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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7481
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I have a passport from the Philippines have a working visa

Customer Question

i have a passport from the Philippines have a working visa to be in the UK ,my son was born her 9 months ago ,am i right to be worried that when my visa expires they will deport me
Submitted: 5 months ago.
Category: Immigration Law
Expert:  Thomas replied 5 months ago.

Hi,

Thanks for your question.

What visa do you have please? Tier 2 general? Tier 1 Entreprenuer or other?

Tom

Customer: replied 5 months ago.
Working permit for domestics
Customer: replied 5 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Thomas replied 5 months ago.

Hi,

As a solicitor I cannot have a telephone call with you and must restrict to answers in this thread only.

Please kindly reply to my info request and I will assist.

Tom

Customer: replied 5 months ago.
I don't know what it's called but it means I can only work yearly renewal as a domestic help
Expert:  Thomas replied 5 months ago.

Hi,
When was the visa granted from and to please? What dates?

Tom

Customer: replied 5 months ago.
April 2016 til April 2017
Customer: replied 5 months ago.
Hope that helps
Expert:  Thomas replied 5 months ago.

Hi,

Where is the father of the child please and what nationality is he?

Customer: replied 5 months ago.
He is British and he lives in the UK
Expert:  Thomas replied 5 months ago.

Okay. Are you in a loving relationship with him please?

Customer: replied 5 months ago.
we are engaged
Expert:  Thomas replied 5 months ago.

Okay. Does he earn more than £18600 per year from employment?

Customer: replied 5 months ago.
Expert:  Thomas replied 5 months ago.

Thanks. Drafting your answer now. 5 mins please.

Expert:  Thomas replied 5 months ago.

Hi

Thanks for your question. I will try to help.

Basically, I’m not sure what visa you are on. It might have been a “Domestic Worker Visa” which is for domestic workers of an employer who is visiting the UK. However, these are generally only granted for 6 months.

Basically, if you propose to marry your partner who is a UK citizen then you will ultimately need to be okay but (and this is very importnabnt) you should see a solicitor in person as soon as possible to instruct them to act on your behalf.

If you were to marry your partner then you could apply for a spouse visa. If your child was born in the UK to a UK father then you should be able to apply for a passport for the child.

The difficulty is that you cannot switch to a spouse visa from a domestic worker visa. This means that the quickest way to regularise your status in the UK is to possibly return home and make the application from there once you are married.

You will have to apply from a spouse visa.

The webpage on spouse visas is here:
https://www.gov.uk/join-family-in-uk

The eligibility criteria is here:-
https://www.gov.uk/join-family-in-uk/eligibility

If the application is well prepared and you meet the following eligibility criteria then it will make the application easy and quick to decide upon for the UKBA. To be eligible, you must show:-

  • you and your partner are both aged 18 or over at the date of application;
  • your partner is a British Citizen, or is present and settled in the UK, or is here with refugee leave or humanitarian protection;
  • your partner is not related to you in a way that means you could not marry in UK law;
  • you and your partner have met in person;
  • your relationship with your partner is genuine and subsistingif you are married or in a civil partnership, your marriage or civil partnership is valid in UK law;
  • if you are not married or in a civil partnership you have been living with your partner in a relationship akin to marriage or civil partnership for at least 2 years prior to the date of the application;
  • you meet the suitability requirements
  • any previous relationship has permanently broken down (this does not apply to certain polygamous relationships);
  • you and your partner intend to live together permanently in the UK;
  • You must meet the financial requirement:-
  • https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/371437/AnnexFM_Section_FM_1_7_Financial_Requirement.pdf
  • This means that the UK based spouse must earn a minimum income threshold of £18,600. Alternatively, if you have savings of £62, 500.00 then you would not have to prove any salary. You can also use a mix of the two.
  • You would also have to show that you meet the English language requirement:-
  • https://www.gov.uk/join-family-in-uk/knowledge-of-english

You will need to apply for settlement (ie. spouses visa) by using form VAF4A Settlement if you end up applying from outside of the UK, but the application is actually made online

You can find Uk immigration solicitors through the following Law Society Website search engine:-

http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

The visa will be granted for a period of 33 months. You will have to apply for further leave to remain at the end of this time. You can apply for indefinite leave to remain once you have been here for 5 years. After that he can apply to be naturalised as a UK citizen.

As I say the the MOST IMPORTANT ADVICE I can give you is that you must instruct a solicitor in person as soon as possible so that they can act on your behalf.

so you may wish to consider this as well.

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

Customer: replied 5 months ago.
I have been in the uk on a domestic which had been renewed every year for more than 5 years does this count in my favour
Customer: replied 5 months ago.
Sorry did you see what I wrote ?
Expert:  Thomas replied 5 months ago.

It doesn't clear things up, no. Basically, I'm still not sure what visa you are on.

However, the important thing is that you are likely to be married to a UK national shortly and so you should be eligible to apply for a spouse visa even though you may have to return home to make the application.

Please remember to rate my answer positively using the stars at the top of the page.

Tom

Expert:  Thomas replied 5 months ago.

Hi

Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided. If you have no further questions then please do leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

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