Can anyone please advise?

[jmm]

I am a British Citizen living in Australia on a working visa. My wife is a filipina and our 3 year old son is a British national. We have been married five years.

I am in the process of being interviewed for very high paying professional jobs in the UK.

I looked at the form and it asks for an address in the UK. We own our own house in Australia and will sell it later. My employer will arrange a hotel for the first month and then we will rent. Do I put not applicable on this part?

Can I apply for the settlement whilst residing out of the UK? Has anyone done it here? There must surely be lots of people in this position moving back to the UK with foreign spouse and wanting to go back. It doesn't make sense that the UK would deliberately split a family and force the husband to go back to the UK to get settled first - especially when there are children. I would go nuts to be away from my family!

My salary will be a bit over hundred thousand pounds - will that make a difference at all? Of course, at the time of applying I may just have only a contract to show for my future job.

If not, things are complicated because I may be required to start within two months, and then my working visa is cancelled and my wife as my dependent cannot stay in Australia beyond 28 days.

The Philippines is also very strict about children with different nationalities, they need all sorts of formal proof that I have allowed my wife to take my child.

I hope someone can advise.

[John]

Accommodation ... give the hotel address ... that is OK. Include details of the hotel booking in the "evidence folder" you are going to be preparing.

Can I apply for the settlement whilst residing out of the UK?

Your wife will be the applicant for the spouse visa. You will be the sponsor. It is totally OK for your wife to apply, even though currently you are living there with her.

My salary will be a bit over hundred thousand pounds - will that make a difference at all?

I don't think you are going to have a problem passing the financial test.

My wife is a filipina and our 3 year old son is a British national. We have been married five years.

Your wife and child are living there in Australia with you? Having been married over 4 years, do draw this to the attention of the British Mission, when the visa application is submitted, so that the correct visa is issued. That correct visa will permit your wife to apply for ILR as soon as she has passed the Life in the UK Citizenship test.

The Philippines is also very strict about children with different nationalities, they need all sorts of formal proof that I have allowed my wife to take my child.

If you are all in Australia at the moment, how is this an issue? The spouse visa application will be made in Australia, not in your wife's home country ..... assuming your wife has legal residence in Australia.

[Christophe]

The Philippines is also very strict about children with different nationalities, they need all sorts of formal proof that I have allowed my wife to take my child.

If you are all in Australia at the moment, how is this an issue? The spouse visa application will be made in Australia, not in your wife's home country ..... assuming your wife has legal residence in Australia.

No, but I wonder if it could potentially be a problem during any future visits to the Philippines if it is not dealt with properly at the outset?

[John]

We have been told :-

they need all sorts of formal proof that I have allowed my wife to take my child.

I can't see that she is taking their child! The fact is, as I see it, they are taking their child! Surely that is rather different!

The wife will get her spouse visa, and then all three of them will travel to the UK together, I suspect. Where is the problem?

But if in doubt, no doubt jmm can contact a Philippines embassy.