Advice or suggestions needed

[nashslash]

Ok, I found this site online and am looking for some advice really.
Right firstly I’ll have to set the scene.
I am a British citizen married but separated and went to live in Thailand in early 2010.
I met a Filipina staying in Thailand on a tourist visa.
We became GF and BF. We stayed together as such. In February this year we gave birth to a baby girl. In Thailand the child does not get automatic citizenship so we decided to register her as British as our long term plan was to return to the UK.
Money started running dry in August this year so we decided for her to return to the Philippines (as she could not have applied for a visa from Thailand) and I was to return to the UK with our daughter.
So our current situation is that I live in the UK with our 9 month old daughter as a single parent and my GF is living back in the Philippines.
I am currently looking for at least part time employment, have started the divorce proceedings with my ex-wife.
My GF is living at home in the Philippines currently looking for work not an easy task as she lives in the middle of nowhere.
Obviously I want to be with my GF as soon as possible and certainly my GF want to be with me and reunited with her daughter again.
WHAT VISA could anyone recommend we should go for?
Wait for my divorce and apply for a marriage visa?
Family visit visa?
Tourist visa?
I know this is going to be a difficult one, because as soon as she applies and they realize she has a daughter here already they will suspect that she will not return to the Philippines after her visa expires.
Any suggestion or what kind of visa we should apply for and any ideas or thoughts you have would be greatly appreciated.

[imagine]

hello nashslash, welcome to the forum, your case a bit tricky, there will be others along that can give you better advise than i can, i wish you luck with this

[grahamw48]

Hi, and welcome to the forum. You've come to the right place. :xxgrinning--00xx3:

If it was me...marriage (spouse) visa.

First off, get the divorce sorted and copy of decree absolute. You will go no further without it.

Next, get yourself a good steady job with a decent income and start saving.

[nashslash]

Just wondered if there were any additional grounds of applying for any particular visa as it would definitely be on the grounds of best interest of the baby?

[grahamw48]

IMO.

Go the spouse route...or fiancee if you really have to.

Other ways likely to be complicated, messy and expensive... and unlikely to succeed.

Our authorities are not interested in your baby (from visa point of view)...sorry to say.

[Terpe]

Just wondered if there were any additional grounds of applying for any particular visa as it would definitely be on the grounds of best interest of the baby?

Has someone mentioned this to you, or have you read something?

There are grounds relating to rights of access to a child resident in the UK. From the information you have provided this route would not be applicable in your case.
No consideration will be given without appropriate legal Orders issued by a UK court.

[elvie89]

if i were you,i would go for a spouse visa just like graham i know it would be a waiting game but im sure its worth in the end!!best of luck..

[Bluebirdjones]

He cannot go for the spouse visa as he's not yet divorced, and hence, not yet married.

There's no easy solution to this.
Whichever way you decide to plan it is both difficult & long.

Look at the facts.....
You need to get divorced... which means you have to remain here and see that process through, and also earn money to see that process through.

You need to earn money,...... to pay for the divorce, to pay for the spouse / fiance visa in due course, to help in the upkeep of your daughter.

You cannot earn money in Phily, so that neccesitates staying here

You cannot earn reasonable money (for the visa, to satisfy the ECO) if you're only working part-time.

With a small child, working full time is impossible.

so .......

You either have to get your folks to look after the child, or the child has to return to her mother.

You then work full-time.....the divorce goes through..... you then fly to the Phily & get married...... you return & apply for a spouse visa.

Perhaps a business-like way to view it ...... but perhaps it have to be viewed that way.

Really, really difficult choices to make. Just glad I'm not in the same situation & I feel for you.

Best wishes on what you decide.

[RickyR]

If you feel that it may take an extended period of time for the divorce to be completed, you may consider speaking to an immigration lawyer about any unconventional ways to resolve the situation.

[joebloggs]

may be possible http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/idischapter7/section1/section1.pdf?view=Binary

also , if you could go and live in the phils for 2yrs ?
http://www.visalogic.net/united-kingdom_uk-unmarried-partner-visa_pie.aspx?t=4&t2=24

[elvie89]

Thats why he have to wait for his divorce to be settled and wait till they can make a moved then go for spouse visa...would be better i think...

[nashslash]

Thanks for all the advice. Shortly I think we will attempt to apply for a tourist visa at least. I’ve told her and told her, but can someone please put it in as simple English as possible what will be expected from her to apply for a tourist visa. I have explained that she at the minimum will need a full time job and to be able to show proof of income including bank statements and a letter from her employer when she decides to apply for the visa? However, after speaking with friends she seems to think that a few letters showing power of attorney over some land is sufficient. I have told her already this will not do.

[andy222]

Bloody hell mate and here is me worrying about a spouse visa. I dont think she has much chance of coming here on a tourist visa. She has to prove that she has something to go back home to. As your her bf and you both have a baby here the border agency will look at that and think she will stay here. Best route is like the others have said get a steady job and go there and marry her then apply for a spouse visa. Its going to be hard mate but I see no other way. All the best.

[ConfusedMe]

Better to get the divorce paper sorted first. Then look for a job and save (you can use this as one of your requirements) and once all these are done, you can proceed with the fiancee visa...

This is going to be a long process but for the mean time, I think that's the best way. You can visit your GF back in Pinas and it is cheaper that way:)