Chances of success ?

[drknot]

Good morning all.

Can some of the more seasoned posters see if the following is likely to be accepted.

I am a UK citizen, my wife is a Filipino
We met in 2006 and married in December 2010, we have one daughter born in 2009 (I know)

I currently work full time in the UK for HMRC salary is £17580.00, P60's from last two years show £20,000.00 and £23,000.00 due to overtime/bonus. The P60 for 2012/13 will be approx £23,000.00
I support my wife by sending money each month via moneygram, all receipts etc kept as proof.
I rent privately and have tennancy and letter from landlord confirming ok for her to live here. I also have letter from older brother saying can live with him and his girlfriend if necessary.

Savings currently about £2000.00 by time of next trip will be approx £3500.00

Sticking points
I have not being to Philippines since 2010, but we are in daily contact via yahoo.
Since we met we have travelled to Hong Kong, Thailand, Singapore, China, I have been to the Philippines 9 times to visit her, each time for the 21 days of the visa.

Only applying for a visa for my wife, we have decided to leave our daughter in the Philippines with the rest of the family, as child care costs and the extra visa costs will be prohibitive.

how do you think the application will go?

thanks

[andy222]

Hmmm overtime and bonuses raises its ugly again? And they will question why you havnt seen your wife for 2 years. Its dodgy mate. The guys on here will help you.

[rusty]

Regarding your daughter, if she is your daughter then she will be entitled to a British passport and you will not need a visa for her to enter the UK.

See this thread for details http://filipinaroses.com/showthread.php/40833-Passports-for-Children-Babies?

If there is a reason why you have not visited recently this should be clearly explained in the supporting letter.

The supporting letter is important as it gives you the chance to clarify in more detail the specific circumstances of your relationship.

[Terpe]

.........how do you think the application will go?

thanks

Hi there drknot and welcome here to the forum.

We will certainly try to help you with your understanding of the current rules for visa application of your wife.

Don't be offended, but it's not possible to predict how your application will go solely based on the information you've given. It really comes down to the specific evidence /documents you supply to the key requirements based on your own circumstances.
Do bear in mind that in terms of financial status the key is meeting the £18600 gross income threshold. Savings below £16000 will not count for anything.

You may find it helpful to review this forum thread (http://filipinaroses.com/showthread.php/39740-All-New-Guide-How-to-apply-for-a-Spouse-Partner-Visa)
Check out all the links, especially those that are relevant to any weaknesses in your supporting documents and specifically relating to genuine relationship (bearing in mind the long gap since you last met in 2010)

As an aside, I'm sure it will be of interest for you to also take note of this thread relating to overtime and bonuses (http://filipinaroses.com/showthread.php/40950-finally-my-passport-is-in-my-hand-with-my-REFUSAL-PAPER-)

and also here (http://filipinaroses.com/showthread.php/40957-First-Refusal?highlight=First+Refusal)

At this time there has been no official information regarding clarification, but you may want to hold fire for a few days until it's resolved.

[joebloggs]

Intervening Devotion If the applicant and sponsor have been separated for a lengthy period of time before the application is submitted (for example, longer than 3 or 4 months), then evidence of intervening devotion should be included. This would normally take the form of telephone records or other forms of electronic communication. If the couple have lived separately for a longer period, travel receipts can be used to show that contact has been continual and proportionate.

If a prolonged separation is the result of mobility issues (which would include military duties or other foreign assignments), this would take the form of assignment letters or similar documentation.

When submitting email or instant messenger logs, it is important to bear in mind that intervening devotion means evidence of contact and not an exhaustive transcript of each on-line session.

[grahamw48]

Only applying for a visa for my wife, we have decided to leave our daughter in the Philippines with the rest of the family, as child care costs and the extra visa costs will be prohibitive.

THIS I cannot begin to comprehend. :NoNo:

[Iani]

I don't know if I'm completely barking up the wrong one here, but the thread about the refusal, and bonus/overtime not being included, well this seems to be in a case where the applicant submitted 7 months wage slips, but the base wage will not eventually add up to the income threshold.

I wonder if by bonus and overtime is included, this relates to the period over 12 months - the annual salary of course, BUT when submitting for less than a 12 month period, this is of course not an annual salary, so they will not take into account the bonus, as it can not be guaranteed (In their opinion).

With proof over the annual salary period - 12 months of course - the bonus and overtime IS guaranteed, because it WAS PAID.

In other words

a. Here is my pay over the last 12 months, it is my annual salary, my base salary is 10,000 and I earned 8,601 in bonus - I reach the threshold, this is what I was paid, here are my wageslips and bank slips for the last 12 months to prove my ANNUAL salary.

ok, here you are - approved.

b. I aren't proving my annual salary yet, but here is 6 months wageslips, I earn 2000 a month before tax, in 12 months I'll earn 24,000 and my employer has sent in a letter confirming my salary.

ok you meet the criteria

c. I aren't providing my annual salary yet, I earn 1000 a month with 1000 overtime a month, here are my 6 months wage slips showing this.

sorry (actually we aren't sorry, we dont give a :censored: actually, but anyway) - refused because your guaranteed salary will be 12,000 and yes you are earning 2000 a month, but 1000 is overtime, and since overtime isnt guaranteed, you might suddenly not earn any for the next 6 months.

This is my interpretation from the guidelines, either I am reading something wrong, or this is the issue. Bonus, overtime or finding 10p in the gutter can be counted, AS LONG as it's all in your annual salary - 12 months salary. It can't be counted as a "I will meet that amount if things keep going on as they are" because in their eyes, overtime is not counted as guaranteed income.

If I'm correct, the thread starter meets the criteria easily as he has P60s and will have wageslips he can just count 12 months going back - or he could even wait until April and have the latest P60 if he wants to play it completely utterly proving safe.

I wouldn't mind feedback on if this is the case.

[lastlid]

Simple solution. Ring around about 6 Immigration advisors. Since July the 9th they will have processed many spouse / fiancee visa applications. Some are guarded but some are not and give away free information in small quantities. Some of you just want to know how you stand with the bonus element of the new regulations. It will cost you nothing to ask. Lead them to believe that you are interested in their services. Once you have gained their confidence they tend to be more forthcoming.

Imply that you would like to use their services but fear that you may fall foul of the regulations on minimum income. See what they say. :xxgrinning--00xx3:

[grahamw48]

I hope they don't read this. :Erm:

[lastlid]

I hope they don't read this. :Erm:

:icon_lol:

[lastlid]

With proof over the annual salary period - 12 months of course - the bonus and overtime IS guaranteed, because it WAS PAID.



I agree with that thinking. But will they? Will they say that you may not get that overtime in the future?

I was in a similar situation with my mortgage applications years ago. Fortunately I managed to convince the building societies that my bonuses were an integral part of my gross income.

[drknot]

Thanks for all the input.

I was planning on applying in April once I have built up my finances some more, so I was going to apply with my most recent p60 as proof of earnings. (Actually as I complete self assessment tax returns I was going to enclose the SA302 tax calculation for 2011/12 and 2012/13 showing gross taxable earnings from employment of approx £23,000 per annum as well as the P60's)

Regarding the break in seeing my wife, I guess a trip in November wouldn't hurt.

thanks again

[lastlid]

Thanks for all the input.

I was planning on applying in April once I have built up my finances some more, so I was going to apply with my most recent p60 as proof of earnings. (Actually as I complete self assessment tax returns I was going to enclose the SA302 tax calculation for 2011/12 and 2012/13 showing gross taxable earnings from employment of approx £23,000 per annum as well as the P60's)

Regarding the break in seeing my wife, I guess a trip in November wouldn't hurt.

thanks again

:xxgrinning--00xx3: