1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

Gutted :(

Discussion in 'General Chit Chat' started by DJB, Aug 15, 2016.

  1. DJB
    Offline

    DJB Active Member

    Well the time is almost here for my Filipina to return home after almost 5 and 1/2 months, she flys out on the 24th Aug.

    She is beween a rock and a hard place right now, looking forward to going home but doesn't want to leave me.

    Theres going to be plenty of tears I know that.

    We are considering out future options right now and are wondering how soon can you apply for a another visa ??
  2. Timmers
    Offline

    Timmers Well-Known Member Trusted Member

    Settlement visa on the cards?
  3. ChoiAndJohn
    Offline

    ChoiAndJohn Well-Known Member Trusted Member

    Not aware of anything that prevents you applying for a spouse or a marriage visa immediately. However I suspect that applying for another 6 month tourist visa right away might be viewed with suspicion.
  4. Timmers
    Offline

    Timmers Well-Known Member Trusted Member

    I agree, the alarm bells will be ringing for sure.
  5. DJB
    Offline

    DJB Active Member

    I'm in a bit off a dilemma you see, currently working in a well paid job and the plan was to live in the Phils as from next year, I have leased two plots off land which are currently growing papaya, so that's the income taken care off, albeit not a massive income.

    I have bought a plot of land also and we are building a house there. Now the plan was to get married and live in the Phils but something struck me the other day.

    If anything happens to myself, outside the scope of private medical ins and I had to return home and stay in the UK, then we would have to apply for a settlement visa for my girl to join me in the UK.

    Without being in the job Im in now, I never would meet the financial requirements for the said visa.

    Might have to stay in this job a bit longer than planned till we are married and have a settlement visa.

    Bugger
  6. Timmers
    Offline

    Timmers Well-Known Member Trusted Member

    I read somewhere that you can only spend 6 months of 12 in the UK on a visit visa which would make sense. You can enter the UK multiple times in a 6 month period.

    You might want to read up on the subject for clarification.
  7. ChoiAndJohn
    Offline

    ChoiAndJohn Well-Known Member Trusted Member

    Even if you did apply for a settlement visa in the UK for your wife, she would still be required to reside in the UK with you. You may not apply for a settlement visa for your wife and then one of both of you choose to reside outside the UK. When it comes to renew the settlement visa (the FLR(M) ) you will be required to demonstrate that you have both lived in the UK for that time. There are restrictions on the amount of time that she may spend outside the UK.

    It seems to me that if it is your plan to reside in the Philippines and yet be free to return to the UK with your wife without hindrance, then she will require a British passport or indefinite leave to remain. Therefore you would probably be best served by applying for a settlement visa in the UK, living in the UK for the five years and then applying for her to have Indefinite Leave To Remain leading to British Citizenship.
    Last edited: Aug 15, 2016
  8. DJB
    Offline

    DJB Active Member

    Jeeeez.... is that the time scale 5 years ??? in that time could my Wife return to the Phils and back to the UK again or are there restrictions on movement ??
  9. Timmers
    Offline

    Timmers Well-Known Member Trusted Member

    Once she has the first FLR(M) then she can come and go within reason, there are time limits (days out of UK) to be considered over the five year visa route.
  10. ChoiAndJohn
    Offline

    ChoiAndJohn Well-Known Member Trusted Member

    During the first 2.5 year settlement visa period (before the FLR(M) ) your wife is effectively limited in the amount of time she can spend outside the UK. You are certainly required to demonstrate that you lived together, within the UK, during that period and since the objective of the visa is for your wife to live with you in the UK, I would suggest that it's not a good idea to spend a large amount of time abroad. I haven't been able to find a precise figure.

    I believe that there are also limits on the time that she will spend in the following 2.5 year period (after FLR(M) ) - I found a PDF on google if you search:
    "indefinite leave to remain calculating continuous period in uk" you will find it.

    After issuance of ILR, there are also limits to the time spent outside the country before she will lose any indefinite leave to remain.

    https://www.gov.uk/government/publi...thout-losing-their-indefinite-leave-to-remain

    Furthermore, when applying for citizenship after ILR I believe the rule is that can spend no more than 270 days out of the UK during the 3 years before you apply and no more than 90 days in the 12 months before you apply.

    I would suggest that the 5 year route within the UK leading to Indefinite Leave to remain and then applying for a British passport will leave you both with the most flexibility.
    Last edited: Aug 15, 2016
    • Informative Informative x 1
  11. DJB
    Offline

    DJB Active Member

    Thanks guys, most helpful as always.
  12. Timmers
    Offline

    Timmers Well-Known Member Trusted Member

    Take a look at the link below, it will tell you how many days you are allowed to be out of the UK for whilst on the five year settlement route.

    Bear in mind you are allowed more time out of the UK for business purposes or a family illness for example, both of which have to be proved to the UKVI;

    http://lifeintheuk.net/index.php/after_the_test/absences_during_residence_ilr/
  13. john jones
    Offline

    john jones Active Member

    Hi must be hard for you both to say goodbye but you are both stronger now in your commitment to each other and your resolve to be together permanently. I fly out on the 27th august to catch 2 weeks with my other half. 3 weeks in April and 2 in September isn't ideal but we have to do what we have to do till the time is right. I hope you both have some good news waiting for you on her return. good luck friends.
    • Like Like x 2
  14. DJB
    Offline

    DJB Active Member

    Thanks John guess what I am out there also in April next year.

    We just have to get together ???
    • Agree Agree x 1
  15. bigmac
    Offline

    bigmac Well-Known Member Trusted Member

    i know--looking back 5 years ago when i first got involved with my lady-----i had no idea what lay ahead.

    firstly i had no idea about the no divorce in the filis--and the expensive complication and delays annulment causes.
    then the new rules came in in july 2012--just before she returned home when her student visa expired.
    no way could i meet the earnings rule--i was a pensioner--with woefully inadequate savings.

    a year later she was able to get a visit visa in july 2013--and stayed with me till jan 2014. in that period i was able to sell my house --to free up capital to meet the savings requirement. ( i rented a place for a while ). she also filed for annulment in dec 2013 from here in the UK.
    so--the clock started ticking--i had to accrue 6 months bank statements showing my savings--and we understood her annulment would take 9 months--so i was planning her visa app would be in the autumn of 2014.

    fat chance

    her annulment dragged out till feb 2015. in that time i had to move to another rental.

    all set for april 2015 for her visa app----but her TB test had expired--and fate bit us hard when she failed a new test.

    this set us back till dec 2015---but thankfully she applied and was granted a fiancee visa in feb this year. we married in april---applied for flr straight after----and we recently moved into our new home ive bought.

    so--looking back--i shudder to think of all the costs involved--estate agent fees solicitors fees--selling and buying. stamp duty----21 months rent--eye watering!....visa fee flr fee IHS--premium fee---air tickets....stop-------
    • Like Like x 2
    • Winner Winner x 1
    • Friendly Friendly x 1
  16. ChoiAndJohn
    Offline

    ChoiAndJohn Well-Known Member Trusted Member

    You've certainly been through it. What a hassle. I hope that you won't have any problems with the income requirement next FLR application now that you've bought the house?
    I suppose you're planning to get your wife working and use her income in addition?
  17. Timmers
    Offline

    Timmers Well-Known Member Trusted Member

    A good example of the sacrifices that sometimes have to be made to finally get together :like:
    • Agree Agree x 1
  18. bigmac
    Offline

    bigmac Well-Known Member Trusted Member


    my dear old dad passed in january--95 years old--and left me comfortably off--so no prob with sponsorship savings------but--yes--shes working all hours now---earning a lot more than me ! but a lot of that heads overseas.

    as a side note--she wants to bring her son over next year--but i understand i will still be the sponsor. can her income be included in the appendix ?
  19. ChoiAndJohn
    Offline

    ChoiAndJohn Well-Known Member Trusted Member

    since she is in the UK and you will be applying for FLR my understanding is that you can include her income as well as your own.
  20. bigmac
    Offline

    bigmac Well-Known Member Trusted Member


    Er..no..mean her son's settlement visa app. I understand she can't be his sponsor within her FLR term. So I wonder if her income can be combined with mine?

Share This Page