These are our plans - any comments?

[BoholoX]

Hi

If there is one thing that I have learnt in my 6 years in the RP is that nothing ever goes to plan! Birth/wedding certificates, passports, visas all generally take longer to process than expected. However that doesnt stop me being as organised as possible (even if it brings amusement) and we would appreciate any experienced members to review our following plan for return to the UK to see if we have missed anything?

1. I am UK Citizen
2. Wife (married 11/10) is Filipina but not 21 till 21/03/13
3. Our baby due 12/11 will have British Citizenship
4. My work contract here expires 04/12
5. We have more than adequate funds to satisfy UK minimums
6. All language tests will be taken as necessary.

The Plan

Apply for Visiting Family Visa for my wife (max 6 months) to be valid 06/12 to 12/12 sponsored by myself.
We stay at my parents house (4 bed/4 reception) FOC with their blessing (1st grandchild )
I attempt to get gainful employment
Wife/baby returns to the RP in 12/12
Apply for Spouse Settlement Visa to be valid from 22/03/13 by which time I should have 6 months payslips etc

My parents are desperate for us to stay with them after this, not only for the grandchild but also it makes sense as we can help out, financially and house work wise as they are both 74. Would it be better however to have our own place?

All comments appreciated

Daghang salamat

[sars_notd_virus]

If your wife has the reason to go back to the PH like a property/business/work and enough savings in the bank then there will be no problem for the family visit visa . and the best that i can suggest is wait for the wife to gets 21 before applying for a spouse settlement, then it will be easier to satisfy the ECO as you said you have adequate funds.

[joebloggs]

your wife could be refused a visit visa for applying for the wrong type of visa .

[BoholoX]

Thanks Joe

could you please explain further?

1st visa would be legitimate visiting family, 2nd would be applied for when she reaches the required 21yoa

What am I missing?

[joebloggs]

your married, wrong type of visa for a spouse, and you can't get a spouse one because shes not 21.

but if your coming together to the uk, you might be lucky and get a visit visa for her, but there is a chance she will be refused, because the classic refusal excuse, they dont believe she will go back b4 her visit visa expires.

thou you might be in luck soon, there should be a judgement on a court case regarding the gov raising the age to 21, so who knows, it could go back to being 18yrs old.

[hawk]

correct me if am wrong i thought if you lived for 4 years or more you could come to uk with out any problems with visa

[Terpe]

correct me if am wrong i thought if you lived for 4 years or more you could come to uk with out any problems with visa

hawk, I believe you may be getting yourself confused.
Unmarried partners (either gender) may apply for a UK settlement visa after having lived together for 4 years.

[BoholoX]

Thanks for all the responses.

We are initially limited to a visit visa so we will apply for that and hopefully not get rejected. If we do then we'll just have to wait till she's 21. We wont be the first and certainly not the last to be separeted. Maybe in the meantime it will get reduced back to 18yo anyway, fingers crossed.

[joebloggs]

correct me if am wrong i thought if you lived for 4 years or more you could come to uk with out any problems with visa

if you have been married and lived out of the UK for 4yrs, you could apply for ILR as soon as you've passed the 'life in uk' test

hawk, I believe you may be getting yourself confused.
Unmarried partners (either gender) may apply for a UK settlement visa after having lived together for 4 years.

its 2 years terpe for an unmarried partner visa.