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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7602
Experience:  UK Lawyer holding practising certficate for England & Wales.
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If I marry a Philippino national how is the best way to bring

Resolved Question:

If I marry a Philippino national how is the best way to bring her to the UK. Is it better to marry in the UK or in the Philippines?
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your patience
What nationality are please?
Do you earn more than £ 18600 per annum from salaried employment?
Kind regards
Tom
Customer: replied 2 years ago.

I am a born british subject age 79 and my income exceeds £18600 per annum and I expect it to continue.

Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
If the plan is to settle in England once you are married then she will need to apply for settlement.
There are two ways of doing it. It is not absolutely necessary for you to go there to marry in order to get her a visa to come here. You can apply for a fiance visa so that she can come here specifically for the purpose of marrying. Once married you would then have to apply for a spouses visa (settlement – Further Leave To Remain). Two applications, two application fees.
Alternatively, You can either marry in the Philippines and then apply directly for a spouses visa from there there; Once application, one application fee.
There is a slightly larger amount of documents to submit for a fiancé visa because you have to show that you intend to marry once she arrive here.
The eligibility criteria is largely similar for both applications.The advantage is that if your fiance visa is refused then you are not married. If you marry and you spouses visa application is refused initially and then on appeal then you are stuck being married but in different countries.
Here is the criteria you would need to fulfill for a fiance visa, as I say the criteria is largely the same for a spouses visa. If you meet this you will almost certainly not be refused a spouses visa:-
• You plan to marry within 6 months of her arriving here
• You plan to live permanently together here
• You have met each other
• You can support each other without the need for public funds
• You have suitable accommodation which is owned or lived in only by you or your household and where you and your dependents can live without any help from public funds
• Meet the financial requirement (salary threshold): https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/371437/AnnexFM_Section_FM_1_7_Financial_Requirement.pdf

You have to produce to the UKBA documentation that proves the above. This would be some of the following:-
• If you are to apply for a fiancé visa you will have to show evidence of your intention to marry, so things like purchase of a ring, evidence of having met (photos correspondence etc), booking of a wedding venue, evidence of invites etc.
• Bank statements from both you and your fiance going back 6 months showing the income/capital you have available
• Payslips (6 month of) and a letter from your employer stating that you have a permanent job, contract of employment
• Documentary evidence of any other assets you hold (eg. Shares, evidence of ISAs or bonds)
• Marriage certificate, Birth Certificate, passport
• Evidence of correspondence between you and your fiance showing that the relationship is credible and genuine (eg. Emails, letters, evidence of previous trips, photos showing you together, phone records
• Evidence of the accommodation where you will live (ie. land registry officials copies of the property that you own, mortgage documentation, copy tenancy agreement if you rent, council tax statements, house report by a solicitor, letter from landlord confirm he is happy to give you a further tenancy agreement
She will also have to pass an Englsh Language test:-
https://www.gov.uk/join-family-in-uk/knowledge-of-english
If your income is greater than the amount I asked about then you meet the financial criteria and only need to evidence it in the appropriate way.
The application will have to be supported by evidence proving the above eligibility criteria. They key to a successful application is producing well-collated documentary evidence for the above criteria. You will also have to produce statements made by both of you explaining and supporting how you meet the eligibility criteria.
She will need to apply for fiance/spouses visa using form VAF4.
Generally, I’ve found that persons considering applying for fiancé/spouse visa are surprised by the documentary requirements and complicated nature of the application preparation.
You should consider instructing a immigration solicitor based here in the UK to prepare an application for her (whichever way you decide to do it). You can find local solicitors via:-
http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law
It should cost around £1000-1500+ VAT. It will save you money in the long run, in all probability.
If you apply after 9th July then she will have to be here for 5 years on a spouse visa (extending it once after 27 months) in order to then be eligible to apply for Indefinite Leave To Remain (ie. so that further visas are not necessary)
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
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