Spouse Visa Applying in Manila

As I see b the bit you have hilited (post 56) if they (the parents) have been in the UK for 3 years at the point of application and not been out for a period or periods greater than 270 days in those 3 years then 5b is satisfied,as is a and c.
Its complex, but I wish the family good luck and good fortune.

The key word here in this case is automatically! I guess

I understand the complexity of it. And I appreciate all your info on this. It is really a complicated situation we are facing but there should be a solution. We will be consulting an immigration lawyer to help us with it. Thanks a lot to everyone.

Have you read my earlier posts prior to your first post on this?
It is the very point I make early on
To reiterate if child came over on a visa free waiver 6 months permissible on a New Zealand passport the parent or parents are traveling on other visas they are going to have great difficulty if asked explaining that the child is here as a visitor. More so that the passport would show he has not set foot in the country to which he holds a passport.
I further point out that if and I say if they got child through that when they did apply for British Citizenship the fact he is only on a visit period will get picked up.
As I say I have mentioned all these points to the op in previous posts, I also comment that they are undertaking a highly risky strategy.

I believe your right in your thinking so I wish
Good luck to your family for the future please let us know the path you take and the outcome

Yes M

Yes Mattecube I will definitely update you. Thank you for your kind wishes. Stay safe everyone.

Nnohaj, i suggest you do as oss says by following his link http://immigration.gov.ph/index.php...nd-aquisition/recognition-as-filipino-citizen get your son Philippines citizenship, then follow the usual route of Spouse and Son visa applications, the Philippine citizenship looks straightforward to me, and will avoid more headaches.. any other application i believe as Mattecube and others say is high risk.. good luck..

It's OK suggesting the child obtains Philippines citizenship and then goes through child dependant visa application, but who will look after the child? Mum? As we all know anyone on a visa right upto and including ILR can spend only a limited time out of the UK maybe Nnohaj has exhausted this time or is close we don't know.
Clearly from her posts she and her husband have thought through the processes and arrived at their decision.

I think as I have said the risk lies in bringing the child in on visa waiver and then applying for citizenship.
She is taking her case to an immigration lawyer and it will be interesting to know the outcome.

we havent seen our old friend boots on the ground on here for quite a while...

or have we ?

Timeline is consistent with Manila lockdown throwing spanner in the works. True potentially could have submitted during lockdown but no ability to do biometrics at VFS.

With as messy a situation as described then do need to get correct although some things could be simplified fairly quickly. We all have our points of view and would probably do some things differently although that is based on our own experience.

First priority for me would be sitting out child Filipino psa birth registration. After that would probably go down the visa route for child as sure that child qualifies as resident in Philippines currently. If not will be overstayer when leaving which has different problems.

Easiest option if going with current plan would be to get father to take child through immigration control separately to the mother. Child born in UAE would probably be assumed to be visiting with British father and would expect minimal problems. Flying with ethiad or Emirates would probably also help. Still think there will be big problems trying registration under subsection 5 having read guidance for immigration staff.

It would be 2 separate applications Spouse and child dependent,but yes at the same time.

Hi guys, as per consultation with an immigration lawyer, we decided to push through with applying for my spouse visa. I submitted my application and was very truthful in what we plan to do especially with our infant son entering UK with us and then applying for his registration as british citizen as per:
Registration under Section 3(2) of the British Nationality Act 1981
Minors are entitled to registration as British citizens under s.3(2) of the British Nationality Act 1981 if:

• born either outside the United Kingdom on or after 1 January 1983 and or born outside the United Kingdom and the qualifying territories on or after 21 May 2002; and
• either parent ("the parent in question") was a British citizen by descent at the time of the child's birth; and
• the mother or father of the parent in question (i.e. the child’s grandparent) became or, but for their death, would have become, a British citizen otherwise than by descent on 1 January 1983; and
• the application was made while the child is still a minor; and
• Either the parent in question:
  • had, at any time before the child's birth lived in the United Kingdom for a continuous period of 3 years; and
  • was in the United Kingdom at the beginning of that 3 year period; and
  • was not absent from the United Kingdom for more than 270 days in that 3 year period;

VFS told me decision will take 2-3 months, but I know covid issues might make it longer. Anyhow, it’s a huge relief being able to submit it finally. Thank you everyone for your advise and info. Fingers crossed! Keep safe all.

UPDATE: I got Approved!!! Spouse(Partner) Visa received today granted 90days entry. Thank you all so much for your info and advice. It’s a huge relief after all the documentations and the gruelling waiting time! All worth it. Now on to the next stage-departure from Manila. Wish everyone the best of luck in their visa applications!

wooo hoo well done!

Congratulations, don't forget to apply and print off your CFO certificate as per @Junior Charlie post on other thread