fiancee/spouse visa with a baby

[jim2376]

hello, my fiancee will be applying for the fiancee visa soon with our baby as a dependant. Do we fill in a seperate VAF2 form for the baby ? I know 2 visa fees are charged, i was wondering because there is a place for dependants on the vaf2 form itself. Also, is it more difficult to obtain my fiancees visa because the baby needs a visa also ?, a problem that wouldn't be there if we go for spouse as the baby will then get her UK passport. Thats all really, we're going for the fiancee hopefully because it will be more economical and reunite us a bit quicker! Thanks in advance if you can offer any advice, jim

[ginapeterb]

Originally posted by jim2376@Mar 5 2006, 11:03 PM
hello, my fiancee will be applying for the fiancee visa soon with our baby as a dependant. Do we fill in a seperate VAF2 form for the baby ? I know 2 visa fees are charged, i was wondering because there is a place for dependants on the vaf2 form itself. Also, is it more difficult to obtain my fiancees visa because the baby needs a visa also ?, a problem that wouldn't be there if we go for spouse as the baby will then get her UK passport. Thats all really, we're going for the fiancee hopefully because it will be more economical and reunite us a bit quicker! Thanks in advance if you can offer any advice, jim

Quoted post

Hello Jim and welcome to the forum, its not as difficult as it might appear, if you are the Father of the baby (not meant to be rude by the way) then as the Father, their are certain differences, with questions of legitimacy, as youre not currently married to the Mother, you cannot register the baby for purposes of British Nationality by descent, I recently read the rules on this at the British Embassy on behalf of a freind, so Im pretty up to date on it, you would normally go to the consular section and register your baby, this would require both of you to attend and fill in the appropriate form, which is at the Counsular section, then your child is registered for nationality purposes, the child would be entitled to a British Passport anyway, through your descent.

If you are not married, you may still register the child, but you would need to check the details locally at the Embassy, as I might be wrong, but I'm pretty sure your baby is not entitled to British Nationality in the first instance as technically, your baby is 'illegitamate' (not meant to be rude either).

The quicker you make enquiries at the Consular section the better, turning to your fiancee's visa application, yes she can apply for your baby as a dependant child to travel with her, I believe 2 visa fees are payable, and on seperate applications, however if it goes to interview, your Fiancee would be take the child with her, for the interview, there should be no problems obtaining a visa for your baby to travel with its Mother, however, the baby will need a travel document, if the travel document is a Filipino passport, then your baby could be naturalized in 3 years as a British National after being granted indefinate leave in the UK to remain with its Mother.

In truth, I would try and get a British Passport for your baby at the British Embassy, Im not sure though if you will gain anything by marrying in the Philippines first, whether that would change the legitamcy issue, but I can check this out for you, and come back with an update if you follow this thread.

Pete

[mupsuit]

Originally posted by ginapeterb@Mar 6 2006, 12:45 PM
Hello Jim and welcome to the forum, its not as difficult as it might appear, if you are the Father of the baby (not meant to be rude by the way) then as the Father, their are certain differences, with questions of legitimacy, as youre not currently married to the Mother, you cannot register the baby for purposes of British Nationality by descent, I recently read the rules on this at the British Embassy on behalf of a freind, so Im pretty up to date on it, you would normally go to the consular section and register your baby, this would require both of you to attend and fill in the appropriate form, which is at the Counsular section, then your child is registered for nationality purposes, the child would be entitled to a British Passport anyway, through your descent.

If you are not married, you may still register the child, but you would need to check the details locally at the Embassy, as I might be wrong, but I'm pretty sure your baby is not entitled to British Nationality in the first instance as technically, your baby is 'illegitamate' (not meant to be rude either).

The quicker you make enquiries at the Consular section the better, turning to your fiancee's visa application, yes she can apply for your baby as a dependant child to travel with her, I believe 2 visa fees are payable, and on seperate applications, however if it goes to interview, your Fiancee would be take the child with her, for the interview, there should be no problems obtaining a visa for your baby to travel with its Mother, however, the baby will need a travel document, if the travel document is a Filipino passport, then your baby could be naturalized in 3 years as a British National after being granted indefinate leave in the UK to remain with its Mother.

In truth, I would try and get a British Passport for your baby at the British Embassy, Im not sure though if you will gain anything by marrying in the Philippines first, whether that would change the legitamcy issue, but I can check this out for you, and come back with an update if you follow this thread.

Pete

Quoted post

Just to add to Pete's comments

1) Pete is correct when he advises that two applications are necessary -

2) Is your name on the Baby's birth certificate? This will affect your options - if it
is not then you will have to get advice from the Embassy - if it is then this is
step 1 to applying for a British Passport via the Manila embassy - it takes
weeks as they need to refer the application to London

3) At the time the baby was born were you free to marry? (eg no divorce pending)
If you were NOT free to marry at that time I think that the regulations say that
the baby will remain illegitimate.
If however you were free to marry and do so now then you can apply to have
the baby legitimized - (they say Legimated) this means that an endorsement is
added in the margin of the birth certificate showing the baby with your name.

Keep all copies of the affidavits that you make for this process and then apply
for a British Passport once the child is in the UK

Hope this shed some light on the process - please ask if you need more clarification

[ginapeterb]

Originally posted by mupsuit@Mar 6 2006, 06:09 PM
Just to add to Pete's comments

1) Pete is correct when he advises that two applications are necessary -

2) Is your name on the Baby's birth certificate? This will affect your options - if it
is not then you will have to get advice from the Embassy - if it is then this is
step 1 to applying for a British Passport via the Manila embassy - it takes
weeks as they need to refer the application to London

3) At the time the baby was born were you free to marry? (eg no divorce pending)
If you were NOT free to marry at that time I think that the regulations say that
the baby will remain illegitimate.
If however you were free to marry and do so now then you can apply to have
the baby legitimized - (they say Legimated) this means that an endorsement is
added in the margin of the birth certificate showing the baby with your name.

Keep all copies of the affidavits that you make for this process and then apply
for a British Passport once the child is in the UK

Hope this shed some light on the process - please ask if you need more clarification

Quoted post

well I have learned something from this, thanks Colin for bringing this up, about being legitamized, or was it Legimated ? good information, and very timely.

Pete

[jim2376]

Thanks for the advice Pete and Colin. I was able to get my details down on the birth certificate after producing my passport, I knew it would be important. Our baby can get a passport if we get married, in whatever country as she becomes legitimated. However I'll most likely bring her in on the dependant visa as I don't have time on my side really, if you know anymore i'm always checking the forum,,,all the best ,jim

[mupsuit]

Originally posted by jim2376@Mar 9 2006, 01:12 AM
Thanks for the advice Pete and Colin. I was able to get my details down on the birth certificate after producing my passport, I knew it would be important. Our baby can get a passport if we get married, in whatever country as she becomes legitimated. However I'll most likely bring her in on the dependant visa as I don't have time on my side really, if you know anymore i'm always checking the forum,,,all the best ,jim

Quoted post

Once your baby is here you will find it straightforward to apply for a British passport - as Baby's birth certificate already shows your name as father

The fee in the UK to obtain a passport is 25/30 pounds - SIGNIFICANTLY less than you would pay at the Embassy in Manila

also when Baby gets to the UK - YOU (not your wife) are entitled to claim family allowance - a whopping 17 pounds per week !!!

please advise when the first payment reaches your account as Pete and I together with other forum members will be round to help spend this government largess