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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7473
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I have a Philippine girlfriend and fiancee for 2 years now

Customer Question

i have a Philippine girlfriend and fiancee for 2 years now and we have a house in the Philippines but i live in the uk and have a residence and a RAF pension here in the uk. I would like her to visit here and then we return and marry in the Philippines to return here to live semi permanently. mostly here but occasionally in the Philippines. twice not she has been rejected a tourist visa because they say. "on the balance of probabilities she will not return at the visa expiry".
Assistant: Thank you. Can you provide any more details to help us find you the right Expert?
Customer: tourist visa
Submitted: 3 months ago.
Category: Immigration Law
Expert:  Thomas replied 3 months ago.

Hi,

Thanks for your question.

Do you have cash savings above £62500 between you?

Is your income from employment or pension in excess of £18600 per annum?

Tom

Customer: replied 3 months ago.
my pension is £1920 net and index linked.no savings currently.
Expert:  Thomas replied 3 months ago.

Thank. Drafting your answer now 5 mins please..

Tom

Customer: replied 3 months ago.
I own my own house as well. and have done so since 1984.
Customer: replied 3 months ago.
i need in in print
Expert:  Thomas replied 3 months ago.

Thank you. Please be patient..

Customer: replied 3 months ago.
ok
Customer: replied 3 months ago.
by the way that pension is per month not annual
Expert:  Thomas replied 3 months ago.

Hi

Thanks for your question. I will try to help.

If she wishes to visit then you would have to apply for a visit visa again. If she has already been rejected then you may consider instructing a solicitor to do this for you.

You have to try and show them that she has continuing obligations in her home country which will continue after the visit and therefore convince them that she is not a risk of overstay because she at present has compelling family and social/work ties to her home country which mean that she will not attempt to secure a permanent stay here whilst she is visiting. Things like a letter from her employer stating she has a job (if he does) and is expected to return to continue that job, return flight tickets, evidence of continuing accommodation (eg. tenancy agreement of evidence of ownership of a property), bank statements showing the money she has available, letters from relatives/friends confirming any obligations she has to them.

In the long term if you marry outside of the UK and then propose to live the majority of time in the UK then she will have to apply from her home country for a spouse visa once you are married.

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 subsisting if 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

If your pension is above £18600 per annum then this will be sufficient to meet the financial requirement provided that you evidence it correctly.

She will need to apply for settlement (ie. spouses visa) by using form VAF4A Settlement, but the application is actually made online

I would strongly advise instructing a solicitor to prepare the spouse visa application before you marry because it is one of the most complicated visa applications that you can make. You can find Uk immigration solicitors through the following Law Society Website search engine:-

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

My goal is to provide you with a good service. If you feel you have received anything less, please reply back. Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Customer: replied 3 months ago.
i have a p60 stating £25856.78 annual income in 2015 and also one for this year.
Customer: replied 3 months ago.
can i submit this as a doc for the tourist visa
Expert:  Thomas replied 3 months ago.

Hi

It would be one of the documents that you would submit but there would be many more and this is why you should instruct a solicitor.

Please remember to leave feedback using the stars at the top of the page

Tom

Expert:  Thomas replied 2 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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