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Ask James Mather Your Own Question
James Mather
James Mather,
Category: Immigration Law
Satisfied Customers: 0
Experience:  Senior Partner at Berkson Wallace
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We were commissioned to work in the Philippines by my

Customer Question

We were commissioned to work in the Philippines by my employer back in 2009 but the project is now complete and my new UK employer has asked me to come to the UK to work, which I've been able to do because of my ILR. I moved here back in June with my two British kids. My son, the settlement visa applicant, who was born in the Philippines (who therefore is a Filipino citizen), is still in the Philippines with my British wife, and has just been denied a settlement visa due to:1.) apparently 'not showing enough evidence of hardship where my 8 year old son lives at the present'.2.) not having enough money in the bank apparently. I have a full time contract with my current employer and my wife, who is British, will also get a job (once she is back here in the UK) so we will not rely on income support. Can we request them to pass on this on the basis that we will not be allowed income support during my son's migration in the UK?3.) they also said they have considered our 'right to a private and family life' in Article 8 of the ECHR, which from what I have read, that the authorities should not interfere with an individual's family life, including the ability to join them together. They said that 'the parents should be able to move back to the Philippines to join him'. I cannot do that since my other two kids are here in the UK and currently in the middle of their school term and can't just pull them out for that reason. I also am fully employed and have been requested to work in the UK head office, so I will therefore lose my job if I move back to the Philippines.
Submitted: 4 months ago.
Category: Immigration Law
Expert:  frantzgregory replied 4 months ago.

can you clarify when you obtained ILR and when your wife was granted British status. Also clarify when your child was born

Customer: replied 4 months ago.
Hi. I obtained ILR back in 2002, my wife was born in the Philippines as a British because of her father. Our child was born 2009.
Expert:  frantzgregory replied 4 months ago.

Have you considered applying to register your child as British?