Ady
12th November 2008, 18:50
As promised, these are the notes of a meeting held with a solicitor at the IAS last month. I have included it on this forum as help for people in a similar situation.
It reads:
You are a British National who is settled in the UK. You work full time earning £xx,xxx pa (£x,xxx a month after tax) and with savings of £xx,xxx. You currently pay rent of £xxx per month.
Your fiance is a national of The Philippines. She has a 10 year old daughter from a previous relationship. Though you met first in Hong Kong, your fiance and her daughter live in The Philippines.
You have never been married before. Your fiance has been married once before and has had an an annulment. You informed us that this document is the Philippines equivalent of a divorce certificate. In the annulment, your fiance is given custody of her daughter. There is no separate custody order. Though the annulment was issued not long ago it does highlight on it that your fiance and her ex-husband have been separated for a long time. I have advised you to draw attention to that in a covering letter. The father of your fiance's child lives on the same island but has no contact with them. I have advised you to ask your fiance to provide evidence of your fiance's involvement in her daughter's life (e.g. School records, medical, religious choices). I have advised you that your fiance and her daughter should apply at the same time for their visas. If they do not apply at the same time, there is a chance that if your fiance was granted and left her daughter with another relative in the future her daughter's application could be refused based on the fact your fiance would be sharing responsibility for her daughter with the relative who is taking care of her daughter. The application could then be refused on whether your fiance has sole responsibility.
Due to your income and current outgoings you are able to show you could financially support your fiance, her daughter and herself. The legal test according to caselaw is that your income should cover the equivalent of income support levels (for a couple and a child which is at present £150 per week approximately) after accommodation has been paid for.
You also need to produce evidence of your relationship with your fiance such as proof of contact (email, letters, cards, photographs) and proof of time spent together (via your passports and receipts for hotels/places you have stayed together). You should also make a provisional booking at your local registry office and supply proof of that with the application.
You informed me that your fiance has been refused a visit visa before on intention to return. You do not have a copy of the refusal letter on your person. You will have to state her previous refusal on the application form (to not do so would be deception and would lead to a long-term ban on re-entry). You told me that on the visit application you stated you were a "friend" though your relationship had already started. It is important you deal with this in the covering letter. It would be best not to say that it was to avoid refusal as that would be deception. The reason you gave was that you were not engaged yet so wrote "friend" instead of "fiance" but that you wished to make it clear that a relationship existed. In my professional experience, British Embassies can refuse on this point stating that either the relationship has not been subsisting as long as stated, or the relationship was underplayed with a view of gaining entry by deception. An Immigration Judge may not agree with the British Embassy but it could lead to initial refusal. It is advisable to deal with it right from the start in the covering letter because even though the Entry Clearance Officer may not accept your reason, it will make you appear more credible and honest before an Immigration Judge.
I advised you that the documents required for applying for entry clearance as a spouse are as follows:-
1. A completed VAF4 application form;
2. Your fiance's passport;
3. Fiance's daughter's birth certificate and passport;
4. A certified copy of your passport (including the pages which show your trips to see your fiance);
5. Two recent passport sized photographs of your fiance;
6. The relevant visa fee;
7. Provisional Booking;
8. Evidence of intention to live together permanently - you should write a statement addressed to the Entry Clearance Officer at the British Embassy stating you are in agreement with your fiance and her daughter coming to the United Kingdom and living with you (as well as some information regarding your relationship, how you met etc);
9. Proof you have met each other and evidence of the length and depth of the relationship, for example phone card, itemised phone bills, all photographs of you with each other, any other proof of how you contact each other, and how she contacts you;
10. Proof of suitable accommodation which is owned and lived in only by you and your household where your dependents can live without any help from public funds. You will need to provide your tenancy agreement. You will also need a letter from the accommodation provider confirming they are in agreement with someone else living there. They should also confirm current occupancy and that rent is paid on time. They should also state the number of rooms it has. You will also need to provide utility bills or council tax bills as proof you live at the address.
11. Proof you can support your fiance and her daughter and yourself without additional recourse to public funds in the form of your last six months worth of payslips for you and six month worth of bank statements (for current and savings accounts) for you and your fiance. You should also supply the Entry Clearance Officer with a letter from your employer confirming your income and methods of payment. I advised you that after rent is paid, the income left over from your job is enough to show you could maintain yourselves adequately.
12. Your fiance's annulment and proof of her living with her daughter and dealing with school and medical issues too.
It reads:
You are a British National who is settled in the UK. You work full time earning £xx,xxx pa (£x,xxx a month after tax) and with savings of £xx,xxx. You currently pay rent of £xxx per month.
Your fiance is a national of The Philippines. She has a 10 year old daughter from a previous relationship. Though you met first in Hong Kong, your fiance and her daughter live in The Philippines.
You have never been married before. Your fiance has been married once before and has had an an annulment. You informed us that this document is the Philippines equivalent of a divorce certificate. In the annulment, your fiance is given custody of her daughter. There is no separate custody order. Though the annulment was issued not long ago it does highlight on it that your fiance and her ex-husband have been separated for a long time. I have advised you to draw attention to that in a covering letter. The father of your fiance's child lives on the same island but has no contact with them. I have advised you to ask your fiance to provide evidence of your fiance's involvement in her daughter's life (e.g. School records, medical, religious choices). I have advised you that your fiance and her daughter should apply at the same time for their visas. If they do not apply at the same time, there is a chance that if your fiance was granted and left her daughter with another relative in the future her daughter's application could be refused based on the fact your fiance would be sharing responsibility for her daughter with the relative who is taking care of her daughter. The application could then be refused on whether your fiance has sole responsibility.
Due to your income and current outgoings you are able to show you could financially support your fiance, her daughter and herself. The legal test according to caselaw is that your income should cover the equivalent of income support levels (for a couple and a child which is at present £150 per week approximately) after accommodation has been paid for.
You also need to produce evidence of your relationship with your fiance such as proof of contact (email, letters, cards, photographs) and proof of time spent together (via your passports and receipts for hotels/places you have stayed together). You should also make a provisional booking at your local registry office and supply proof of that with the application.
You informed me that your fiance has been refused a visit visa before on intention to return. You do not have a copy of the refusal letter on your person. You will have to state her previous refusal on the application form (to not do so would be deception and would lead to a long-term ban on re-entry). You told me that on the visit application you stated you were a "friend" though your relationship had already started. It is important you deal with this in the covering letter. It would be best not to say that it was to avoid refusal as that would be deception. The reason you gave was that you were not engaged yet so wrote "friend" instead of "fiance" but that you wished to make it clear that a relationship existed. In my professional experience, British Embassies can refuse on this point stating that either the relationship has not been subsisting as long as stated, or the relationship was underplayed with a view of gaining entry by deception. An Immigration Judge may not agree with the British Embassy but it could lead to initial refusal. It is advisable to deal with it right from the start in the covering letter because even though the Entry Clearance Officer may not accept your reason, it will make you appear more credible and honest before an Immigration Judge.
I advised you that the documents required for applying for entry clearance as a spouse are as follows:-
1. A completed VAF4 application form;
2. Your fiance's passport;
3. Fiance's daughter's birth certificate and passport;
4. A certified copy of your passport (including the pages which show your trips to see your fiance);
5. Two recent passport sized photographs of your fiance;
6. The relevant visa fee;
7. Provisional Booking;
8. Evidence of intention to live together permanently - you should write a statement addressed to the Entry Clearance Officer at the British Embassy stating you are in agreement with your fiance and her daughter coming to the United Kingdom and living with you (as well as some information regarding your relationship, how you met etc);
9. Proof you have met each other and evidence of the length and depth of the relationship, for example phone card, itemised phone bills, all photographs of you with each other, any other proof of how you contact each other, and how she contacts you;
10. Proof of suitable accommodation which is owned and lived in only by you and your household where your dependents can live without any help from public funds. You will need to provide your tenancy agreement. You will also need a letter from the accommodation provider confirming they are in agreement with someone else living there. They should also confirm current occupancy and that rent is paid on time. They should also state the number of rooms it has. You will also need to provide utility bills or council tax bills as proof you live at the address.
11. Proof you can support your fiance and her daughter and yourself without additional recourse to public funds in the form of your last six months worth of payslips for you and six month worth of bank statements (for current and savings accounts) for you and your fiance. You should also supply the Entry Clearance Officer with a letter from your employer confirming your income and methods of payment. I advised you that after rent is paid, the income left over from your job is enough to show you could maintain yourselves adequately.
12. Your fiance's annulment and proof of her living with her daughter and dealing with school and medical issues too.