Unmarried Visa or Spouse Visa

[rjd1969]

Hi All,

I am a UK national by birth not by descent. I have been living in the Philippines for around 5 years but I am now back in the UK working for the last 6 months to apply for a visa for my partner and children. I meet the financial requirements.

I have been with my partner for the 5 years I have lived in the Philippines. We met on Day 2 ! We have 2 children ( 5months & 2.5 years). I was working in the Philippines for the first birth but not the second as I was in the UK working ( but visited shortly after the birth).

Initially i thought that we could apply for the unmarried visa but reading a few horror stories.

Is it not enough that we have 2 children and I am on the birth certificate for both. We have lived in rented accomodation together but for the most part have been living on the family compound.

Would it be much easier just to return to the Philippines and get married ? Then process a Spouse visa?

Any ideas/advice greatfully received.

Thank you!

RJD

[CR001]

Would it be much easier just to return to the Philippines and get married ? Then process a Spouse visa?

This will probably be easier.

For an unmarried partner visa your have to submit rock solid evidence of living together with shared finanical responsibilities for the 2 years immediately preceding the date of application.

There is a small concession in you return to the UK first, but you have reached that point already with being back in the UK for 6 months.

[rjd1969]

@cr001

Thank you for your quick response!

I thought having children would show shared financial responsibilities

I have literally just finished 6 months work and now have the pay slips.

Would another option be a fiance visa and get married in the UK? Or is that just as complicated and expensive?

Thanks again.

RJD

[CR001]

The 24 months proof of 'living in a relationship akin to marriage' is mandatory, no discretion on this unfortunately for an Unmarried partner visa.

Spouse visa taking a couple of months now.

[rjd1969]

Thank you! Can i send you a gift from the Philippines

Would another option be a fiance visa and get married in the UK? Or is that just as complicated and expensive?

RJD

[Casa]

A fiance visa would be the more expensive option as it requires 2 separate visa applications:
Fiance visa @ £1464 followed by a FLR(M) visa once you are married in the UK @ £933 = £2397 + £500 IHS surcharge.
OR
Spouse visa £1464 + £600 IHS surcharge.

A difference of £833

[rjd1969]

I cannot thank you enough for the info!

You rock!

RJD

[Casa]

You may have to be prepared to submit a DNA test result to prove paternity before applying for your children's British passports, assuming they don't already hold one.

[CR001]

You may have to be prepared to submit a DNA test result to prove paternity before applying for your children's British passports, assuming they don't already hold one.

Children RoA sorted for one and in process for the other.

immigration-for-family-members/unmarrie ... l#p1539518

[Casa]

You may have to be prepared to submit a DNA test result to prove paternity before applying for your children's British passports, assuming they don't already hold one.

Children RoA sorted for one and in process for the other.

immigration-for-family-members/unmarrie ... l#p1539518

Thanks Char. Ever feel like we're a double act?

[CR001]

You may have to be prepared to submit a DNA test result to prove paternity before applying for your children's British passports, assuming they don't already hold one.

Children RoA sorted for one and in process for the other.

immigration-for-family-members/unmarrie ... l#p1539518

Thanks Char. Ever feel like we're a double act?

I do indeed and feel we compliment each other beautifully

[rjd1969]

Thank you both! You deserve medals.

Just to let you know we may go for a fiance visa. Im guessing this is easier and quicker as its double the money!

Two reasons.

The first is the flight to the Philippines plus accumulated costs will probably work out the same as paying for the fiance visa and upgrade. Not to mention that the spouse route willl also extend the timeframe to come to the UK. We can only process the spouse visa after i arrive and we get married. We want to make sure we all come to the UK early January.

Secondly , its supposedly bad luck to marry in the same year as ones sister ( as per my partner). So a 2017 wedding is off!

Thank you once again.

Will keep all updated on how it goes.

RJD

[Casa]

That'll give Char and me time to save for up for our hats.

Bear in mind that visa fees generally increase each year in April.

If you apply for a fiance visa you'll have to submit evidence of the wedding plans; quotes for venues, catering, invitations, email correspondence with Registrar asking for available dates etc.

The processing time for a fiance visa is likely to be no speedier than a spouse visa application.

[rjd1969]

I feel honoured to have 2 esteemed moderators replying to my post! And actually a little spoilt!

Dont buy those hats just yet though.

I have found the following documents which I am wondering may provide evidence of cohabiting / Financial responsibility :

1) An official Alien Certificate Registration card with partners address ( From Philippines Govt)

This proves that I was staying at my partners family compound from at least Dec 2016.

If i can get a letter from the partners family who actually rent apartments which states I have been living there would this suffice? This would be notarised.

2) A tenancy agreement with both our names from 2015

3) Rental payments with both our names from 2015 for 3 months only though.

4) Payment / Bank transfers for the last 6 months to my partners account. Including the payment for medical fees for birth of 2nd child.


Cheers,

RJD

[Casa]

Likely to fall short of the evidence needed, even with your tenancy agreement. UPV's come under a great deal of scrutiny, even with children together. The ECO will want to see documented evidence of joint finances, shared bills for the full 24 month period.

[CR001]

It doesn't change the fact that you have now exceeded what HO would 'allow' as an absence for an unmarried partner visa (6 months).

Edit : Plus Casa's advise

P.S. edit : was looking at fascinators this weekend

[rjd1969]

Hi Super Mods!

Thank you for your continued responses. Question on your comment:

It doesn't change the fact that you have now exceeded what HO would 'allow' as an absence for an unmarried partner visa (6 months).

My understanding is that I have to be in the UK for 6 months ( 6 months payslips) to be able to apply for any kind of visa! I received my six months payslip on 29 September 2017. So the earliest I could apply for any visa for my partner is 29 Septemember 2017. That was one business day ago?

You have to work in the UK to be able to confirm that you are settled and also provide the financial requirements. The family could not join me because they do not have a Settlement visa. They cannot apply for a settlement visa while in the UK. they have to be outside the UK?

Seems like a chicken / egg scenario?

Start choosing a hat?

RJD

[CR001]

They could have applied to come to the UK with you, provided you met the financial threshold in the Philippines AND you had a confirmed job to start within 3 months of arriving in the UK or you had substantial savings.

The 6 months absence allowed by HO in the 24 month mandatory cohabitation is for unmarried partners visas not spouse visas.

[rjd1969]

Nooooooooo! I didnt know that! Bummer.

Sorry last question! If the children have ROA do they need an additional settlement visa or be included on the fiance visa in any way? Listed as dependants etc?

Many thanks,

RJD

[CR001]

No they don't. You will only have to apply for your partner. Children do however have to be mentioned as 'dependents' but are not applying for a visa as 'dependents'.

[rjd1969]

Thank you for the reply.

We are thinking about the spouse route rather than fiance as at least that would be definitive. No need to upgrade in the UK. No additional stress or worry if I lose my job within the period.

Will keep you all posted.

[rjd1969new]

Hi,

Cant login using my original login info ( rjd1969).

Its been a long time. I am back in the Philippines trying to push through the spouse visa. The wife is slowing down the process ( cold feet syndrome )

Questions:

Bank statements

I am in PH. I need to apply for new bank account statements. However my bank only provides what looks to be photocopies with a covering letter.

Will this be ok? I cannot get the bank to sign the statements as i am in the PH.

I am hoping my P60 and signed salary statements will reconcile the amounts though?


dependents

I have 2 children. One child has the ROA. The other we will apply for the ROA. I understand that we need to list the 2 children as dependants on the spouse visa.

Should i apply for the ROA before we submit the spouse visa?

If we add 2 dependants to the spouse visa I am presuming that this will not increase the cost of the spouse visa.

Accomodation

We intend to stay at my parents initially while looking for somewhere to rent. They own their own house and they have 2 free bedrooms plus a living room.

I am hoping this is acceptable for a me , my wife and 2 young children ( 3yo and 1yo). is a letter sufficient from them or do we need additional info like floor plans etc?


Thanks as always. You Rock!

[rjd1969new]

Does anyone have the latest turnaround times for Spouse Visa & Right Of Abode?

I am being told on another forum that a UK passport application for my baby will be granted quicker than a ROA. I was hoping the ROA would only take 2-3 weeks like the previous application

Appreciate any feedback.

Richard