Visa choices.....

[sm1971]

Now that the annulment will hopefully be through soon, we should start to prepare for the Visa application(s).

First the situation:
- I am a German living in the UK since 2003, but never applied for British citizenship
- my asawa has a son from her first (and still current) marriage
- we've met in chats in August 2009. These chats became pretty serious quickly
- we've met for the first time in Oct/Nov 2009 and considered us a couple ever since
- we kicked the annulment process off in late 2009 (I sent the money)
- since January 2010 I have been sending money regularly (20k for both)
- there were further visits in Jan 2010, Mar/Apr 2010, Aug/Sep 2010
- finances are not too bad - the income is more than sufficient, but there are not many savings due to annulment and travel costs plus the allowance. Finances shouldn't be an obstacle
- I'd prefer to avoid renewing my rent agreement on my current flat as I'd prefer to move into better accommodation (house with garden in the suburbs rather than city centre flat) which would be better suited for a small family


So, I am aware of two Visa options:
1) British Fiance Visa
- I think we should have no problems (famous last words ), the only issue is that I would have to renew the contract on the flat to include my asawa in it
- not sure if I as a resident but not citizen can apply for it
2) EU family visa
- We have plenty of proof that the relationship is real, but as we are not married and been together for less than 2 years I am not sure if this would be successfull.

Any thoughts/advice/visa options that we are unaware of so far?

We'll going to arrange an appointment with an immigration lawyer once the annulment is through, but it's better to go into that meeting with as much information as possible.

[sm1971]

Of course all visa options must work for both asawa and stepson. Bringing just her over is NOT an option.

[joebloggs]

options get married in the phils and apply for a family permit for them both

or

EUN2.12 Can fiancé(e)s, and proposed civil partners qualify for an EEA family permit?

Fiancé(e)s and proposed civil partners are not recognised as family members or extended family members in the EEA Regulations. However, provisions have been made for fiancé (e)s and proposed civil partners of EEA nationals paragraph 290 of the Immigration Rules. . Fiancé(e)s and proposed civil partners of EEA nationals applying under these Rules will have to pay the usual fee. For the purposes paragraph 290 of the Immigration Rules, an EEA national who is a qualified person in the UK is considered as present and settled.

An application as the fiancé / proposed civil partner of an EEA national can only be considered if the specified fee has been paid. This is because you will need to assess the application under the Immigration Rules and not the EEA Regulations. An applicant who does not qualify for an EEA family permit can only be considered against the Immigration rules once the specified fee is paid. Regulation 31 of the Immigration and Nationality (Fees) Regulations 2009 clearly says that if an application to be assessed under the Immigration rules is not accompanied by the specified fee, the application is not validly made.

Example: The fiancée of an EEA national working in the UK applies for an EEA family permit, free of charge. She does not qualify under the EEA Regulations and has not paid the specified fee to be considered under paragraph 290 of the Immigration Rules. There is therefore no valid application before the ECO. In this instance the ECO should refuse and first address why the applicant did not meet the EEA Regulations. Reference should then be made to Regulation 31 of the Immigration and Nationality (Fees) Regulations 2009.

http://www.ukvisas.gov.uk/en/ecg/eun...ermit#22134089

if i was you, i'd marry in the phils and go with the family permit as its free of charge and you virtually have a legal right to bring them here..

does the child still have contact with the father ?

[sm1971]

Well, it would be better for them to come here and see if they can live here first, and marry later.

Yes, occassionally (2-4 times a year maybe, vis Skype).

[joebloggs]

well if you love each other it should not matter which country your in
only problem you might have if the father kicks up a fuss about the child leaving the phils..

how old is her son ?

[sm1971]

I have read enough stories here about Pinay that just couldn't get over their homesickness and left for the islands despite being married. Don't want to risk that.

He's 6 now.

[joebloggs]

i dont think there has been that many posts on here where the wife has returned to the fils becuase she is homesick, but a problem with coming on a fiancee visa is, you have to wed within the 6 months and i would have thought it could take longer than 6 months to see if she couldn't live here (with the excitement of visiting a new country, planning a wedding etc it might take some time for the 'honeymoon period to wear off), thou that 6 months should give her a good idea

my stepson (was 18yrs old) the first time he came to the uk, was homesick within months of coming here, he went back to the phils to go to uni, but he returned 2yrs later and has been here a yr and thou he is married now (not seen his wife, 2yr daughter and 4 month old son! for the last year) hes handled it very well, alot better than last time, thou hes off to the phils next sat for 3 wks , he sees his and his family future here in the uk and not the phils,,