married to a brit guy in the uk with 2 kids

[shalet]

hi,can anyone pls give me some advice re my current situation :(
i went to england last 2009 under student visa..im a licensed nurse here but worked in the UK as a carer..met this guy,got married,gave birth there then went home with my child <whilst preggy> last 2011..our relationship right now is sort of not ok..he's in ireland at the mo.no job.so going back,i went home cos my ever so hardworking <sarcasm> husband didn't work anymore so weren't able to sort my papers whilst staying there.now my kids are brit.im planning to go back there cos kids will soon study.thing is,i don't want to ask help <sponsor> from my husband as he's not helpful anyway..so is there a way i can apply for something anyway the kids are brits?we can't divorce yet.as i think you need to file it there.any advice pls??:(

[shalet]

hi can anyone give me some advice,here are the facts:

married to a brit guy since 2010
stayed in england for almost 3 years
gave birth there,gave birth here in manila aswell,both of them are brit citizens,can't apply for dual citizenship as its expensive for a single mum like me
husband's not working,in ireland at the mo
kids are going to school soon

is there any chance i can go back there without my husband's help?

[Terpe]

Hello shalet, welcome here to the forum.

I merged your 2 posts as they were essentially the same. Hope that's OK

Firstly, what is your current immigration status in terms of UK?
The answers to your questions rely totally on this.

You were in UK for 3 years but you have not mentioned what, if any, visa's you held or acquired.
If you reached ILR stage (Indefinite Leave to Remain) it may still be valid.

If you have no valid entry clearance to UK, then I'm afraid you'll not be able to secure any sort of settlement route without the major input of your husband as sponsor.
Without employment with a gross annual income of £18,600 your husband will be unable to sponsor you.
If you're thinking of settlement route visaIt's not good news I'm afraid.
If you

[Terpe]

.....can't apply for dual citizenship as its expensive for a single mum like me...

Do you already have British Citizenship?

You can only be Dual-Citizen if you are both a British Citizen and natural Filipino Citizen.

[shalet]

i wasn't able to reach that ILR :( abt the dual citizenship,thats regarding my kids here..i thought of applying for a filipino citizenship for them..cos theyre sort of overstaying here already..if im honest,our marriage is breaking down.he's not responsible...in the first place,we won't be here if he just worked like me whist staying there,we could've saved..i went there as a student...actually im one of those abused partners there..thats why i just returned home just to escape from him.social workers tried helping me but cos of my status that time,they said im not eligible for the settlement visa <cos ive got a brit kid,and i was pregnant that time too,but under student visa>so since my im worried with my kids' future here,im not sure if i can take them to school..i know i wont be a burden there as im a nurse anyway,im not after the benefits etc..i just want free education for my kids there.as much as i wanted to get a divorce,how can i?im here and we got married there..i believe it needs to be filed in Portsmouth.thanks for replying and sorry bout having dupe posts,i just thought my first one didn't go through successfully ...

[Akilah Blythe]

Hi welcome to the forum. I m very sorry to hear about your situation. With regards to your children's rights as British citizens, I would suggest you to pay a visit to the British embassy to enlighten you about this matter. They might be able to help somehow.

[Terpe]

i wasn't able to reach that ILR :( abt the dual citizenship,thats regarding my kids here..i thought of applying for a filipino citizenship for them..cos theyre sort of overstaying here already..if im honest,our marriage is breaking down.he's not responsible...in the first place,we won't be here if he just worked like me whist staying there,we could've saved..i went there as a student...actually im one of those abused partners there..thats why i just returned home just to escape from him.social workers tried helping me but cos of my status that time,they said im not eligible for the settlement visa <cos ive got a brit kid,and i was pregnant that time too,but under student visa>so since my im worried with my kids' future here,im not sure if i can take them to school..i know i wont be a burden there as im a nurse anyway,im not after the benefits etc..i just want free education for my kids there.as much as i wanted to get a divorce,how can i?im here and we got married there..i believe it needs to be filed in Portsmouth.thanks for replying and sorry bout having dupe posts,i just thought my first one didn't go through successfully ...

From what you've said, you've no way of returning to the UK without your husband being willing to sponsor you, and also without your husband being in employment with an annual earned income of £18,600 for at least the past 6 months
(unless exemption)
To enter by using savings only there would need to be £62,500 which must have been held for 6 months

The chances of you securing a working permit route here are virtually zero I'm afraid.

On your question of divorce, it's really a tricky one for you.
The divorce must be filed in UK. There are conditions relating to residence which you don't appear to meet.
Also be advised that IF you were the petitioner, then as a Philippine National that would not be recognised in Philippines and you would not be free to marry.
You could only achieve that IF your husband would agree to file for divorce as the petitioner. You would both need to discuss how to meet the UK grounds for divorce.

I'm really sorry that as yet we've not been able to give you much positive feedback.
Whichever direction you feel is best, there's no way forward without some contact to your husband.

[aug06_2006]

Hello Shalet, sorry to hear your situation its too sad you married the wrong man..I felt sorry for you and to your kids and I hope you will sorted this problem. God Bless!

[shalet]

thats whta i thought..that earning is ridiculous sorry for saying that..as i think you need to be in a best position to earn that money..ive known that since,im just hoping it will change..anyway,ill just try other countries then :(

[shalet]

:( thanks God bless you too!!

[grahamw48]

Hi Shalet, and welcome to the forum

I'm also sorry to hear of your bad experience.

First off, my boy (Filipina mother) was born in the UK and had his own British passport from 2 months of age.

Because we wanted him to be able to live free of visas/hassles in the Phils for long periods (years), we obtained 'Recognition' (as a Filipino Citizen) for him when he was around 2 years of age, there in the Phils.

I'm pretty sure there was no requirement for him to have a visa of any kind in the Phils before that, as he was with his mother...but it's a long time ago, so maybe I have forgotten. I would check on that if I were you, in case there is some kind of age limit on it.

Anyway, here is the link ref. obtaining 'Recognition' there for your children.

http://immigration.gov.ph/index.php?...d=75&Itemid=52

As far as their education is concerned, I wouldn't worry too much at this stage, as Phils schools should be perfectly fine when the kids are very young.
My stepchildren came here to England when 7 and 9 years old (hardly even speaking English) and both have gone on to get good university degrees here.

Naturally, as British Citizens your children will never be denied the right to live in the UK anytime in the future when that becomes possible.

Has your husband volunteered any financial support yet, to meet his obligations ? I'm not sure if there is an arrangement between our two governments, reference your pursuing this. There certainly is for some countries.

I wish you and your children better luck in the future.

[Nimfa]

Hello sir terpe, can i ask an advice as well from you as it seems like you know quite a lot of uk rules. My question sir would be, is it important that i still live in the same address with husband when applying for citizenship sir? Thanks you