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maxheadroom1970
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Post by maxheadroom1970 » Tue Aug 22, 2006 7:37 am

Hi,

Im a Filipino Citizen and I was planning to get a resident permit as a spouse of a british citizen here in the Philippines but it will take about 3 months to process the visa. I need to go back to uk as my hunband & kids are already there (I just came back last week to sort out some personal matters) and they will start school soon.

My question is, is there in anyway i can apply my residency in uk? One of the guys from the embassy here in the Phils said I have to do it from here but I cant stay here for 3 months for the reason stated above.

Can you please help me on this.

Thanks

John
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Post by John » Tue Aug 22, 2006 8:01 am

My question is, is there in anyway i can apply my residency in uk?
Sorry to say the answer to that is no. You need to get your spouse visa issued there in your country.
One of the guys from the embassy here in the Phils said I have to do it from here
He was right.
I need to go back to uk as my hunband & kids are already there
Prior to you leaving the UK, what was your UK immigration status? Did you have a visa? If so, what is the expiry date on that visa? And what type of visa was it?
John

maxheadroom1970
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Post by maxheadroom1970 » Tue Aug 22, 2006 8:28 am

Thanks for the reply.

I have a tourist visa, for 5 years, multiple entry and i can stay for 6 months.

So does that mean I really have to stay here. Any other means to apply from uk.

maxheadroom1970
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Post by maxheadroom1970 » Tue Aug 22, 2006 8:33 am

Hi,

There must be a way that I can do it in uk, I really have to go back there ASAP my 3 young kids need me. My husband need to go back to work.

Please please HELP

John
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Post by John » Tue Aug 22, 2006 8:39 am

You have not said when the expiry date on your current visa is? When is it? Has it expired already?
I need to go back to uk as my hunband & kids are already there
When did you get married? When were the children born?

I think the problem is that you have not been living in the UK as a visitor! You have been living there as a person who has settled in the UK. Your immigration status in the UK has been wrong, quite possibly for years.

But do post the answers to the questions asked above. In other words, give us a better picture of your situation.
John

maxheadroom1970
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Post by maxheadroom1970 » Tue Aug 22, 2006 8:54 am

Thanks for the reply.

We got married in 1999 we live here in the Philippines. I have visited uk several times as tourist. The last visa they gave me was for 5 years expires 2009. All 3 kids have british passports.

We all left for a holiday to uk last July 28 but when we were there we decided to stay for good for reasons of work and kids education.

I came back to the Philippines to ship some of our belongings and I decided while im here to apply for the resident visa, I didnt know that it takes that long, I was thinking a few weeks maybe but they said theres a long que of applicants for the settlement visa.

Thats why I want to find out if I can apply there so I dont need to exit every six months, costs a lot of money and I have to be with the kids.

John
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Post by John » Tue Aug 22, 2006 9:07 am

Sorry, don't shoot the messenger, but based upon the information supplied by you ..... I really do think you need to apply for a spouse visa there in your country. But because the two of you have been married for over four years, you should be issued with ILE .... indefinite leave to enter ... when you do apply for your spouse visa.

And of course when you do apply for a spouse visa the application needs to be supported by all the evidence that is required. It is a question of showing, for example, that you will not need to claim certain Public Funds.

It is impossible to switch a visitor visa into a spouse visa in the UK. A "no switching" rule was introduced as long ago as 01.04.03. Quite simply the UK Government got totally fed up with the numbers trying to do that, and at that time, succeeding in saving on the spouse visa application fees. So they put a stop to such switching. Now even if the person is in the UK, they need to return to their country to apply for a spouse visa there.
John

maxheadroom1970
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Post by maxheadroom1970 » Tue Aug 22, 2006 9:16 am

Thanks for your help. I really appreciate it.

Anything else I need to know that will help me in anyway possible. Maybe I can apply a different visa for as long as I do it from that end.

John
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Post by John » Tue Aug 22, 2006 9:34 am

Maybe I can apply a different visa for as long as I do it from that end.
No sorry, a spouse visa is clearly the one to go for. There is no alternative for you.

Your best hope is asking the British Embassy in Manila to expedite the application. Except a quick look at the website of the British Embassy in Manila shows that applications are made via TT Services Philippines Inc.. This webpage is clearly going to be useful to you, as is this checklist detailing the information needed in support of the application.

Why are you talking about a three month delay in issuing spouse visas? The point is that where a visa application company is in place it is often the case that many applications are approved without the need for an interview at all. As long as the supporting evidence is good.

So if you have simply phoned the embassy and asked about the delay for settlement visa interviews, and got the answer "three months", well that might be very misleading information. It could be that the visa will be issued without interview, and possibly in under a week.

You now need to start gathering the required supporting evidence together .... as per that checklist.
John

maxheadroom1970
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Post by maxheadroom1970 » Tue Aug 22, 2006 4:36 pm

i did check the TT Services, spoke one of the agents it will take about two weeks. I can stay for two weeks no problem but not a month and definitely not 3 months.

I called the Embassy today just to make sure that before I submit all requirements that it would really only take ten weeks, they said 3 months max or 1 month (not 10 days) if theres no need for you to be interviewed.

Didnt want to take the risk of having to stay here and wait for that long because I really have to go back there ASAP.

Is it really impossible to apply from uk, wont they consider my application at all? Sorry for asking same question again ang again.

Kayalami
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Post by Kayalami » Tue Aug 22, 2006 9:44 pm

With respect it doesn't matter how many times you ask the question the answer stays the same - under the immigration rules a visitor may not switch to marriage status in the UK. John has explained the rational behind the government policy that has been now in place for several years.

To make matters worse the Immigration Officer (IO) at the Port of Entry when you return in haste as you obviously want to without first gettign your spouse visa will be within his/her right having authorisation from a Chief IO or higher level officer to cancel your visa and send you back home because you are clearly not coming to the UK for a visit for a maximum of 6 months.

I am sorry that is not the news you want to hear but you need to meet the UK's immigration rules not the UK's immigration rules meeting your needs.

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