Visa for wife - Philippines

[andy and ann]

Hi all, I am in the middle of the process for my Filipina wife. I think I may well have gone in the wrong direction up until now on misinformation. I will give the full story below. I lived in Bulgaria for 18 months, and began chatting with a Filipina in February 2008 on skype. I then moved to the Philipines in October 2008 and we were married March 15 2009. Apart from a couple of holidays I haven't been in the UK for 2.5 years. I have been living off of savings and the proceeds of my house sale. Shortly after I arrived here we began living together, and have been together ever since. I am 37 and my wife 28, neither of us have been married before. We applied 4 weeks ago for a 6 month family visit visa, and are still awaiting the decision of this, and this is where it starts getting a little bit complicated.

We went to the clinic yesterday, and it is confirmed that my wife is pregnant, which we are overjoyed about, but also very concerned about too. I have just 12,000 UK pounds left in savings, and have to head back to the UK to try and get a job in the middle of a recession. So whatever job I get I will struggle I am sure to support my family and 12k won't last forever. Anyway onto my questions.

Should I inform them that my wife is pregnant?
If we get the visa, what will be the chances of getting the temporary leave to remain, so that she can stay with me? Not high is my guess due to my financial situaion.
Will healthcare costs be met by the NHS for everything to do with the pregnancy? I read that A&E and family planning are, but not sure if childbirth is included.
If we are in the UK at the time of birth, am I right in thinking the child would automatically become a UK citizen?

If we receive the visa, does it have certain dates on it or does the 6 month clock start ticking once she enters the country?

Sorry for some quite basic questions, especially like the last one, but we received 2 completely different answers for that one from the office dealing with the application!

Also any other useful advice would be gratefully recieved. Tomorrow we are travelling to a popular destination here to see if it is possible to open a guesthouse, it is highly unlikely there is a suitable property to lease, but no harm in looking as they say, but if there is then we would be in a much better position to push forward our plans.

Many thanks in advance for any help.

[vinny]

Overseas Visitors have very limited access to the NHS. I think that normal childbirth is not included. Travel health insurance is recommended before travelling.

If you are British otherwise than by descent (e.g. born in UK), then your child would also be British by descent if born outside the UK.

284(i) prevents visitors or people with six months leave or less (except Fiancé(e) visa holders) from switching to FLR(M) status. But having children may help. However, she may be granted Discretionary leave.

She should apply for a spouse visa, subject to the maintenance and accommodation requirements. See also How much is enough?

[Obie]

Hi all, I am in the middle of the process for my Filipina wife. I think I may well have gone in the wrong direction up until now on misinformation. I will give the full story below. I lived in Bulgaria for 18 months, and began chatting with a Filipina in February 2008 on skype. I then moved to the Philipines in October 2008 and we were married March 15 2009. Apart from a couple of holidays I haven't been in the UK for 2.5 years. I have been living off of savings and the proceeds of my house sale. Shortly after I arrived here we began living together, and have been together ever since. I am 37 and my wife 28, neither of us have been married before. We applied 4 weeks ago for a 6 month family visit visa, and are still awaiting the decision of this, and this is where it starts getting a little bit complicated.

We went to the clinic yesterday, and it is confirmed that my wife is pregnant, which we are overjoyed about, but also very concerned about too. I have just 12,000 UK pounds left in savings, and have to head back to the UK to try and get a job in the middle of a recession. So whatever job I get I will struggle I am sure to support my family and 12k won't last forever. Anyway onto my questions.

Should I inform them that my wife is pregnant?
If we get the visa, what will be the chances of getting the temporary leave to remain, so that she can stay with me? Not high is my guess due to my financial situaion.
Will healthcare costs be met by the NHS for everything to do with the pregnancy? I read that A&E and family planning are, but not sure if childbirth is included.
If we are in the UK at the time of birth, am I right in thinking the child would automatically become a UK citizen?

If we receive the visa, does it have certain dates on it or does the 6 month clock start ticking once she enters the country?

Sorry for some quite basic questions, especially like the last one, but we received 2 completely different answers for that one from the office dealing with the application!

Also any other useful advice would be gratefully recieved. Tomorrow we are travelling to a popular destination here to see if it is possible to open a guesthouse, it is highly unlikely there is a suitable property to lease, but no harm in looking as they say, but if there is then we would be in a much better position to push forward our plans.

Many thanks in advance for any help.

Congratulation for the expecting baby. You must be over joyed.

Because you have married, i would have suggested you apply for a UK spousal Visa, as she will obviously not intend to leave in six months due to the baby and stuff. Wait and see how the visa application goes.

However if you need her to settle in the UK, she would need to go back to Philippine and apply for her spousal visa.

Informing them of the pregnancy when you are applying for a visitor's visa will not help, but if it was your spousal Visa application, it would have helped greatly, as it will indicate a genuine relationship. If you tell them now, they will conclude she doesn't intend to return, and will refuse her visa on that basis. On the other hand , if they refuse on that basis you will apply for the spousal then.

The burden of proof for the spousal is quite high, you will have to demonstrate your ability to support your wife without resorting to public funds and that you have adequate accommodation .

You could also apply for a family visa under EU law, to other countries like Bulgaria where you have lived and have roots.

Once you are there, you can apply for an EEA family permit to enter UK under a law called singh rule. It is an uncomplicated process as well.You will not need to provide evidence of resources. You only need to have lived with your wife in another EU state to qualify.

12,000 savings seems good, and you have incomes as well if i am correct.

I wish you all the best.

[vinny]

You could also apply for a family visa under EU law, to other countries like Bulgaria where you have lived and have roots.

Once you are there, you can apply for an EEA family permit to enter UK under a law called singh rule. It is an uncomplicated process as well.You will not need to provide evidence of resources. You only need to have lived with your wife in another EU state to qualify.

See also Eu Treaty rights- if exercised in ireland is it valid in uk?

[andy and ann]

Thanks a lot for all the help so far. Really appreciated! As if by coincidence the visa application was returned today, with the visa being denied.

Neither of us are working. I have been living off of savings, and I asked my wife to quit her job shortly after I arrived here. This point was one of the main points of refusal. She has no assets and they couldn't see sufficient reason for her to return so suspected that she wouldn't.

Another reason was that I hadn't included any details of the place we would live. I really thought my covering letter saying I would stay with parents until we had found a home suitable for us both would be sufficient. I cannot imagine it taking more than a day to find somewhere suitable.

Maybe we were naive, but all we wanted to do was to come together to the UK. We wanted to return to the Philippines for winter and then to go back to the UK and make a fresh start together.

I think that the only option that we have is if I return to the UK find a job and a house and hope that I can then get her over to the UK before the child is born, but I really think that would be doubtful considering it takes them 3 months to process the application. Thanks for the suggestions of doing it by way of EU treaty, but really don't want to go that route as we would have to try and get her into an EU country which would be just as difficult no doubt.

It really makes me sick this. I have been paying into the system for 20 years. All I want is for my wife to come back with me, and I don't want any of the governments precious money.

[Obie]

Thanks a lot for all the help so far. Really appreciated! As if by coincidence the visa application was returned today, with the visa being denied.

Neither of us are working. I have been living off of savings, and I asked my wife to quit her job shortly after I arrived here. This point was one of the main points of refusal. She has no assets and they couldn't see sufficient reason for her to return so suspected that she wouldn't.

Another reason was that I hadn't included any details of the place we would live. I really thought my covering letter saying I would stay with parents until we had found a home suitable for us both would be sufficient. I cannot imagine it taking more than a day to find somewhere suitable.

Maybe we were naive, but all we wanted to do was to come together to the UK. We wanted to return to the Philippines for winter and then to go back to the UK and make a fresh start together.

I think that the only option that we have is if I return to the UK find a job and a house and hope that I can then get her over to the UK before the child is born, but I really think that would be doubtful considering it takes them 3 months to process the application. Thanks for the suggestions of doing it by way of EU treaty, but really don't want to go that route as we would have to try and get her into an EU country which would be just as difficult no doubt.

It really makes me sick this. I have been paying into the system for 20 years. All I want is for my wife to come back with me, and I don't want any of the governments precious money.

Sorry about the refusal of your wife's visa.

Andy the EU route is pretty simple. All you need to provide is evidence of your relationship, your passport that shows you have an EU citizenship and her passport. Some ask for other things like flight ticket, but others don't . You can show them your savings statement and that will suffice.

It is a simple process, which can ultimately get your wife to the UK before the baby is due to be born. After you have stayed with her in Bulgaria for few months.

Coming to the UK to find work and settling down could be a time consuming process, considering the state of the market.

Perhaps your field of specialty might have better opportunities, it will nevertheless takes time to compile all the requirements.

I wish you all the best.

[andy and ann]

Thanks a lot Obie for your reply. I had previously looked into going this route but was under the impression that we had to live in an EU country for at least two years together before getting to the UK?

You are saying that she would be able to gain access to any EU country with me providing we could prove onward travel/have sufficient funds?

This sounds too good to be true! I will begin my research immediately!


Thankyou so much!

[Obie]

Thanks a lot Obie for your reply. I had previously looked into going this route but was under the impression that we had to live in an EU country for at least two years together before getting to the UK?

You are saying that she would be able to gain access to any EU country with me providing we could prove onward travel/have sufficient funds?

This sounds too good to be true! I will begin my research immediately!


Thankyou so much!

Andy i am pretty confident it will succeed. You can use Bulgaria as you have established roots or even Ireland, which has common travel area with the UK (Northern Island and Main Land).

After you have exercised treaty rights in a member state as Employed or Self Employed for about 6 months, you can move with you wife to the UK through the freedom of movement law.

It is pretty straightforward process

By the way, i mean any EU country except UK at present.

But once you have established in any of this you are fine

[andy and ann]

Thanks once again Obie, I do remember looking in this direction before, I haven't found the relevant information yet but from memory it is something like...

a citizen of any other country aside from the UK, so if I was German/French etc I could do this to move to the UK with my wife.

Its a real pain, all of this information was saved into my favourites until the ship porter dropped my suitcase with laptop into the sea doh!

[Obie]

Thanks once again Obie, I do remember looking in this direction before, I haven't found the relevant information yet but from memory it is something like...

a citizen of any other country aside from the UK, so if I was German/French etc I could do this to move to the UK with my wife.

Its a real pain, all of this information was saved into my favourites until the ship porter dropped my suitcase with laptop into the sea doh!

Hi Andy i am forwarding the two link from which the regulations we have been discussing derives.

In the first one which is the UK caseworker manual look at No 7 as it applies to your situation.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

The Second one is the directive issued by the EU commission.
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Need any further assistance, don't hesitate to contact us.

[andy and ann]

Thankyou so much once again Obie!

This is certainly proving that I have been misled about things countless times. I will be travelling to another city over the next couple of days, we are thinking of trying to start a guesthouse there to keep all of our options open.

I will be back soon no doubt to discuss* this further.

beg for more help!

Thanks once again

[Obie]

Thankyou so much once again Obie!

This is certainly proving that I have been misled about things countless times. I will be travelling to another city over the next couple of days, we are thinking of trying to start a guesthouse there to keep all of our options open.

I will be back soon no doubt to discuss* this further.

beg for more help!

Thanks once again

No worries mate, anytime.

Send me a private message or drop a note on the forum, if i see it i will definitely add my input.

Once again i wish you the very best for the future