spouse visa/family visa dilemma

[sheldon1]

HI
In the next few months when i can show 6 months bank statements in the black, my wife will be applying to join me in uk with our two children (5/6 years) my children will be coming on philippine passports. my dilemma is this.... does she apply on a spouse visa vaf 4a i think it is, or a family visa we cant find a lot of info on the family visa the online application seems to direct you to the spouse visa section. Has any members been in my shoes and could advise? and direct me to the correct forms etc.. ps the children are mine and i have birth certificates etc. We were married in 2008 in the philippines. also would be gratefull if any members could advise of any pitfalls etc. my wife visited me on a visit visa last year for 6 months. she got that very easy.
many thanks
sheldon1

[joebloggs]

i'm surprised your wife got a VV, i know the embassy have refused some in the past becuase its the wrong type of visa, as why would your wife be visiting you ? and not applying for a settlement visa, becuase your married they are worried she will not go back and overstay here and in the end be given discreationary leave.

[andy222]

Good call Joe.

[rusty]

Your wife will have to apply for a settlement visa as a spouse. All applications are filled in online, so the website should direct you to the correct application form.

If your children are comming on Philippine passports then they will have to apply as a dependant of you wife and you will have to pay 3 visa fees, one for each application.

If you apply for a British passport for your children then they will not need a visa to come here.

[sheldon1]

thanks andy, i was going to get british passports for my kids, but according to the consulate in angeles city i would have to return to philippines and attend an interview in manila with my wife no other way. that would eat into my savings and would set me back another 6 months. i really need them here now as i want to get them into school i think the 3 visas is going to cost me 58000 each. i know that it expensive but to take time of work go to phils flights etc not much difference. i work woth many asians who have brought there wife and kids and they reckon apart from the expense its a simple procedure to get them here, they have all done it. i just want to make sure my wife is filling in the correct forms etc i dont want any blunders her end, and it confuses her.
thanks again
sheldon

[sheldon1]

i'm surprised your wife got a VV, i know the embassy have refused some in the past becuase its the wrong type of visa, as why would your wife be visiting you ? and not applying for a settlement visa, becuase your married they are worried she will not go back and overstay here and in the end be given discreationary leave.

easy joe my kids stayed in the philippines so they knew she would return there.

[andy222]

thanks andy, i was going to get british passports for my kids, but according to the consulate in angeles city i would have to return to philippines and attend an interview in manila with my wife no other way. that would eat into my savings and would set me back another 6 months. i really need them here now as i want to get them into school i think the 3 visas is going to cost me 58000 each. i know that it expensive but to take time of work go to phils flights etc not much difference. i work woth many asians who have brought there wife and kids and they reckon apart from the expense its a simple procedure to get them here, they have all done it. i just want to make sure my wife is filling in the correct forms etc i dont want any blunders her end, and it confuses her.
thanks again
sheldon

I know what your going through mate its hard when your juggling money and having to think about how much time you will need off work. You will find a way mate. I will be the same come next year. I have a stepdaughter to try and bring here. If you can manage to do it any quicker mate I would before the new changes come about. Keep your chin up..

[Terpe]

HI
In the next few months when i can show 6 months bank statements in the black, my wife will be applying to join me in uk with our two children (5/6 years) my children will be coming on philippine passports. my dilemma is this.... does she apply on a spouse visa vaf 4a i think it is, or a family visa we cant find a lot of info on the family visa the online application seems to direct you to the spouse visa section. Has any members been in my shoes and could advise? and direct me to the correct forms etc.. ps the children are mine and i have birth certificates etc. We were married in 2008 in the philippines. also would be gratefull if any members could advise of any pitfalls etc. my wife visited me on a visit visa last year for 6 months. she got that very easy.
many thanks
sheldon1

Hi sheldon,
As others have said, you need to have settlement visa for spouse.
Here is the application form VAF4A (Oct 2011)

and

here are the guidance notes

May I suggest you consider submitting the application before April 2012 as that is when any new rules will be implemented.
Currently no-one knows exactly what they will be or when they will become effective but it's better to avoid any issues if you can.
5 months bank statements will be OK (UKBA only stipulate at least 3)
It's possible that income and financials could become a very high barrier to climb over.
(see current threads on the same subject)

[joebloggs]

easy joe my kids stayed in the philippines so they knew she would return there.

I'm easy sheldon , don't take things the wrong way
what i post is based on experience, its not me who decides or makes the rules

it would be better if you could get them British passports, as you've said the cost of 3 settlement visa fees is expensive thou once here in the UK they could apply for a British passport, but even if you did apply for british passports the embassy might want you to register them and i think thats expensive thou not as much as a settlement visa (thou i'm sure you do not need to register them )

[sheldon1]

Thanks terpe for your advice. I know there is changes comiing. my salary is 20,000 before tax so i think i am safe if they try to implement the salary threshhold change. every uk citizen has a right to be with there loved ones. but i suppose we can't be burden on soiciety here. I agree with that. I have heard all sorts of different stories, you should have £5000 in the bank before you apply, some say £3000 its all up in the air. I have been sending my wife and kids around £230 a month for the last 5 years and she keeps the reciepts that end. For the last 2 years she has been using my atm card from another account and getting the money out no problem. I can prove that this end also with statements. My wife has been to uk in 2010 for 6 months but she stayed only for 3 months becuase our kids stayed in philippines with grandma. My kids have never met my family and they are 5/6 now. I only worried that my bank after paying debts rent, and my wife support was never really showing much savings like any other working male in uk today. They have granted my wife a visit visa, so they must be satisfied she is my wife and happy with that. As soon as i feel i have enough in the bank to show excess money i will apply more than likely feb/ possibly march.
sheldon.

[Terpe]

Thanks terpe for your advice. I know there is changes comiing. my salary is 20,000 before tax so i think i am safe if they try to implement the salary threshhold change. every uk citizen has a right to be with there loved ones. but i suppose we can't be burden on soiciety here. I agree with that. I have heard all sorts of different stories, you should have £5000 in the bank before you apply, some say £3000 its all up in the air. I have been sending my wife and kids around £230 a month for the last 5 years and she keeps the reciepts that end. For the last 2 years she has been using my atm card from another account and getting the money out no problem. I can prove that this end also with statements. My wife has been to uk in 2010 for 6 months but she stayed only for 3 months becuase our kids stayed in philippines with grandma. My kids have never met my family and they are 5/6 now. I only worried that my bank after paying debts rent, and my wife support was never really showing much savings like any other working male in uk today. They have granted my wife a visit visa, so they must be satisfied she is my wife and happy with that. As soon as i feel i have enough in the bank to show excess money i will apply more than likely feb/ possibly march.
sheldon.

Sheldon, don't put too much reliance on savings being the key to financial maintenance.
Of course you will need to show savings even if it's only enough for visa fees,air tickets settlement to UK etc. £2000 at time of application would be reasonable to expect.

The really important issue is cash flow.
Means you have regular permanent income with a minimum disposable income of around £106 per week per couple and £62 per child.
You don't have to save it all after all it's your discretionary spend.

I would say from what you've said you should have no problem on that aspect

[sheldon1]

HI terpe couid you clarify that. do you mean a month or a week. cos if its a week then that means to me i have to after bills,debts,rent etc. i have to have a monthly disposable income of nearly £900. or is that including bills,rent ect..

[Terpe]

HI terpe couid you clarify that. do you mean a month or a week. cos if its a week then that means to me i have to after bills,debts,rent etc. i have to have a monthly disposable income of nearly £900. or is that including bills,rent ect..

There really isn't any actual amount stated in the 'immigration rules' that indicate just how much is considered as 'sufficient'.

It's up to the sponsor and applicant to prove there is sufficient for them to maintain themselves.

Basically, the UKBA will be looking at the amount of money left after any regular non-discretionary expenditure (such as rent or mortgage payments, council tax and secured loans etc)
Everyone has have different non-discretionary expenditure.(eg payments of Child support would also be considered a key fixed/regular payment)

Various Immigration Tribunal's have concluded that it would not be appropriate to have immigrant families existing on resources that were less than the 'Income Support Level' for a British family of the same size. This then is the best guide available and is one of the tools used by UKBA

In principle this means that if it is more likely than not that the total amount of money that the applicant and sponsor will have to live on will be below what the income support level would be for a British family of that size, then it may be appropriate to consider refusal of the application on maintenance and accommodation grounds.

The 'Income Support' rates for tax year 2011/2012 are £105.95 per week for a couple and £62.33 pounds per week for each dependent child.

ECO's are not accountants but, if you are generally living within your means and can afford the cost of another adult consumer joining the household, this should be immediately obvious from the supporting financial evidence (bank statements/payslips etc)

Only those people with a discretionary amount of money close or equal to the equivalent of means-tested benefit might feel the need to make a budget plan to signpost how they can afford another consuming person in the house.

Hope this helps.

[gWaPito]

Excellent advice again

Like whats been said, don't get hung up over saving.

I didn't have that much at the time of application so, my wife did a very good cover letter explaining why eg...numerous trips back and forth etc etc.

Like what Terpe said you just got to show that after all bills and living cost you have enough to live on.

Jane did a list for them...making it as easy as possible for them to see that we are indeed in control of your finances and that the books do balance.

That's really all they are looking for. Like you rightly said ' you wont be a burden'.

Also your colleagues are correct, the paperwork is simply as long as you have all documents they require.

[Marie]

Hello folks...

this is not a reply for the above situation but I just want to ask anybody if you have experienced like what we are going to do next year....

we are planning to apply for a spouse visa next year hopefully we are ready by then ...now my problem is ...can I bring my daughter from my previous husband with me....she is already ten years old and hesitant to leave her here in the Philippines.....my husband and I been married for a year now (Nov. 19, 2010) and want to be together next year.......any help please....need to know

[joebloggs]

now my problem is ...can I bring my daughter from my previous husband with me....she is already ten years old and hesitant to leave her here in the Philippines.....

you might need to prove you have 'sole custody' and 'sole responsibility' for the child. - use the search function on here

is the father named on her birth cert ? does she have contact with the father? has she always lived with you ?