Visa advice

[WhiteBloodAda]

Hi everyone, how are you all?

New guy here, with the "Traditional" Anglo-Filipina wedding complications question!

I've been browsing the glorious interweb for a while now, and have been on this forum a few times, and believe me when I say how grateful I am for all the help that it has given me. But yes, there are issues I have that I haven't seen the answers to anywhere, and have no friends, English or Filipino here to be able to give me first hand help on it.

Basically, my fiancee is Filipina, and we met here in the UK while she was here as a student. The relationship is very strong, we would do everything together, I even got her obsessed with Rugby too! I still need to work on the Football front though :P Anyway, in April this year her Visa expired and she returned home to the Philippines. I went with her for 3 weeks so that I could get to know her more, her culture, her family, and to test ultimately if we truly were meant to be together. Obviously, we both believe we are, and we got engaged out there too. So anyway, wedding plans begin, and I have been having huge issues getting my head around these legal issues, but I think I'm getting there now! Date is set for 24th November 2012, holiday is booked (fly 1st Nov, return 1st Dec), Venue booked, even my parents and sister are booked to attend too!

Anyway, I think the Wedding and legal side of that is now understood by my small mind, it's the visa part that's causing the headaches now! It's so long winded, and so many links on the UKBA website!

So anyway, the questions. Firstly, are there any members on here that have had the same experience in meeting in the UK as a student? Does this affect the Visa application process in any possitive/negative way? Thanks to the facebook age we have a million pictures of us together doing stuff all the time in various places around here and the Philippines, so I think we pass the criteria of "have we met".

With the fact she studied in the UK for 3 years, obtained an NVQ level 3, which was taught in English, will she still need to take her English speaking test. She took one before she studied here, but that's now expired so I know she can't use that anymore.

Also, I haven't looked this up yet, but may aswell ask it now. Once her Visa is granted, how soon can she start working here? Part of her course here was work experienced based, and I have told her to stay in good touch with her old boss, and see if she can get a job back there again when she returns. If she can start working straight away then this would come in handy for us topping up our joint savings account again, as they have been attacked alot from the remittance for the wedding payments.

Anyway, that's all for now, my mind has gone completely blank but no doubt I'll ask a million more questions soon!

Thanks for your help

Adrian

[Terpe]

On the wedding side it's not as complicated as it might seem at first sight.
Many members here have had their wedding in the Philippines.

Here is some useful general information about overseas marriages and civil partnerships

and some CNI information here including the British Embassy appointment system and how to apply

CNI information here

Please do remember the CNI has only 3 months validity, so plan out carefully what needs to be done and when. It's a good idea to make a project plan from wedding day backwards so you can line it all up.

The CNI is available from your local registry office. It takes 22 days from time of application. It's 21 days for the 'bans'.


Generally, if you can get all your 'ducks lined up' with your paperwork etc, and things go fairly smooth along the way you should have no problems getting married within a 20-30 day timeframe.
I'm sure there are many who will say you can achieve it in only 14 days, and in my opinion that can be done if you are very lucky and the organisation is real slick.
Probably even more will tell you that 21 days is easy. Well I think on balance that's a reasonable time without major problems, but not much time left for honeymoon, that's why I suggested 20-30 days.

I suggest you always check the latest information for paperwork needed etc but in principle you need:-

Birth certificate - original
Passport

CNI - (Certificate of No Impediment to Marry)
Present this document to the British Embassy in the Philippines to be issued a Philippine version called a Certificate of Legal Capacity to Marry.
This certificate is needed for the application of a marriage license.

BTW many Brits are now reporting that you may well be required to obtain a your own CENOMAR (Certificate of No Marriage) from NSO (National Statistics Office) so you might need to include this contingency as well.

Marriage License - Apply for this in your fiancée's home town at the registry office. (or locality of where marriage will take place)
You might also be requested to attend the "Pre-Marriage Seminar" counselling sessions prior to being allowed to be married. Check and ask when you apply for the marriage license

After you apply for the license there is a mandatory 10 day waiting period while the marriage banns are published

To apply for the Marriage License you should consider having the following:-

Your birth certificate
Your passport
Your C.N.I.
Your NSO CENOMAR (if needed, please check well beforehand)
Your Divorce decree asbsolute (if applicable)

Certificate of 'Pre-Marriage Seminar' (if needed, please check well beforehand)

Her N.S.O. birth certificate (This should be fresh from NSO on latest type of security paper. Check)
Her Passport (or other appropriate ID)
Her Barangay clearance (if needed, please check well beforehand)
Her community tax certificate (often called Cedula)
Her postal I.D. Address
Her cenomar
Her Parents signed advice form (for under 25 years)
Her Parents I.D.


Hot tip

Always take extra time to very carefully and very thoroughy check and read through all paper work at each step before signing anything. If there are any typing errors/mistakes/mismatches etc it can cost you dear in time and money.

Hottest Tip

Always smile and always remain relaxed, calm and cool.

Good luck with the wedding plans.
Do let your fiancee organise as much as she can from her side as that will be much easier.

Or, alternatively have you considered the services of a wedding organiser?
Eventually, this can actually save you a lot of time and money. But be sure to pick one that has been recommended by a friend etc.

[Terpe]

On the Visa side.
I'm sure you're aware of the recent changes.
The full guidelines and rules have not yet been issued but in basic principle the major change relates to finances and the finance test.

As of July 9th 2012 the first requirement to meet is that of gross income.
You need to provide evidence of a total income minimum of £18600. This can be achieved in a number of ways.
Please take a look here APPENDIX B – MEETING THE FINANCIAL REQUIREMENT - page 39 to understand the rules.

also take a look at the examples on page 53 of the same link.

In principle all other requirements still largely follow those indicated in the thread here

Each visa application is reviewed and decided on it's own merits and previous student visa's will have no impact.

She will still need to take a pass an English test. This needs to be done with an approved UKBA provider.
There are any number of threads already on this forum and the UKBA website has the downloadable approved listing.
On occasion it's possible to be considered an exception to the rule, but this path is so complicated with many twists and turns and with fees to pay etc that almost
everyone considers it easier and cheaper to just take the test.

After your marriage she will apply for a spouse visa. This Visa will allow her to enter the UK and to seek and to take up employment immediately upon arrival.

I'm sorry to have set you a rather large reading task. Hopefully it will help you.

Don't be shy to ask any questions you still need clarification with. But please also understand that just now the new immigration rules effective from July 9
are not yet fully detailed so some changes may still yet appear.

[lastlid]

In our case we applied for the marriage license on the monday. Went through the marriage ceremony on the tuesday. 10 days later we were deemed offically married and the day after that I flew back to the UK. We had our honeymoon in between.

[WhiteBloodAda]

cheers for that, but I've seen that on other threads, which although very helpful, I'm asking about the Visa side of things. Wedding side is pretty much all sorted. Venue booked, priest booked today etc. CNI and CENOMAR will be applied for soon, aswell as Visa for myself as I will be there longer than 21 days

[WhiteBloodAda]

woops, sorry i was too quick to reply it would seem

[WhiteBloodAda]

As regards the £18k earnings, I'm sure I read before that this only applies to Immigrants wishing to brings non-EU spouses into the country. I didn't think it applied to UK citizens themselves.

I currently fall short of that earnings. With the fact she could possibly walk straight into a job, what if I obtained a letter from them saying that they would give her a job on her return, and therefore showing our combined income would take us well over that?

[lastlid]

As regards the £18k earnings, I'm sure I read before that this only applies to Immigrants wishing to brings non-EU spouses into the country. I didn't think it applied to UK citizens themselves.

I currently fall short of that earnings. With the fact she could possibly walk straight into a job, what if I obtained a letter from them saying that they would give her a job on her return, and therefore showing our combined income would take us well over that?

The 18k minimum applies to the Sponsors earnings. That would evidently be yourself. It was certainly the case that the UKBA didnt take the applicants income or potential income into account. I am not 100% sure but I dont think that has changed....

[Terpe]

As regards the £18k earnings, I'm sure I read before that this only applies to Immigrants wishing to brings non-EU spouses into the country. I didn't think it applied to UK citizens themselves.

I currently fall short of that earnings. With the fact she could possibly walk straight into a job, what if I obtained a letter from them saying that they would give her a job on her return, and therefore showing our combined income would take us well over that?

No.
The £18600 income applies to all sponsors of non-EU spouses.
Please do read the links I sent to you as it explains in detail what can be included.
Maybe you only need to take up a part-time job for a while.
Sorry to say there is no getting away from this income requirement just now.
Maybe this will change in the future depending on what new caselaw will be be developed. But right now it stands.

These new rules do not now allow third party sponsors nor do they take account of potential future earnings of the spouse.

[Iani]

Yes, that 18.6k thing, caused quite a thing that has.
Whether it is a good or a bad thing has been flogged to death on here, the moral issue has too - and I'm sure you can bet any attack on it on a moral point of view on here is preaching to the converted.

Fact is, we have to - for now at least - presume that is the rule. If I was a betting man, I wouldn't bet on it standing forever, it's so full of holes it's unbelievable, it's sexual discriminatory in that women generally have lower wages, it's going to hit ethnic minorities so hard, that will possibly be construed as racist, but as I said - for now....

I don't know your salary, and I don't know your location, but the fact you can afford to go visit and afford to go back and get married shows you have disposable income.

As others have said, calculate what you need to reach this figure. If you can get a part time or Saturday job, then maybe that will take you over it.
Do you get bonus or overtime? Maybe check your P60, you might be nearer the figure than you realise.

Really sorry this government full of out of touch bullingdon club ers are putting the dampners on your wedding plans, but although this might be small comfort, do remember that very often, Filipenas are much more pragmatic than us. It's not unheard of for them to live apart from their families working. Yes you might have to get married then come home and live apart for 6 months, a year...........but it's not forever. Your fiance will more than likely understand that things might take a little longer

And yes, some on here will be reading this and thinking of my posts freaking out over this and me being told the same.

Dude, love will find a way. Do not lose heart over this visa thing. It might or might not last so long this new rule, or it might be the new rule forever....who knows. So work for now at least on it being set in stone and see what you can come up with is all I can say.

Really, good luck, sure you can sort something, but for now - hey, you're getting married, it's an exciting time

[WhiteBloodAda]

Basically what you are saying is I'm buggered? From thinking I'm doing the genuine, and correct thing in making sure not only I, but my partner herself was making the right choice in marriage, and by also making sure that her family was able to give us a send off by hosting the wedding, and then my family (and her friends she's made here over the years too) can enjoy the rest of our lives together, and possible future little ones?

I work in Retail, full time, in East Kent. Last year before tax I earned £14.490, so well below that stupidly high £18k+. I currently live with a parent again now, so my expenditure isn't high, which means combined Ruby and myself have managed to save up a nice sum (£3k in joint account still, plus £4k sent to the Philippines in remittance for wedding fees). I claim no benefits from the government now, neither does my mother, and I have no intentions to either. We will be able to live comfortably, and happily (as living with a parent goes) here until we have stabilised ourselves and are in a position to find our own accommodation. We both know that we are capable of surviving easily.

Reading that link though, it says about being above that level of salary for 6 months, which doesn't really help as it's only 5 months until the wedding itself! I got to admit, from being in a calm position, I'm now bricking it over how I'm going to be able to bring her back here again. I will never lose faith, we have both found our soulmates and best friends, but this is a massive blow to my heart :(

[lastlid]

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