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sheldon1
23rd February 2012, 14:46
Hi all. i am currently considering making my application to bring over my wife and children to uk on a spouse visa. It wont be before april so hope things dont change too much my salary before tax is in £20,000 a year ball park so i am hoping if the ukba raise the the salary threshold i will be safe, lets see!.

My issues. I have been supporting my wife and children now for 6 years rent, clothes, food etc which comes to over £300 a month. Sometimes more at xmas and birthdays. Will the ukba take this into account when i make my application? obviously i wont have to fork all this out when they are here. After i pay my rent, debts, etc i find myself using my overdraft so i am in minus funds.

I have inheritance from my father £3000 that my mother has held for me and i am going to transfer that money into my account next month so my bank will be then healthy.

l have support from my local mp who says that even if i am in overdraft and can show that i have supported my family on a regular basis i can make the application now before april but i dont want to be hasty the mp says i have a human right to be with my family. There is no way to check this as the ukba site do not discuss it? Please advise

The visa fees now are £810 x 3 will i get a reduction for under 6 years?

Last. Do i fill in a vaf 4a form x 3 has its not really relevent for children the questions are based on adult information, it does not advise about this, just says seperate application.

If anyone has been in my situation i would appreciate any advice.

Ta
sheldon

lastlid
23rd February 2012, 16:06
The visa fees now are £810 x 3 will i get a reduction for under 6 years?



I have jested on here about buy one get one free. But I get the impression that one has to pay out in full with no discount which isn't good / hard on someone in your position. The less I say the better, but I hope you can get some discount or waiver of fees.

Unfortunately I dont know enough about these things to help you but I know there are folk on the site that surely can, if you wait for a bit.. Good luck.

Also, dont rule out emailing the UKBA or even VFS. I had a tricky question with regard to Manx CNI's (as they are a little bit different) and I got the answer I needed directly from the UKBA, with several emails and a few phone calls.

lastlid
24th February 2012, 16:51
Anyone able to help Sheldon? I think this one has slipped through the net....

sheldon1
24th February 2012, 18:31
I have jested on here about buy one get one free. But I get the impression that one has to pay out in full with no discount which isn't good / hard on someone in your position. The less I say the better, but I hope you can get some discount or waiver of fees.

Unfortunately I dont know enough about these things to help you but I know there are folk on the site that surely can, if you wait for a bit.. Good luck.

Also, dont rule out emailing the UKBA or even VFS. I had a tricky question with regard to Manx CNI's (as they are a little bit different) and I got the answer I needed directly from the UKBA, with several emails and a few phone calls.

thanks i really appreciate any help anyone can give
sheldon

sars_notd_virus
24th February 2012, 18:54
The visa fees now are £810 x 3 will i get a reduction for under 6 years?

I dont think you will get reduction for the visa fees



Do i fill in a vaf 4a form x 3 has its not really relevent for children the questions are based on adult information, it does not advise about this, just says seperate application.


yes you need to fill and submit 3 separate application form and visa fees



I have been supporting my wife and children now for 6 years rent, clothes, food etc which comes to over £300 a month. Sometimes more at xmas and birthdays. Will the ukba take this into account when i make my application? obviously i wont have to fork all this out when they are here. After i pay my rent, debts, etc i find myself using my overdraft so i am in minus funds.

I have inheritance from my father £3000 that my mother has held for me and i am going to transfer that money into my account next month so my bank will be then healthy.

Explain everything on your covering/sponsor letter ... fingers crossed to a succesful visa application for your family!!

Terpe
24th February 2012, 20:34
Hi Sheldon


Hi all. i am currently considering making my application to bring over my wife and children to uk on a spouse visa..............
Do i fill in a vaf 4a form x 3 has its not really relevent for children the questions are based on adult information, it does not advise about this, just says seperate application.


If these are not your biological children then 3 applications will need to be made. Your wife will need to include the details of the children on her entry visa application form. Each of the children will also need to submit entry visa application. (3 visa fees also) Each on a separate form.
I know what you mean about the VAF4A form, it's not well designed. It'a a generic one-size-fits-all (but actually doesn't)


Will the ukba take this into account when i make my application? obviously i wont have to fork all this out when they are here

The ECO's know what to look for, but mistakes do get made. Please do everything to minimise the risks.
My advice would be to include this information in your sponsor's supporting letter. The application form also requests this financial information.


After i pay my rent, debts, etc i find myself using my overdraft so i am in minus funds.
As it stands right now it's not advisable to submit bank statements in OD. The ECO will think you are living beyond your means and will need to balance out the funds you are already remitting to your wife. Not saying it's a reason for refusal, just saying it highlights areas for detailed investigation.
ECO's generally know 'whats-what' but they are not accountants. Try to always Keep the supporting evidence simple and compliant.
Having said that, we have no idea just how finacial standing will be tested in the future.
If may just be a question of meeting the set income threshhold. Better to put yourself in a compliant position according to the rules now and tyhen just see what come around.


I have inheritance from my father £3000 that my mother has held for me and i am going to transfer that money into my account next month so my bank will be then healthy.

Again, as it stands right now, the ECO will want an explanation on any significant deposits to your bank account. Make sure the explanation is included in your sponsor's letter.It will not present any problem if explained.



.....the mp says i have a human right to be with my family. There is no way to check this as the ukba site do not discuss it? Please advise..

The Human Rights Act Article 8 (Right to Respect for Private and Family Life)
If you have an interest here is a link to read:-
http://www.yourrights.org.uk/yourrights/the-human-rights-act/the-convention-rights/article-8-right-to-respect-for-private-and-family-life.html

This act does not make any provision for family immigration against UK immigration rules. The focus is on disruption to family life that already exits within the EU

I don't know the specific details of your circumstances, but in the case you are not the bio father, but you may need to consider what other documents will be required to allow the children to leave the Philippines.Anyway, just something to think about.

The applications must be made online from the Philippines, each application is reviewed on it's own merits and I would strongly urge you to write a supporting letter for each application. You should cross reference each application in your writing and request that all applications be reviewed together. Often that will work, but sometimes it does not.
In my opinion it's always better to cover the risk that the applications will not be reviewed as a bundle and supply supporting docs for each, even though there will be plenty of duplications.
Many people may suggest that's OTT and not needed, and may even have been granted a visa anyway. That's fine for them. I always believe in minimising risks.

If you do as I advise and I am wrong you will still get the visa's. If you do the opposite and it's wrong you may well be refused.

Sincere best wishes for the applications Sheldon.

lastlid
24th February 2012, 21:01
I always believe in minimising risks.



You should have engineered the Titanic, Terpe.

Are you sure you aren't an Immigration Adviser in disguise? Difficult to tell you are an engineer. :D

I mean that as a compliment.

sheldon1
25th February 2012, 17:09
Thank you terpe much appreciated. If i am refused that i will guarantee you i will fight this all the way, using every avenue of media help that i can. This will be a test case.
The visa fees are due to go up from £810 to £826 i can handle that, but i thought i would get a reduction. My main argument is that its costing me the earth to keep them out there, private school fees rent etc, if they were here my bank would be far more healthier. The children are mine by the way. Lets see what happens, and lets get ready to rumble.
W.H. A. T.C.H. T.H.I.S. S.P.A.C.E
THANKS

Terpe
25th February 2012, 17:59
Thank you terpe much appreciated. If i am refused that i will guarantee you i will fight this all the way, using every avenue of media help that i can. This will be a test case.
The visa fees are due to go up from £810 to £826 i can handle that, but i thought i would get a reduction. My main argument is that its costing me the earth to keep them out there, private school fees rent etc, if they were here my bank would be far more healthier. The children are mine by the way. Lets see what happens, and lets get ready to rumble.
W.H. A. T.C.H. T.H.I.S. S.P.A.C.E
THANKS

Sheldon,
If the children are yours, then if they haven't already got British passports you should immediately get that sorted.
No visa's needed for British Passport holders.

joebloggs
25th February 2012, 19:00
Sheldon,
If the children are yours, then if they haven't already got British passports you should immediately get that sorted.
No visa's needed for British Passport holders.

:xxgrinning--00xx3: if your the bio father get them british passports, its costing more than you think if they were in the UK you could have got child benefit (£130-ish) a month and maybe tax creds.

marikistin
25th February 2012, 22:12
sir terpe and sir joe are true and correct, if they were your kids then you dont need to apply them visas, better yet get them british passports. thats cheaper than 810 pounds and the requirements is less stressful to complete, i think.
but sir terpe and sir joe i would just like to be enlighten as i have read somewhere,and i forgot what site that was or even what article:NoNo: that if you have a 2nd and 3rd child you outside the UK wont be able to pass them your british nationality, is that true?
sheldon, can i also ask, in that 6 years you are away with your family have you ever came back to visit them even for a few days or weeks, coz would it not be a gray area for the application if you havent visited them for a long time.
wish you luck and your family when you apply for the visa.

Terpe
25th February 2012, 22:55
......but sir terpe and sir joe i would just like to be enlighten as i have read somewhere,and i forgot what site that was or even what article:NoNo: that if you have a 2nd and 3rd child you outside the UK wont be able to pass them your british nationality, is that true?
................

Hope this helps to answer you question:-


Acquisition of British citizenship

British Citizenship can be acquired in the following ways:
1.lex soli: By birth in the United Kingdom to a parent who is a British citizen at the time of the birth, or to a parent who is settled in the United Kingdom
2.lex sanguinis: By birth abroad, which constitutes "by descent" if one of the parents is a British citizen otherwise than by descent (for example by birth, adoption, registration or naturalisation in the United Kingdom). British citizenship by descent is only transferable to one generation down from the parent who is a British citizen otherwise than by descent, if the child is born abroad.
3.By naturalisation
4.By registration
5.By adoption

Source:-
http://en.wikipedia.org/wiki/British_nationality_law#Children_born_abroad_after_1982_to_British_mothers_or_to_British_fathers_before_or_after_1983

joebloggs
25th February 2012, 23:29
but sir terpe and sir joe i would just like to be enlighten as i have read somewhere,and i forgot what site that was or even what article:NoNo: that if you have a 2nd and 3rd child you outside the UK wont be able to pass them your british nationality, is that true?

Basically, if one parent is British and born in the UK eg a British citizen otherwise than by descent any child born outside the UK should automatically be British by descent, when that child grows up if that child has children born outside the UK, they will not automatically be British. if they are born in the UK they will be, but if they are not there are other ways they can become British.

but if you mean only your first child can be british, not true, there is no number or limit,

Arthur Little
26th February 2012, 09:13
Explain everything on your covering/sponsor letter ...

... that's what I'd suggest [normally] ... BUT... as Terpe points out in #6 - Paragraph 3 - submitting bank statements that are overdrawn is inadvisable.

sheldon1
26th February 2012, 09:41
Both children are mine. if i was to get british passports for my children i would have to return to the philippines its lengthy and not cheap. I would also have to give up my job here in uk which is really defeating the object really.

I dont think i could register them here whilst they are still in the philippines. very costly but i have looked into it. Finally i visit my kids every year and spend as much time with them as possible, usually about 4 to 5 weeks. I have done this since birth. my wife also has visited me here in uk on a visit visa, but without the children, now i feel its time to bring them over. So many different stories i have heard, and i know people who have got visas for there kids and spouse less qualified than me. I am trying to cover all avenues. Its very stressful though!!!!.

rusty
26th February 2012, 10:06
Both children are mine. if i was to get british passports for my children i would have to return to the philippines its lengthy and not cheap. I would also have to give up my job here in uk which is really defeating the object really.

I dont think i could register them here whilst they are still in the philippines. very costly but i have looked into it. Finally i visit my kids every year and spend as much time with them as possible, usually about 4 to 5 weeks. I have done this since birth. my wife also has visited me here in uk on a visit visa, but without the children, now i feel its time to bring them over. So many different stories i have heard, and i know people who have got visas for there kids and spouse less qualified than me. I am trying to cover all avenues. Its very stressful though!!!!.

I can not see anywhere where it says that you have to be the one to submit the application. As long a you have all the requirements then the mother should be able to apply.

There is a passport enquiries helpline (+44) 208 082 4744. Give them a call to see if this is possible.

http://ukinhongkong.fco.gov.uk/en/help-for-british-nationals/passports/how-to-apply/philippines/first-time-applications#where