Originally posted by biba@Mar 7 2006, 05:49 AM
Hello all

I just need your advice and any information that might help in our situation:

Me and my husband are both Filipino, Presently im working in Northern Ireland as a nurse since Jan. 2005 and my husband is in the Philippines. We started our relationship in 1996.

Last week of September 2005 we decided to get married in civil wedding, and first week of October I went back to UK.

As far I know our marriage certificate will take months for the National Statistics office to released. So in last week of Jan 2006 we already had our marriage Lisence coming from NSO.

My husband applied VISA last Feb 2006. as a dependant for a long stay period(Non settlement form VAF1). We presented all documents needed as what stated for the requirements. But still most of my supporting documents here in UK is still im using my surname same with my passport. I planned to change my passport name when ill be going home this coming april since i already have the NSO certified marriage lisence as the main requirement.

I'm worried since my husband application is required to have an interview in the Embassy this coming march 22, 2006, I just wondered if any other members went through this and might help us on what are the possible questions might the ECO deal my husband.

Did my surname affect in the application since im not yet using my husband surname?

Is there any supporting documents to present that might help us established that our relationship and marriage is genuine for the ECO?

hope somebody help us... thnks in advance.
Biba,

It would appear from your question, thet the facts of your situation are these:

1. You are on the Highly Skilled Migrant programme.

2. You work as an NHS Nurse in NI.

3. You recently married in the Philippines in September of 2005.

4. You applied for your NSO Marriage Certificate.

5. That certificate has now been received ?



On the basis of what you have written, their is no major issue for you to be worried about regarding names, the fact of the matter is, your husband would normally only require secpa papers for a visit to the Embassy, however your husband's application appears to be for a tourist visa, these are issued on a multiple entry basis for up to 6 months.

I am puzzled why he is applying for a tourist visa, and not for settlement, however, is that because you are not someone 'presently settled in the UK'

Do you have indefinate leave to remain in the Uk ?

iF SO: it would mean you are 'someone presently settled in the UK' in this case your husband would be able to apply for settlement with you, as your spouse.

If this is not the case, I can see why he is applying for non settlement VAFW1.

If youre husband is granted a tourist visa, he will not have to worry about the names issue, since you can prove via secpa papers that you are married, this would give him relative status, and therefore his case to enter the UK should be ok, however, as a tourist, he would come up against the ususal ' Have to satisfy the ECO that there are compelling reasons to return to the Philippines'

therefore the onus of proof is on your husband to satisfy the ECO that there are compelling reasons for him to return home at the end of his stay, ( this maybe because, you yourself don't have indefinate leave to remain).

Which you have not confirmed ? if you did have indefinate leave to remain, why didnt you apply for a spouse visa, which you are perfectly entitled to do.

You need to tell us more, for a better understanding of the situation.

Just tell me if you are permanently settled yourself, or on a 2 year work permit ?

Thanks

Pete