Hello Joceyln my name is Pete, I have been following this thread and your story with interest, and it appears your relationship has broken down, whilst you are living in the Philippines with your husband.
If I am correct, yo are not divorced, but technically separated because your husband now has gone to work in the merchant shipping fleet.
When you lived in the UK, you said you overstayed on your tourist visa, and then you both returned to live in the Philippines and got a local marriage certificate on NSO contract or similar.
As you met on a tourist visa, did you know your husband before you came to UK on the tourist visa ? you state your husband had to move you to Philippines because he has built up significant financial debt in the UK and has done the proverbial runner routine to avoid his creditors.
Am I correct so far ?
So now you are resident in the Philippines, you allege he has committed adultery with someone else on board his ship, which you allege he has now admitted to, and a second occasion, first, your daughter how did she come to the Philippines, you say your daughter is entitled to a British passport, was the child born in Philippines, and at the time, did you and your husband not go to the British Embassy to register your child as a British citizen, even if not having obtained a passport.
Because it seems to me, thats not clear here, secondly, to help you, I think you need for a moment to step back and take stock of your situation before proceeding down on any impulsive quests to enter the UK, sadly as might have been mentioned here by others on the forum, the Human Rights Act does not have any jurisdiction over UK Border and Immigration, because the UK decided to have a red line on that legislation and has for rather obvious reasons opted out of that part of the European Human rights act.
And secondly, which has already been pointed out to you, the right to British Citizenship through the Father's line can obviously be established easily, but the right to live and reside in the UK has no relationship with citizenship.
For example, there are British overseas protected persons, and British overseas Citizens, and many British passport holders around the world, don't necessarily have the right to live and work in the United Kingdom.
Your predicament is quite sad, because when you lived in the UK you met your husband on a tourist visa, but at the time, it appears your husbands actions were ill advised in that he did not insist you return home to the Philippines to apply for entry to the UK in the proper manner, many do this, and find to their detriment that in the future it makes like very hard for them.
As you had overstayed, and you do not indicate unless I have missed it, how long you overstayed, this would bear down heavily on any future application to return to the UK.
Your husband for whatever reason, i.e. financial, has obviously burned his bridges in the UK and does not feel able to come back and make a life for you, and the Philippines has little if any jurisdiction to force a child support order on someone who does not even reside here in the UK any longer, and in any event, your husband may loose the right to any benefits from the DSS if he remains out of the country for a long period.
I think people on the forum are trying to give you their best advices, and sometimes it may be that it comes over that they are being harsh, but i am sure they don't want to be harsh on your case, especially as it appears that much of this is through bad actions of your husband, (Although as a precaution we have your word only to support this), and the predicament he has left you in, and the whole thing appears to be no fault of your own.
Your right to enter the UK as the wife of a British citizen must be on the basis of settlement with someone who is presently settled and living in the United Kingdom, clearly from what you have told us, your husband does not qualify as that person, hence invalidating any chance of you being given entry clearance.
The only way I can see you obtaining UK Entry clearance is on the grounds of compassionate circumstances, and for this, my best advice, is that you should visit the British Embassy in the Philippines and try and put your case to them, again, to apply for any visa's these days is a costly experience, and I am sure your husband will not want to pay, however, what I would say at this point, is the USD 300.00 you are receiving might as some have said, be a fair and token gesture, since in reality there is no chance you could enforce any more than that, and in any event, if you were in UK as a colleague here on the forum has said, you might find if he had no job, you wouldn't get any at all.
Your husband seems to be fulfilling his commitment to your daughter and sending you some money, around P15,000 is quite generous in one respect, you may not feel its enough, and that your daughter is entitled to more, but you won't find many listening ears if you try to take this further, as you have no official body to distrain upon to get any more.
I also fear should you approach the British authorities, they might simply say, that you do not have to live in the UK, and that you can live in the Philippines, and that your husband should provide you with financial support, and that you should take up the matter with him.
I am not saying they will say that, I am merely reading between the lines and knowing my governments embassies overseas especially the British Embassy Manila, I rather fancy that's what they will say.
There is not much good news is there !, I cannot really think of anything else you could do, such is life, if only some of these guys like your husband would do things the right way, you would not be in this situation, and please don't feel people here are unfeeling, sometimes they get irritated because they themselves have had to jump through many hoops and hurdles to get their wives and fiancee's into UK.
Best wishes for you and your daughter.
