New Member

[Jamesstott]

Hello everyone.

My name is James and I am a new member. Will give you a brief history..................

I visited the Philippines in 2002 as my parents were staying there, they introduced me to one of their filipino female friends........

Over the next 2 years I visited the Philippines several times, courted this girl and we got married in the Philippines in 2004.

She applied for a visa, and it got refused. So I moved to the Philippines where we lived together. Applied again after a year and it was refused again, so we stayed in the Philippines for 6 years and had two children.
A girl who is 5 and a boy who is one.

We decided to move to the UK in 2010, but was told I needed 6 months of UK house bills, so I came to the UK alone to collect all of this. I left August 2010

In April 2011 I returned to the Philippines, with all the documents, and applied for spouse/settlement visa for my wife on April 2011.

I am tracking it through the VFS website.

So far I have missed my sons first Birthday, and also a Christmas so its been horrible.

I returned alone to the UK late April 2011. Still waiting to hear about visa.

Its horrible to have to go through this, and worried what we will do if she if refused. I can no longer live in the Philippines due to work commitments.

Thanks for listening

James

[joebloggs]

having lived outside the uk for 4yrs with your wife, she should be granted ILE subject to KOL. once she passes the life in uk test she can apply for ILR :rolleyes:

[subseastu]

James

Sorry to hear about your troubles. It is very difficult in these relationships when things don't go well with things like visas etc. I'm puzzled why you would be refused a visa twice when you seem to have done everything above board. Well heres hoping that your succesful this time and your family will be with you soon in the uk. If you want to you can keep people posted on the visa progress if it makes things easier for you to talk about it.

All the best and good luck

[Jamesstott]

having lived outside the uk for 4yrs with your wife, she should be granted ILE subject to KOL. once she passes the life in uk test she can apply for ILR :rolleyes:

Hi, I dont understand. Whats ILE and KOL.

[joebloggs]

Indefinate Leave to Enter, same as ilr but given outside the uk.

kol - knowledge of language and life' or 'life in uk' test.

http://lifeintheuktest.ukba.homeoffice.gov.uk/

[chinee]

Hi there James, I'm just wondering what are the grounds for refusal the first time you applied? My husband has been away from us for almost 6 months now, but he is still unemployed. We lodged our application on 28th of April. We are still hopeful that I can get a visa. We are just relying on money from our properties. We have stayed here in the Philippines for almost 4 years. We just need to leave due to security reasons, especially for my husband.

Hopefully decision will speed up next week as the training in the embassy will be over on the 20th this month. Good luck with your application:xxgrinning--00xx3:

[Jamesstott]

Thanks Chinee. And goodluck yourself too.

Well the first time it was refused because we were told we didn't know each other long enough and they didn't think relationship would last
Cannot remember why we were refused the second time.

[Englishman2010]

Hi James, welcome to the forum:)
I can't answer your questions myself, but there are many people on here who can. I hope you get everything sorted out very soon:xxgrinning--00xx3:

[Jamesstott]

THe thing is, my wife has never been to the UK.

She has applied for a SETTLEMENT visa, is that the right one? She said SPOUSE visa is the same as SETTLEMENT.

I disagree, and think she should have applied for a SPOUSE VISA.

I thought settlement visa was for when you have ALREADY lived in the UK for 2 years. I think she is confusing it when people say SPOUSE SETTLEMENT.

[chinee]

Hi james, thats the right one, its called spouse/civil partner settlement visa.

[sars_notd_virus]

welcome to the forum James, hope your spouse and children get their visa soon...:xxgrinning--00xx3:
btw are you a filipino?

[Jamesstott]

No I am British, my wife is filipino, and my two children (born in the Philippines) are registered as British and already have British passports.
I am 36 and my wife is 32

[sars_notd_virus]

goodluck

[Arthur Little]

You've been married since 2004, James ... so they can hardly refuse your wife entry on the grounds of "not knowing" one another well enough by now! :nono-1-1: Plus ... you have two children - each with his and her own British Passport - so 3rd time lucky, eh?

:welcomex: to this friendly, online site ... and please keep us informed of developments. :xxgrinning--00xx3:

[Jamesstott]

Hi Arthur,

TBO my main concern is "sufficient fund to live on".

As I understand after deducting housing costs such as rent/mortgage and Council Tax, your net income (after tax) must be at least (£102.75 for a couple + £57.57 per child x 2) for you to be able to sponsor your family. This is PER WEEK.

However currently I am only about 1/4 of that at the moment. This is the main reason I am worried.

[chinee]

Hi James, just wondering if you heard anything yet? consulate called me today. The thing that worries me a lot is I overstayed in the UK for 3 years. That was the firm question of the consul over the phone interview, why did I overstay on a 1 month visa! now I am really nervous.... He asked me why and I said I had to unfortunately stay for that long as I eventually got pregnant, needed to deliver and needed to wait a bit before I take my child and husband home.... He also asked me if I intend to work which I said that I am willing to. Still hopeful! :NoNo:


Any advise Arthur? Do you think I still have a chance?:doh

[Jamesstott]

Hi James, just wondering if you heard anything yet? consulate called me today. The thing that worries me a lot is I overstayed in the UK for 3 years. That was the firm question of the consul over the phone interview, why did I overstay on a 1 month visa! now I am really nervous.... He asked me why and I said I had to unfortunately stay for that long as I eventually got pregnant, needed to deliver and needed to wait a bit before I take my child and husband home.... He also asked me if I intend to work which I said that I am willing to. Still hopeful! :NoNo:


Any advise Arthur? Do you think I still have a chance?:doh

Hi Chinee, yes, today my wife got the following email "Your visa will be despatched shortly. Passports can normally be collected from the Visa Application Centre after 3 days. Applicants in Australia and New Zealand should allow 3 days before tracking their documents via the local post. UKBA-Manila Visa Hub".

As far as I understand, this DOESNT prove she has a visa yet?

[chinee]

Hi James, yes.... Same with me, still not sure what their decision is.... We received the text the same day! Good luck to us! Will pick up mine on Monday 2-3 pm. Fingers crossed it's good news for us!

[abbymons]

Good luck, Chinee and James!

[Jamesstott]

Good luck, Chinee and James!

Thanks abbymons.

Goodluck to you Chinee. Hopefully next week we will both have good news

Until then, its going to be a loooooooong nervous wait

[Nick30]

Good luck to you both James and Chinee. You shouldn't be nervous about it. It should be an exciting time once you lodge the visa and you should stay positive and trust in our Lord God. Praying for all visa successes on here including myself and Ursula. I'm so excited for my mahal who could be coming at the end of the year and we're so positive thinking "We can do this" Such an exciting moment and we chat every evening almost :D Just show the visa people and convince them. We can all do it :D

[chinee]

We received different text. Just wondering why, could it be that mine is for collection and the others are through courier? now thats made me even more worried.... :NoNo:

thanks nick! :)

[Jamesstott]

We received different text. Just wondering why, could it be that mine is for collection and the others are through courier? now thats made me even more worried.... :NoNo:

thanks nick! :)

Yes I think it is.

QUESTION - if my wife DOES get a Visa, do she have to travel within a certain time limit??????

[chinee]

Yes I think it is.

QUESTION - if my wife DOES get a Visa, do she have to travel within a certain time limit??????

Make sure she travel's within the month just to make sure, as my solictor told me, they have a client who was sent back coz they waited 2 months. They made them write a letter stating why, but i guess it would be case to case basis.

[chinee]

hi james, any news? will collect mine today at 2pm.....:Bricks:

[joebloggs]

Yes I think it is.

QUESTION - if my wife DOES get a Visa, do she have to travel within a certain time limit??????

she can stay in the phils upto 3 months after the date the visa is issued and it will not effect her application for ILR at all. (actually she will be given a 27 month visa, but needs to be in the UK basically 23 months to be able to apply for ILR without having to apply for FLR) so in fact she could wait 4 months, but stick to max of 3 to avoid any problems.


Make sure she travel's within the month just to make sure, as my solictor told me, they have a client who was sent back coz they waited 2 months. They made them write a letter stating why, but i guess it would be case to case basis.

they didnt have to go back, just needed to apply for FLR b4 their settlement visa expired.
that could have been a problem when visas were valid for 24 months, thats why they changed them to 27 months visa a year or so ago.

[Jamesstott]

hi james, any news? will collect mine today at 2pm.....:Bricks:

Hi Chinee, only this so far

"Your processed visa application dispatched to you via 2GO Aboitiz on 05/23/2011"

[chinee]

That's great. Got mine today! All worth the wait. Will leave in a few weeks!:)

[Arthur Little]

why did I overstay on a 1 month visa! now I am really nervous.... I had to unfortunately stay for that long as I eventually got pregnant, needed to deliver and needed to wait a bit before I take my child and husband home....

... completely understandable in the circumstances! ;)


Any advise Arthur? Do you think I still have a chance? :doh

I've only just noticed this post ... having already read that your visa has since been granted. So NO more worries now, eh? :)

[chinee]

Thanks athur! such a relief..... Now lots of hard work ahead... Need to empty our condo here and sell... PHEW! So happy!

[Arthur Little]

Hi Chinee, only this so far

"Your processed visa application dispatched to you via 2GO Aboitiz on 05/23/2011"

That's [usually] always good news, James ... be sure of it! :xxgrinning--00xx3:

[Jamesstott]

well done Chinee

[Jamesstott]

Wife has got her Visa - woohoo. Thought I was going to pass out from the tension.

[joebloggs]

Wife has got her Visa - woohoo. Thought I was going to pass out from the tension.

:xxgrinning--00xx3: great news :Jump:

[Nick30]

Amazing news :D I'm so happy to hear.

[Jamesstott]

BTW everyone, my wife wants to thank everyone on these boards. Though not a member, she gained LOTS of valuable information and it helped.

[chinee]

Thats great news! Congratulations!:xxgrinning--00xx3:

[jeanelovesdeano]

Wife has got her Visa - woohoo. Thought I was going to pass out from the tension.

congratulation james..its great to hear that good news from you.will be lodging my visa application soon..can i ask if how did u manage that your wife's visa application was approved?hope u could share it with us..did u put more savings in your bank?or did u show evidence of your properties?
hope to hear from you..thanks .warm regards

[DaveUK]

Congratulations mate! :xxgrinning--00xx3:

[Terpe]

Congrats to you both on visa approval. :xxgrinning--00xx3:

[Jamesstott]

congratulation james..its great to hear that good news from you.will be lodging my visa application soon..can i ask if how did u manage that your wife's visa application was approved?hope u could share it with us..did u put more savings in your bank?or did u show evidence of your properties?
hope to hear from you..thanks .warm regards

Basically gave 7 months of gas, electric, council tax bills + wage slips. Also stuff like TV licence.
Also gave 7 months of bank transactions.

Also waited until I was in an emotional mood one night and wrote my application letter stating how we met, why I wanted them in the UK. Also explaining why I had to leave so many times (work).

Also about 2 wedding photos, and two other photos. Wedding certs, kids birth certs, all my old passports (had about three of them with all the visa stamps).

Proof of where we would live, proof it was big enough ie 2 bedrooms, a letter of application for my daughter to go to the local school etc etc.

[joebloggs]

Basically gave 7 months of gas, electric, council tax bills + wage slips. Also stuff like TV licence.
Also gave 7 months of bank transactions.

Also waited until I was in an emotional mood one night and wrote my application letter stating how we met, why I wanted them in the UK. Also explaining why I had to leave so many times (work).

Also about 2 wedding photos, and two other photos. Wedding certs, kids birth certs, all my old passports (had about three of them with all the visa stamps).

Proof of where we would live, proof it was big enough ie 2 bedrooms, a letter of application for my daughter to go to the local school etc etc.

sounds like you had covered everything, you made it difficult for the embassy to find any reasons to refuse your visa app.:D

[Jamesstott]

My wife says she needs now a FCO stamp. I am also giving her a letter explaining that she has my permission to fly to the UK with our kids (just in case she is stopped).

Can anyone think of anything else we need? Kids have both British and filipino passports.

[kate_th]

well done.. its like u won the:Hellooo::Hellooo::xxgrinning--00xx3::xxgrinning--00xx3: jackpot...... congratulations.....!!!!!!

[Jamesstott]

well done.. its like u won the:Hellooo::Hellooo::xxgrinning--00xx3::xxgrinning--00xx3: jackpot...... congratulations.....!!!!!!

Hopefully my Euromillions will come up now :)

Another question, is my wife permitted to work when she arrives, does she have to wait a certain amount of time before she can work?

[Terpe]

Hopefully my Euromillions will come up now :)

Another question, is my wife permitted to work when she arrives, does she have to wait a certain amount of time before she can work?

Your wife will have unrestricted permission to work and/or study in the UK.
She may also leave and enter the UK without any further need for permission.

Can't say anything about EuroMillions. But I WISH :)

[rusty]

Another question, is my wife permitted to work when she arrives, does she have to wait a certain amount of time before she can work?

As she is here on a spouse visa, she can start work now. :xxgrinning--00xx3:

You will need to apply for a national insurance number for her.

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/Taxes/BeginnersGuideToTax/NationalInsurance/IntroductiontoNationalInsurance/DG_190057

[Jamesstott]

Ok another few questions.

Although my wife gets here, she is not entitled to benefits,(NO RECOURSE TO PUBLIC FUNDS) ie child benefit, unemployment benefits etc etc, but I AM.

So when I fill out forms for Child Benefits, Child Tax Credits, Working Tax credits and so on, do I put down my wife on the form?
Because if I do it looks like she is claiming benefits, if I DON'T its looks like Im a benefits cheat, pretending to be single with 2 kids

Does anyone know how to do it properly?

[Bluebirdjones]

Yes, you do need to add your wife to the forms, otherwise they'll view you as a single parent.... and when they realise their mistake at a later date will try & reclaim the money from you (even though you are entitled to it !).

I suggest you also add a covering letter explaining your circumstances... ie wife has no recourse to public funds, with a copy of the visa page in her passport.

:xxgrinning--00xx3:

[joebloggs]

the tax creds forms will ask for your wifes details and yours, and it will ask who is making a claim, just tick the box that you are and leave your wifes box unticked.

the fact is your wife could claim the benefits in her name and is entitled to becuase she is married to a british citizen, but some UKBA staff dont know the rules and regs, so to minimise the risk of wasting time and money trying to sort any problems out if your wife claimed it, just claim it in your name :rolleyes:

[jeanelovesdeano]

Basically gave 7 months of gas, electric, council tax bills + wage slips. Also stuff like TV licence.
Also gave 7 months of bank transactions.

Also waited until I was in an emotional mood one night and wrote my application letter stating how we met, why I wanted them in the UK. Also explaining why I had to leave so many times (work).

Also about 2 wedding photos, and two other photos. Wedding certs, kids birth certs, all my old passports (had about three of them with all the visa stamps).

Proof of where we would live, proof it was big enough ie 2 bedrooms, a letter of application for my daughter to go to the local school etc etc.


hi james , thank u for the information. Can I ask if how much savings did u reflect in your bank statement and how many months of payslip did u submit?are u renting an apartment?

hope u dont mind me asking this question. We are planning to apply for visa soon. hope to hear from you..thanks

[Jamesstott]

My bank had just over 2,000 UK pounds in it, but we also proved we owned 2 houses in the Philippines. I am renting a house in the UK.

I also gave 7 months of EVERY bill I had, ie gas, electric, council tax, tv licence. I also printed off 7 months of bank statements online.

I also gave a letter of response from our local school when I applied to put my daughter there.

I also gave them THREE of my expired passports and also one of my new ones (I have two) with all the visa exits and entries I had.

[Jamesstott]

Does my wife need an official letter or something if she is flying with our kids?
Both kids have British passports.

I sent her a basic email saying that she has my permission to take the kids out of the county, is that enough?

[jeanelovesdeano]

hi james

can i ask if how much disposable income did u have ?and how much income had reflected in your payslip?do u receive work tax credit ?how much is ur rent in your house? hope to hear from you..thanks

[Jamesstott]

Disposable income, ie after rent etc? less than 50 quid a week. Claiming no benefits beforehand, but will now they are here, as the kids are entitled to them, same with working tax etc.

Rent is £615 but hoping to buy a house just after Christmas.