendrick wrote:You have to allow 21 days between applying for a CNI at a Register Office before it is granted. But you can apply to a Notary in England with your duly completed sworn Affidavit (Statutary Declaration) worded exactly as already outlined on the website. As long as you can show him your Decree Absolute you will get the stamped Affidavit (Statutary Declaration) immediately.

    Under the Marriage with Foreigners Act 2006 you must give a clear 21 day notice of your intention to marry.
    1. If you applied for your CNI at the British Embassy in Beijing it would not be issued for 21 days to comply with the law.
    2. If you apply at a Registry office in the UK, same applies. (Your previously married so you need a Notary, not this method).
    3. If you apply to a Notary in the UK your CNI will be immediately issued. It then has to be legalised by FCO and CE. By the time you get this completed and return to China the 21 day period has already lapsed.

    If I remember correctly David got a stat dec from his registrar office and a CNI from a Notary. Double overkill, he wasn't letting her get away. LOL.
    We now understand the difference in the procedures. You don't need both, it depends on your marital status.

    Al,

    Has any one ever told you, that you ar a little shining star. Very Happy
    Point 3 is great.
    Now why didn't I know about that.
    Well, we all come learn, and hoping to give some thing back what we have learned prevoiusly.

    Weifang. sunny

    Graham
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    Re: Legalisation of NIC and Absolute

    Post by Graham on 27/03/11, 10:37 am

    Hi All,

    Looks like April 01 2011 is a closing day for the legalisation office in Milton Keynes.

    From this date, no more counter services.
    Only postal service.

    http://www.fco.gov.uk/en/about-us/what-we-do/services-we-deliver/legal-services/legalisation/


    Weifang sunny
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    handyal
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    Re: Legalisation of NIC and Absolute

    Post by handyal on 27/03/11, 11:35 am

    Hi Graham,

    Have you read this page:
    http://www.fco.gov.uk/en/about-us/what-we-do/services-we-deliver/legal-services/legalisation/Our-Service-from-April/

    If you send your application by Special Delivery with a pre paid return Special delivery then it should only take 4 days.
    They process your application within 24 hours. Wink

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