confused...

[angelsweet]

Good day everyone!:)

I have seen this site before and read a few threads. And after a few months, Im back to ask a question about our situation.

I am married last December 2005 to an Australian/British citizen. (Aussie dad/English mum) He was born in Australia but spent like 25yrs of his life in Wales.
When we got married, we secured a CNI from Aus Embassy and got marriage license for us here in the Phils. As I am preparing our evidences and documents needed for an application of spouse visa in Australia, ( I am reading a Filipino-Australian forum like this) his plans have changed. :doh
Because his mum wants us to live in Wales, he now wants me to search about how to migrate in UK. He is planning to go back here in Philippines for a few months and might go straight in Wales and wait for me(he will secure his British visa b4 he leaves Aus). There is a vacant house that his mum owns and his mum wants us to occupy it.

My question is, can I be approved of a spouse visa there if he used Aussie CNI? What documents do we need to secure in lodgin the visa? (NSO marriage contract,mariage licenses, money transfers and I got a few post mail but all were addressed to Australia, emails, chats, pictures of his 2week stay before) And any other additional docs? and how to lodge the visa?

Thanks in advance...i will be eagerly waiting for ur replies.....

[ginapeterb]

Hello angelsweet, its an interesting question you have posted, one I would love to get my teeth into !,

Firstly, it does not matter regarding your marriage arrangements, that has been dealt with, you stated you married in 2005, the CNI you obtained from the Australian authorities is valid, and as you have already married in the Philippines you have satisfied all the criteria of the Philippine family code, so that is not an issue you should be concerned with.

The only issue I can see regarding your situation is your husband's residency requirement.

What is not clear to me in your post, is your husbands citizenship ? is he an Australian citizen ? citizenship for the UK is not the overriding factor in a settlement visa for you to come to the UK.

Your husband has to be presently settled and living in the UK, before you may apply to the British Embassy in Manila, for a settlement visa for yourself to come to the UK and live.

What passport is your husband using ? is it an Australian passport ? or does he have a valid British Passport ?

Did he acquire British Citizenship as you state his Mother is English, but his Father is Aussie, citizenship via descent is normally through the Father, and not the Mother, your husband may have been registered as a British Citizen through his Mother, and has right of abode, if he does have right of abode, then he needs to be presently settled in the UK first before you apply for your settlement visa.

Before I can make a full determination of your situation, you need to answer the other questions.

When you have replied, I will give you a more detailed opinion, of course if anyone else wants a go they are welcome.

[angelsweet]

Hello angelsweet, its an interesting question you have posted, one I would love to get my teeth into !,

Firstly, it does not matter regarding your marriage arrangements, that has been dealt with, you stated you married in 2005, the CNI you obtained from the Australian authorities is valid, and as you have already married in the Philippines you have satisfied all the criteria of the Philippine family code, so that is not an issue you should be concerned with.

The only issue I can see regarding your situation is your husband's residency requirement.

What is not clear to me in your post, is your husbands citizenship ? is he an Australian citizen ? citizenship for the UK is not the overriding factor in a settlement visa for you to come to the UK.

Your husband has to be presently settled and living in the UK, before you may apply to the British Embassy in Manila, for a settlement visa for yourself to come to the UK and live.

What passport is your husband using ? is it an Australian passport ? or does he have a valid British Passport ?

Did he acquire British Citizenship as you state his Mother is English, but his Father is Aussie, citizenship via descent is normally through the Father, and not the Mother, your husband may have been registered as a British Citizen through his Mother, and has right of abode, if he does have right of abode, then he needs to be presently settled in the UK first before you apply for your settlement visa.

Before I can make a full determination of your situation, you need to answer the other questions.

When you have replied, I will give you a more detailed opinion, of course if anyone else wants a go they are welcome.


Thanks for ur reply GinaP:)
My husband has a dual citizenship both Aussie and British. Since he changed his second name before we got married, he acquired a new passport and certificate of name change before he went here.

Now since the plans are changed. He is planning to send his passport to British Embassy in Aus to have a Right of Abode visa before he goes here in the Phils.

U mentioned he needs to be present and settled? meaning he cant get me there til he is there? he thought we can go there together....
Please enlighten me....

[ginapeterb]

I see ok well if your husband is in Australia, my suggestion is that he contacts the British High Commission in Canberra, ( Commonwealth Countries have a High Commission and not an Embassy).

He should find out from the High Commission the procedure for you, it maybe that as he is in Australia, although he may be a British Passport holder, the fact that he is not currently residing in UK, may be a stumbling block, I think your husband needs to clarify his residency position with Commission staff first before you make any applications to the British Embassy in Manila.

As it appeas you yourself are in the Philippines, the application to come to live in the UK, is based on " Being the spouse/Fiancee of someone presently settled in the United Kingdom"

In answer to your last question ? you lead me to beleive you are going to Australia first before coming to the UK ? First would need to apply to the Australian Embassy in Manila for your right to enter that country as the wife of an Australian Citizen, and obviously at this forum, we do not give advice on Australian Immigration procedures.

Once having done that, if you are in Australia, then you would both be available in Australia to commence your application to come to the UK, that might be far easier for you, than doing it in the Philippines, it makes sense that once having obtained an Australian Spouse visa, you would then be in a better position to apply at the British High Commission in Canberra, to obtain your UK Entry Clearance Visa.

I hope this helps, but you have a long road to travel, good luck with it

[Pauldo]

He should find out from the High Commission the procedure for you, it maybe that as he is in Australia, although he may be a British Passport holder, the fact that he is not currently residing in UK, may be a stumbling block, I think your husband needs to clarify his residency position with Commission staff first before you make any applications to the British Embassy in Manila.


When my wife applied for UK settlement (five years ago) I had not actually lived in the UK for over 12 years. This didn't seem to phase the interviewing lady, and didn't even warrant a formal interview, just a quick standup interrogation at the counter. (I was actually with her during the interview, though this has all changed now.)

Proof that we actually had somewhere to stay in England, or the means to provide such, seemed to be the main area of interest.

[angelsweet]

Gina, thanks for your replies. I want to clear that as I was preparing papers and reading forums for Aus Immigration. (my papers arent done yet,I still need to correct my birth certificate problem...wrong year of birth:bigcry: im just collecting all evidences of our relationship and constant communications)
And while I was getting lots of infos abt Aus Visa, my husband said it would be easier if we will just migrate to UK as his mother wants us to live there, so there... I need to read forums for Uk instead of AUs as we will live there instead of Aus.

Pauldo, thanks also for the info. Where did ur wife live when she applied for Uk visa? Are u apart like us? (Me in Phils and husband in Aus?)