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Spouse Visa Applying in Manila

Discussion in 'UK Visa and Immigration Help' started by Nnohaj, Feb 25, 2020.

  1. Mattecube
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    Mattecube face the sunshine so shadows fall behind you Trusted Member

    Have you adopted him? Have you read the rules ob British by descent in the link I posted above, I think you are in a highly complicated situation. What will you do if entry is refused?
  2. Nnohaj
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    Nnohaj Member

    Oh he is our biological son. I wouldn’t know what to do yet if entry will be refused, hopefully not!
  3. Mattecube
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    Mattecube face the sunshine so shadows fall behind you Trusted Member

    Oh sorry I misunderstood the"(his parents are both born and living in UK)." If you were born in the UK why are you applying for a visa?
  4. Nnohaj
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    Nnohaj Member

    No it’s okay! Sometimes I get confused too lol
    My Husband is british by descent( born in NZ with british parents).
  5. bigmac
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    bigmac Well-Known Member Trusted Member

    confused.com
  6. Nnohaj
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    Nnohaj Member

    Sorry! English is not my first language
    • Winner Winner x 1
  7. oss
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    oss Somewhere Staff Member

    Hi Nnohaj, sorry I have only skimmed this thread but I noticed this sentence and that gave me some concern when combined with the other point you make here.

    You say the father is British by Descent, unless you have full British citizenship the child is not eligible for British citizenship through the father.

    A child born to a British citizen by Descent has to be born in the UK while the parent is resident in the UK in order to gain British citizenship, my daughter is a British Citizen by Descent and her children will not automatically be British unless they are born in the UK.

    There is a strong chance that you will not be able to get British Nationality for your child after arriving on visa waiver.

    https://britishexpats.com/wiki/British_Citizenship_by_Descent#:~:text=If you are a British citizen by descent,,will not automatically be a British citizen unless:

    https://www.gov.uk/apply-citizenship-british-parent

    https://www.gov.uk/apply-citizenship-british-parent/born-on-or-after-1-july-2006

    upload_2020-7-2_13-5-48.png
  8. Nnohaj
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    Nnohaj Member

    Hi oss! Thanks for this information. I realized it was registration as a british citizen (minor)..under section 3(5)..I hope that’s what will work
  9. Mattecube
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    Mattecube face the sunshine so shadows fall behind you Trusted Member

    Hi please post the section you are referring to.
  10. Nnohaj
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    Nnohaj Member

    Oh it’s from this link:
    http://www.legislation.gov.uk/ukpga/1981/61/section/3

    And this is what we think our son can qualify:

    A person born outside the UK and the qualifying territories]shall be entitled, on an application for his registration as a British citizen made while he is a minor, to be registered as such a citizen if the following requirements are satisfied, namely—

    F7a
    a)that at the time of that person’s birth his father or mother was a British citizen by descent; and

    Subject to subsection (6), that that person and his father and mother were in the United Kingdom [F7qualifying territory] at the beginning of the period of three years ending with the date of the application and that, in the case of each of them, the number of days on which the person in question was absent from the United Kingdom [F8and the qualifying territories] in that period does not exceed 270; and

    (c)subject to subsection (6), that the consent of his father and mother to the registration has been signified in the prescribed manner.
  11. Mattecube
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    Mattecube face the sunshine so shadows fall behind you Trusted Member

    Yes I saw this also in the link I posted earlier in the thread and it looks to be right.
    I researched it further and cannot find anything that contradicts it, this is why I didn't really comment on the British by descent, I was also hoping to find something on the commonwealth countries and thone residents moving over.

    All that said I think you are in a complex situation that needs very careful consideration a as I said earlier.
    If your son is visiting the UK he doesn't need a tb screening or visa however you suggest that you intend it not to be a visit.
    Under the rules again as I posted earlier you are going to have to convince UKBA that your son is only visiting hence no visa required but that he will leave the country during or at the end of the 6 months, but in this time you intend to apply for British Citizenship and I think UKBA will pick up on the entry point.
    Risky strategy you have but good luck.
  12. Heathen
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    Heathen Active Member

    Im going to take a Paracetamol :D. You have chosen to take this way forward good luck, personally i would have thought it would have been easier to apply for a visa for your son at the same time as you apply for your spouse visa, surely if you have all the correct paperwork they wouldnt refuse ?.
  13. Br28016
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    Br28016 Active Member Trusted Member

    Deleted
    Last edited: Jul 2, 2020
  14. Mattecube
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    Mattecube face the sunshine so shadows fall behind you Trusted Member

    yes thats the one Nnohaj posted earlier as did I, Its complex!
  15. Nnohaj
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    Nnohaj Member

    Oh no heathen you’ve gotten a headache on this too!:D Reason why I can’t add him on my application is he does not have a Philippine passport and accdg to rules if applying from Philippines he should be a resident here. We also can’t go to NZ to apply we do not even have a house or have not even went there at all! This gives us a very complicated route I know. But all your advise are taken in huge consideration and I truly appreciate it. Especially on my spouse visa document collection. I’ve been so right to join in this friendly forum. Today is our TB test appointment in Manila so I’ll get ready now.:)
  16. oss
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    oss Somewhere Staff Member

    I still have a concern for you in relying on 3(5) all three points (a) (b) and (c) have to be satisfied in order to qualify and I don't think a birth place of Dubai qualifies as a qualifying territory for this purpose.

    Further 3 (5) (b) implies the requirement to be resident in the UK for three years prior to the date of the application for citizenship. While 3 (5) (b) is dependent on 3 (6) it appears that 3 (6) does not apply in your case and can be ignored, however as the child would be arriving on a visa waiver which is valid for 6 months I don't see how the three year requirement in 3 (5) (b) can be satisfied.

    You need to get professional advice on this as I think you are taking a very big risk trying to arrive with a child who is not part of your visa application.

    http://www.legislation.gov.uk/ukpga/1981/61/section/3
    upload_2020-7-2_22-19-18.png

    Just to be clear, a British Citizen otherwise than by descent can automatically pass their nationality to their children.

    A British Citizen by descent cannot automatically pass their nationality to their children unless at the time of child's birth they were in a qualifying territory or in Crown service in a qualifying territory.
  17. Br28016
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    Br28016 Active Member Trusted Member

    Didn't realise that there had been updates before posting so response was irrelevant and deleted.

    https://www.gov.uk/government/publications/children-nationality-policy-guidance

    Link above is useful and I think confirms @oss view which is how I read it.

    Might have option under sub section 2 as opposed to 5 depending on birth father and his parents actual circumstances.

    Definite time for legal advice as there are lots of legal niceties that have to drawn out which could effect the situation.
  18. oss
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    oss Somewhere Staff Member

    There is also this document, Page 15 of 18, titled "Ability to pass British citizenship on to children born outside of the UK".

    https://assets.publishing.service.g...Nationality Act 1981, a new-born infant found
  19. Br28016
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    Br28016 Active Member Trusted Member

    If he is in philippines then should be there as citizen or at least balikbayan if entered with you - bb on visa stamp and no exit date from memory - if over three months then could get ACR card to prove living there. Would have expected that balikbayan status should count as resident.

    Surprised that cannot register him there and get philippines passport that way. Might be worth visit to PSA in manila for advice.
  20. oss
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    oss Somewhere Staff Member

    Any child of a Filipino mother is automatically a Philippine citizen, jus sanguinis 'right of blood' is the applicable principle for determination of Philippine citizenship.

    To get recognition is just an administrative procedure http://immigration.gov.ph/index.php...nd-aquisition/recognition-as-filipino-citizen albeit that it is quite an expensive procedure at around 200 UK pounds.

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