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  1. #1
    Respected Member LadyJ's Avatar
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    hmmm. Visitors visa switch to Leave to remain? Im not sure but I dont think you can do this (I hope Im wrong) even though you've got a child and another one on the way it doesn't mean he have good chance of staying with you unless he gets his marriage annuled first and both of you get married. Hope you dont get upset on my comment and im sure some other members soon will say their knowledge.

    I just wish you a goodluck for the future at the moment why not visit the Home Office and British Embassy's website?
    Not an expert, I only try to help.


  2. #2
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    Quote Originally Posted by LadyJ View Post
    hmmm. Visitors visa switch to Leave to remain? Im not sure but I dont think you can do this (I hope Im wrong) even though you've got a child and another one on the way it doesn't mean he have good chance of staying with you unless he gets his marriage annuled first and both of you get married. Hope you dont get upset on my comment and im sure some other members soon will say their knowledge.

    I just wish you a goodluck for the future at the moment why not visit the Home Office and British Embassy's website?
    I agree with you - I don't think you can switch from a visitor visa to any sort of settlement visa in-country.


  3. #3
    Respected Member LadyJ's Avatar
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    Quote Originally Posted by darren-b View Post
    I agree with you - I don't think you can switch from a visitor visa to any sort of settlement visa in-country.
    @ darren-b; I thought so...

    @sassy; just to let know (incase you don't know) that on visitors visa the maximum allowed to stay in the UK is 6 months, if overstayed, his chance of joining with you in UK for permanent will be more difficult.
    Not an expert, I only try to help.


  4. #4
    Moderator joebloggs's Avatar
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    Where there are compelling compassionate circumstances the following applications in respect of unmarried or same-sex relationships may be referred to NCC2 for consideration outside of the Rules:

    * where there are children, and/or
    * the relationship may be less than 2 years’ duration.

    so maybe you'll have a chance after all


    thou if he's still married and appyling for a Unmarried partner visa, i wonder if this could cause him problems, if he went back to the phils with philippine law - adultry


  5. #5
    Member sassy's Avatar
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    Quote Originally Posted by joebloggs View Post
    Where there are compelling compassionate circumstances the following applications in respect of unmarried or same-sex relationships may be referred to NCC2 for consideration outside of the Rules:

    * where there are children, and/or
    * the relationship may be less than 2 years’ duration.

    so maybe you'll have a chance after all


    thou if he's still married and appyling for a Unmarried partner visa, i wonder if this could cause him problems, if he went back to the phils with philippine law - adultry
    Oh thanks for that info. Yes we are aware he is only able to stay in U.K. for six months of the year.


  6. #6
    Member sassy's Avatar
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    Quote Originally Posted by LadyJ View Post
    hmmm. Visitors visa switch to Leave to remain? Im not sure but I dont think you can do this (I hope Im wrong) even though you've got a child and another one on the way it doesn't mean he have good chance of staying with you unless he gets his marriage annuled first and both of you get married. Hope you dont get upset on my comment and im sure some other members soon will say their knowledge.

    I just wish you a goodluck for the future at the moment why not visit the Home Office and British Embassy's website?
    When we went to the immigration advisory service in London they told us that we can apply from here and no need to go back to the Philippines. I also thought that you couldn't switch but this guy at the IAS is representing us and he was adamant you can. He also says we can appeal if the visa is refused because my daughter's human rights would be affected if she could not be with her father.


  7. #7
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    Quote Originally Posted by sassy View Post
    When we went to the immigration advisory service in London they told us that we can apply from here and no need to go back to the Philippines. I also thought that you couldn't switch but this guy at the IAS is representing us and he was adamant you can. He also says we can appeal if the visa is refused because my daughter's human rights would be affected if she could not be with her father.
    Not convinced by the human rights arguement as you could always live outside the uk eg in the philippines. I hope your advisor knows what if is doing as you are definately applying outside the normal rules.


  8. #8
    Moderator joebloggs's Avatar
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    you've got no other option but to try as your b/f is still married..
    and with a bb its worth trying


  9. #9
    Moderator joebloggs's Avatar
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    Quote Originally Posted by mikemallorca View Post
    YOU can not change to a fiancee visa, and that is that.
    can't apply for a fiancee visa as he is still married, but possibly a unmarried partner one, or possibly a visa to get access to his child.

    http://www.ukba.homeoffice.gov.uk/po...onrules/part7/

    thou point 8 might be a problem


  10. #10
    Member sassy's Avatar
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    Hi joebloggs

    you seem to know what you are talking about so wanted to run another query by you.
    The chap at the IAS suggested we get a paternity DNA test done for the visa application as he says the birth certificate is not proof of paternity? What do you think? Is this necessary? Thanks.


  11. #11
    Moderator joebloggs's Avatar
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    http://www.ukvisas.gov.uk/en/ecg/set...ldren#18165823

    should not need to, but if they are suspicious of anything they could ask you


  12. #12
    Member sassy's Avatar
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    Quote Originally Posted by joebloggs View Post
    http://www.ukvisas.gov.uk/en/ecg/set...ldren#18165823

    should not need to, but if they are suspicious of anything they could ask you
    Hi again

    thanks so much for the information.
    Sassy.


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