View Full Version : Hello all. I'm Louis from Kingston, Surrey.
louismc44
14th August 2010, 20:27
I'm 65 years old..
Last year I met a woman online, she is from the Philippines.
Over the past year we have become deeply involved as one can ever be here over the internet.
I have tried to tell her a few times, that internet love does not work and have tried to call off our chats a few times, but we always seem to come back to the same problem.
How do I get her over here and to be come husband and wife.
I am single, never been married before. I don't work as I am now fully retired and I only have a state pension and I get housing benefit too.
I am also registered disable.
I can's see out government ever allowing me to have this relationship because of my situation.
I try to explain this to my internet girlfriend, but she feels very strongly that we can make it somehow..
I don't know what to do.
My question is....
I'm at lost at what to do.
Is there a way for us to be together?
stevewool
14th August 2010, 20:30
there is always a way if that is what you both want , yes its very hard and costly too, but if its what you both are wanting then you are on the right site to ask questions
stevie c
14th August 2010, 20:32
there is always a way if that is what you both want , yes its very hard and costly too, but if its what you both are wanting then you are on the right site to ask questions
yes steve is right i cant add to that except to welcome you to the forum louis :Hellooo:
rani
14th August 2010, 20:36
welcome to the forum louis.. remember, love can move mountains so don't lose hope :Wave:
joebloggs
14th August 2010, 20:42
you have to met her at least once to apply for a fiancée or a spouse visa. so you'll probably have to go and meet her in the phils, unless you can get her a visit visa (difficult to get)
do you have any savings ?
its not the gov that's stopping your relationship, its whether you can support her so she will not need recourse to public funds which will be your problem
louismc44
14th August 2010, 20:44
You know the strange thing is, I feel she really does love and care for me, and anyone with a half a heart can see this too.
I have fallen in love with her because of this.
louismc44
14th August 2010, 20:47
Thank you
Yes, it seems that you have done this too.
I told her from the 1st time we met here over the net, that we are too far from each other and I can not see it working our for us in my situation here in the UK.
I do want to be with her, I have come to love and care about her too..Not wanting to do so, but it happen and now I am at lost of what to do?
louismc44
14th August 2010, 20:48
Thank mate
louismc44
14th August 2010, 20:50
To be totally honest, I can not offically support her, but I can support her on my own income, without claining any allowences for her.
This I feel our governemt wil not allow me to do?
stevie c
14th August 2010, 20:50
Thank you
Yes, it seems that you have done this too.
I told her from the 1st time we met here over the net, that we are too far from each other and I can not see it working our for us in my situation here in the UK.
I do want to be with her, I have come to love and care about her too..Not wanting to do so, but it happen and now I am at lost of what to do?
LOUIS I THINK THE FIRST THING YOU NEED TO DO IS ASK YOURSELF IF YOU ARE SERIOUS ABOUT THIS RELATIONSHIP & IF YOU WANT A FUTURE WITH THIS WOMAN IF YOUR ANSWER IS YES THEN YOU NEED TO GO TO THE PHILS TO MEET YOUR LADY THEN TAKE IT FROM THERE :xxgrinning--00xx3:
stevewool
14th August 2010, 20:53
thats your problem then louis, you have to show that you can support her with out any support form the goverment , saving you must have too
joebloggs
14th August 2010, 20:58
To be totally honest, I can not offically support her, but I can support her on my own income, without claining any allowences for her.
This I feel our governemt wil not allow me to do?
if you dont have savings i think you will struggle..
what you get in benefits and pension is meant really to only support you, not your future wife.
and if you have no savings or other income then there is a risk that you will be refused a visa becuase she might need recourse to public funds.
have you family or friends who can loan you money for 6 months ?
louismc44
14th August 2010, 21:00
So you seem to be saying to me, that I must 1st go to the Phillipines and take it from there..Mmmmm interesting. A reality trip?
louismc44
14th August 2010, 21:02
Yes I have some friends who can loan me some funds, but also I have a little savings too.
RickyR
14th August 2010, 21:11
So you seem to be saying to me, that I must 1st go to the Phillipines and take it from there..Mmmmm interesting. A reality trip?
Yes definately, you'll know then whether this is something worth moving heaven and earth to make it happen.
Yes I have some friends who can loan me some funds, but also I have a little savings too.
There are ways to fudge the system, would take a lot of effort, and may be misleading, but it can work. If only to have a sum of money in your bank account for a few months showing that your more then capable of supporting her with that until she gets a job.
Good luck, and I know things will work out for the best in the end. You have some challenges ahead, but true love can overcome them.
joebloggs
14th August 2010, 21:12
does your g/f work ? is she skilled ? if she can get a firm job offer from the UK that should increase your chances of getting a visa, if you get married in the phils, once she has her spouse visa and lands in the UK she can start job hunting, and if she gets a job that would reduce the risk of her needing recourse to public funds.
if you can loan as much as possible for 6 months or so, say £5000+, and repay it once you get your visa.
louismc44
14th August 2010, 21:16
Here in the UK on benefits, we ae not alalaow to have more than £6.000 in our bank accounts. So I think I have to rule this one our, its a good idea, thanks
louismc44
14th August 2010, 21:24
Yes it does seem like a lot of hard work.
At my age I need to work smarter, not harder.
joebloggs
14th August 2010, 21:24
Here in the UK on benefits, we ae not alalaow to have more than £6.000 in our bank accounts. So I think I have to rule this one our, its a good idea, thanks
:doh yes, not sure of the limit, you need to find out and make sure your under it..
you giving up so easily :Erm:
also a possibility of using '3rd party support' thou relying on it alone might not be a good idea, but if you had some savings to :rolleyes:, 3rd party support until recently was not allowed and i'm not sure ECOs are allowing yet..
http://www.gcnchambers.co.uk/gcn/news/third_party_support_and_or_joint_sponsorship_are_permissible_for_entry_clearance_applications_under_rules_281_297_and_317
louismc44
14th August 2010, 21:26
No real skills that I know of, but work is work and if she can get some?
joebloggs
14th August 2010, 21:32
No real skills that I know of, but work is work and if she can get some?
do you know anyone who could employ her ? or family or friends know of a company ?? it would help alot. - even if it was for a few months trial, as long as she got a written job offer..
savings, job offer and 3rd party support (say from a brother, sister etc who could offer support so she wouldnt need recourse to public funds)
and i think your not allowed to CLAIM MORE OF A BENEFIT BECAUSE YOUR WIFE is living there..
yes you got a hill to climb, but its not impossible..
louismc44
14th August 2010, 21:44
I'm not one of those who ask for help, then say ah but ???
joebloggs
14th August 2010, 21:48
oh don't rely on the 3rd party support the gov has not implemented it yet, no surprise there :angry:
you need to meet your lady and see how you get on.. then plan your visa and make sure its water tight so you don't get refused and don't need to appeal ..
good luck, i've got to go, my misses has just got back from work after a 12hr shift :NoNo:
Dedworth
14th August 2010, 22:12
Welcome Louis & good luck in your endeavours
Arthur Little
15th August 2010, 00:13
:welcomex:, Louis. I'M also a State Pensioner ... and the same age as yourself. Like YOU, I'd been conducting an online relationship with a lady from the Philippines. After a year of communicating almost daily, she and I finally met for the first time in *September 2008 when I visited her homeland. All went well - even better than either of us had hoped - and we celebrated my 64th birthday during the 3 weeks I spent there *then.
Being retired, I was able to make a second trip to the Phils in November that year. On THIS occasion we got married ... and I stayed for three months, whilst my wife applied for a Spousal Visa.
Between my two trips, I joined this forum - which was a great help to me. Consequently, I shall be more than happy to share my story if you so wish. :xxgrinning--00xx3:
Lancashirelad
15th August 2010, 02:49
im far from an expert, but if you are both CERTAIN you both want to marry, maybe its better you go out there and marry in Phils, register the marriage here then bring her over on a spouse visa.
As your wife i think it would be easier to bring her over here, without as many financial checks?
maybe the experts here can say if this is another option to consider?
mikey73
15th August 2010, 07:03
hi louis
welcome to the forum:Hellooo:
louismc44
15th August 2010, 08:30
Hello Arthur.
Thank you.Yes I would like to hear more of your story.
Regards...Louis
louismc44
15th August 2010, 08:32
I'm registered disabled.
I have a carer's allowance.
Could I not employ her as my carer?
Then she would be getting paid for taking care of me?
This money is allocated for my care and it would go to her instead of me.
What do you think of this idea?
louismc44
15th August 2010, 08:38
Thanks Dedworfh:)
louismc44
15th August 2010, 08:44
Hello Ricky.
Thanks.
True love!
I like to experience this.:xxgrinning--00xx3:
louismc44
15th August 2010, 08:45
Thank you Mikey:xxgrinning--00xx3:
louismc44
15th August 2010, 08:46
Hi Arthur
Yes I would like to hear more of your story Thanks
joebloggs
15th August 2010, 08:55
I'm registered disabled.
I have a carer's allowance.
Could I not employ her as my carer?
Then she would be getting paid for taking care of me?
This money is allocated for my care and it would go to her instead of me.
What do you think of this idea?
9.3.2.2 Disabled sponsor
When MK (Somalia) v Entry Clearance Officer was heard in the Court of Appeal the outcome was different ([2007] EWCA Civ 1521). The Court of Appeal held that the appellant could rely on disability living allowance paid to his spouse for the purpose of establishing that she would be adequately maintained without recourse to public funds. The sponsor proposed to use her DLA to support her husband to be her carer. This was a way of meeting her needs by use of the DLA, and a matter of her choice. This is the first Court of Appeal authority on this point, and changes the direction of case law on the capacity of disabled sponsors to support their spouse.
In addition to disability living allowance the sponsor received an enhanced level of income support. This, by agreement of the parties, was incorporated into the calculation of the figure for adequate maintenance.
NM (disability discrimination) Iraq [2008] UKAIT 00026 was another case in which the sponsor was reliant on DLA. The decision did not refer to MK (Somalia), but it appears to be distinguishable on its facts in that in NM the sponsor seemed to be spending all his DLA. The tribunal held it was not discriminatory on grounds of disability to refuse entry clearance to his spouse, though the argument under the Disability Discrimination Act was not fully explored. Note that here the sponsor did not propose to support his spouse financially as his carer, but the tribunal noted it would have been open to her to support herself by finding employment.
AM (Ethiopia), SA (Somalia), MB (Pakistan), VS (Sri Lanka) and MI (Somalia) were joined in the Court of Appeal on the question of third party support (see below). In the course of the judgment, some doubt was cast on reliance on income support by disabled sponsors, but the effect of the case is not altogether clear.
In AM (Somalia) v ECO [2009] EWCA Civ 634 the Court of Appeal held that the application of the rule prohibiting reliance on public funds to disabled sponsors was not unlawful discrimination under Article 14 ECHR.
9.3.3.3 Third party support
The question of whether third party support is permitted for spouses and adult relatives has been addressed for the first time by the Court of Appeal in AM (Ethiopia), SA (Somalia), MB (Pakistan), VS (Sri Lanka), MI (Somalia) and another v Entry Clearance Officer [2008] EWCA Civ 1082. The court decided that third party support was not permissible for these groups, and confirmed it was not available for children, as held in MW (Liberia) [2007] EWCA Civ 1376. The appellants’ appeal was heard by the Supreme Court during the week of the 9th November 2009. Judgment should therefore be given shortly before Christmas or early in the New Year on the issues of sponsors relying upon third party support, and disability discrimination where a sponsor is less able to work through disability.
In AB (Third-party provision of accommodation) v ECO Islamabad [2008] UKAIT 00018 the tribunal held that accommodation could be provided by a third party. Paragraph 281(iv) of the immigration rules requires only that 'there will be' accommodation for spouses. It was unrealistic to expect a young couple always to finance this for themselves:
Access to accommodation in the United Kingdom is, as is well known, an expensive matter… It is part of the common experience of mankind that children, even adult children, continue to live with their parents or sometimes other relatives. (para 9)
TS (working holidaymaker; no third party support) India [2008] UKAIT 00024 is a useful decision to read on third party support as it explores the different ways in which maintenance is treated in different immigration rules. It predates AM in the Court of Appeal but does not conflict with it.
from what i understand about these cases is, essentially states that if you sponsor your spouse as a carer and you state, she will be helping you to meet you care needs, then the money you get from income support and DLA will be counted towards the maintenance requirement for your spouse.
if you say your wife will be providing you with care, then your benefit will be incorporated into maintenance requirement for her application, and her income from her savings could also be incorporated.
After paying rent or mortgage and council tax you should have a minimum of
£100.95 left per week to support you and your wife.
louismc44
15th August 2010, 19:09
Thanks Rani
louismc44
15th August 2010, 19:37
Thats fine..I think we can manage ok on this...
Thanks a lot for his info...
That seems like a good bit of news...
:xxgrinning--00xx3:
joebloggs
15th August 2010, 19:48
Thats fine..I think we can manage ok on this...
Thanks a lot for his info...
That seems like a good bit of news...
:xxgrinning--00xx3:
there are places you can get free legal advice who will guide you and help you with your app
your local law centre should have an immigration solicitor http://www.lawcentres.org.uk/lawcentres/detail/find/
IAS http://www.iasuk.org/home.aspx
and maybe even your local citizen advice bureau
but definitely contact the first 2, it should not cost you anything because of your earnings :xxgrinning--00xx3:
louismc44
16th August 2010, 17:32
Thank you for this info..
I will work through these..
Regards
Louis
louismc44
26th September 2010, 11:34
Hi All..
I have a long term relationship with someone from the Philippines, we have met here in the UK for a few months before she went back home.
Now she would like to come over here again. This time to stay with me at my home for 5 months.
My question is this;
Would she be allowed to stay with me even though I am on housing benefit and pension credit, plus I have DLA allowance too..
I have enough money to support her and myself throughout her stay here in the UK
Where can I find out more about this before I invite her here? As I don't want to get into any deep trouble with the authorities, specially with this lot that we have in power at the moment?
Languish
4th October 2010, 21:25
Echoing the others - if there is a way to get out there then you should. You can at least gauge if she truly is the right one for you. I knew it before i left too but visiting just reinforced everyone and paved the way for future plans. Good luck in your endeavour! :xxgrinning--00xx3:
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