Spouse Visa with Children

[Pete/London]

If a UK citizen marries a Filipino with children from a previous marriage does the spouse visa application include the children as well.

The person I am enquiring for was widowed leaving her with 2 young girls .

[stevie c]

I believe the applicant has to make a seperate application for the children & pay a seperate fee it may depend on the childrens age

[joebloggs]

yes each person needs to pay the visa fee, as its a processing fee.

[Pete/London]

I would understand paying the fees, the main concern was are they counted as children of the new marriage and accepted and expected to come to the Uk with their mother.

Thanks for the input

[aryM]

Hello Pete, i emailed the home office regarding that coz I also have the same concern as you. They said i could take the kids with me and include them in my application as dependants. Provided that I should show them that I have the sole custody of my children. I am also widowed, and I already had a certificate for the sole custody of my kids. Your wife can get that at the Social Welfare Office in her place.

[joebloggs]

I would understand paying the fees, the main concern was are they counted as children of the new marriage and accepted and expected to come to the Uk with their mother.

Thanks for the input

its better they coME with the misses than leave them behind in the phils and apply later..

becuase she needs to prove that she has custody (if she is widowed there should be no problem with that) but also needs to prove she has 'SOLE RESPONSIBILITY' for them..

[sars_notd_virus]

I would understand paying the fees, the main concern was are they counted as children of the new marriage and accepted and expected to come to the Uk with their mother.

Thanks for the input

I think there will be no problems ... i took my daughter with me and she settles here ok ,registered in nhs,and in school now

[belfast_dude]

the spouse visa will not include the children....sorry dude...u will have to apply after ur wife is here..maybe 6 months after she arrives...then make an aplication for the children...good luck dude

[aryM]

Your wife can include her children in the application as her dependants if they are still minors, and she should have a sole responsibility of the children. I have already asked that concern to the vfs.

[Pete/London]

aryM, joebloggs

Why, as a widow, would you need a certificate to show you have sole custody of your children.?
Is there a possibility that someone else could also claim custody.

How does she prove she has `sole responsibility` for them? Is it not the same as sole custody.

Thanks for the points you raise as there 3rd parties who would like to cause problems.

[joebloggs]

i think under filipino law the mother has custody by default anyway if they are under 7yrs old (unless the court finds compelling reasons to order otherwise.)

sole responsibilty is not the same, you could have custody but not sole responsibilty - for example the mother has custody of the child but she works in another country of another part of the phils and a relative look after her kids, they embassy could argue she doesnt have sole responsibility but the relative do..

have her children always lived with her ?

[joebloggs]

i dont think 3rd parties could do much if the father is dead, unless they have custody or sole responsibility for the children..

[joebloggs]

i dont think she would need a certificate, not 100% sure thou, if the father is named on thier birth cert and she has a death cert i would have thought that would be enough.
but a qucik call to the embassy to check

[Pete/London]

i think under filipino law the mother has custody by default anyway if they are under 7yrs old (unless the court finds compelling reasons to order otherwise.)

sole responsibilty is not the same, you could have custody but not sole responsibilty - for example the mother has custody of the child but she works in another country of another part of the phils and a relative look after her kids, they embassy could argue she doesnt have sole responsibility but the relative do..

have her children always lived with her ?

Yes, I see your point on responsibility, and both children are under 7yrs. She has just started a new job as section manager for the newest resort/casino complex in Singapore but she is finding it hard not having her children with her. This is her first job abroad.
She has, I think, made her mother her representative over the girls but there are other parties trying to take advantage of the situation.