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Visa and passport help required

Discussion in 'UK Visa and Immigration Help' started by Trevor Metcalfe, May 17, 2019 at 9:41 AM.

  1. Trevor Metcalfe
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    Trevor Metcalfe New Member

    Hello my name is Trevor and I am new to the forum I have recently got married to a Philippino lady Wilma from Leyte.She came to England on a six month fiancé visa and we married in the UK on the 20th March this year.Unfortunatly due to family issues she has had to return home to Philippines on the 7th April when her fiancé visa expired.I would obviously like her to return here ASAP on a matrriage visa but understand that I have to wait six months to reapply.She is also now pregnant and the baby is due in early August which she will have in Philippines .I have a couple of questions which I need clarification on as I am getting some very confused answers

    1 As far as the baby is concerned I understand the documents required in the UK to get a British passport our problem is Wilma is having difficulty now in the Philippines with regards to the documents required to register the baby in my name.The Philippine authorities are asking for me to provide a dispatch document otherwise the baby would have to take her surname.Could anybody tell me what this document is and where I get it from?Can I obtain it in the UK as the baby will be born before I can get back.The British Embassy here do not have a clue what I am talking about and the Philippine Embassy never answer the telephone

    My second question is regarding our marriage visa.I understand all of the requirements are the same as the fiancé visa but does Wilma need to resit her A1 English test even though she has already passed it and do we require a further TB test?

    I would be grateful for any more info regarding my situation the barriers we have to go through are draining and finally thank you for excepting me into the group have a great weekend all.
  2. bigmac
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    bigmac Well-Known Member Trusted Member

    hello--welcome to the group.
    unfortunately your situation is outside my range of experience--so i cant offer advice--hopefully someone else can.
  3. janey
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    janey New Member

    Hi, as far as TB Cert. it is valid for 6 mos.
  4. bigmac
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    bigmac Well-Known Member Trusted Member

    you say "Can I obtain it in the UK as the baby will be born before I can get back."---do you mean---get back to the philippines ?

    my filipina wife suggests this--go to the philippines to be with your wife when she gives birth--then you will be able to be named on the birth certificate. if you cant get there in time--she can delay the birth registration for up to a month. take your marriage certificate with you.

    as regards her getting a spouse visa in the future ( pity she didnt apply for her first FLR straight after the wedding !--hindsight etc--)---her A1 test is valid for up to 2 years..but the TB test is for 6 months--so that would have expired by now:(
    • Agree Agree x 1
  5. Mattecube
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    Mattecube I have no need Trusted Member

    Trevor
    I think you are confusing the length of the Marriage visit visa with being able to apply for a spouse visa
    The marriage visit visa is valid for 6 months in that time you must marry (as you did ) and your wife must then leave the country as and when convenient or at the end of the six months (as she has)
    Once she has left the country she can the apply for a spouse visa at any time You do not have to wait 6 months to apply or for her visa to expire

    Look at the timetable of what you can achieve prior to the birth a spouse application can take anywhere from 6 weeks onwards to get a decision!
  6. bigmac
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    bigmac Well-Known Member Trusted Member

    ".She came to England on a six month fiancé visa "
  7. Mattecube
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    Mattecube I have no need Trusted Member

    Ah yes what I wrote still applies.
    No time constraints on applying for spouse visa
    • Agree Agree x 1
  8. Br28016
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    Br28016 Active Member

    If she does not have phil health then should get now. Can pay for current quarter, next quarter and then the next two which gives a years worth of cover which is I think what they require for pregnancy cover. That will, pay for itself in terms of birth costs.

    Requirements for registration will be driven by the local register so may be worth going back to them for clarification.

    Probably driven by the rules in TITLE VIII of below.

    http://www.officialgazette.gov.ph/1949/06/18/republic-act-no-386/

    ARTICLE 258. A child born within one hundred eighty days following the celebration of the marriage is prima facie presumed to be legitimate. Such a child is conclusively presumed to be legitimate in any of these cases:

    (1) If the husband, before the marriage, knew of the pregnancy of the wife;

    (2) If he consented, being present, to the putting of his surname on the record of birth of the child;

    (3) If he expressly or tacitly recognized the child as his own. (110a)

    I suspect the issue is driven by one of the above. Easiest option is to sign birth certificate accepting that may have to delay birth registration cannot be there for birth. As I am sure you are aware having you on the birth certificate is key to getting British passport
    Last edited: May 18, 2019 at 7:28 AM
  9. Br28016
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    Br28016 Active Member

    Reading some more pretty sure the issue will be birth within 180 days of marriage so will be considered illegitamite - have to be conceived and born after marriage to be legitimate. I think you will require the affadavid to use fathers name and affadavit of paternity and to be recognised will either have to be signed in philippines or at philippines embassy and then sent to philippines. Realy need to get your wife to visit the civil registry and get them to detail their requirement for you to acknowledge paternity. Normal process is that you would sign back of standard birth certificate form which is given to the civil registry to register with PSA allowing child to use your surname which I think is an affadavit.

    Embassy have a reputation for not answering the phone and not being particularly helpful. That said personal experience from our one visit in person is that helpdesk person was very helpful for us. Takes ages to gets things done so arrive as early as possible and expect queues before they open. Get ticket and join the long slow queue. Likewise assume you will lose a full day there getting anything done.

    PSA document links which may be useful.

    https://psa.gov.ph/civilregistration/legitimation
    https://psa.gov.ph/civilregistration/republic-act-9255

    Embassy links you may find useful.
    https://londonpe.dfa.gov.ph/consular-matters/civil-registry-certification#C100
    https://londonpe.dfa.gov.ph/consular-matters/legalization

    From family code of philippines - extracts below.

    https://www.lawphil.net/executive/execord/eo1987/eo_209_1987.html

    TITLE VI
    PATERNITY AND FILIATION

    Chapter 1. Legitimate Children


    Art. 163. The filiation of children may be by nature or by adoption. Natural filiation may be legitimate or illegitimate. (n)

    Art. 164. Children conceived or born during the marriage of the parents are legitimate.

    Children conceived as a result of artificial insemination of the wife with the sperm of the husband or that of a donor or both are likewise legitimate children of the husband and his wife, provided, that both of them authorized or ratified such insemination in a written instrument executed and signed by them before the birth of the child. The instrument shall be recorded in the civil registry together with the birth certificate of the child. (55a, 258a)

    Art. 165. Children conceived and born outside a valid marriage are illegitimate, unless otherwise provided in this Code. (n)


    What they will be looking for I suspect is acceptance of you being the father which is normally done by signing the birth certificate. However reading family code this can also be done by admission of legitimate filiation in a public document or a private handwritten instrument and signed by the parent concerned. This may be what they are calling a dispatch


    Chapter 2. Proof of Filiation

    Art. 172. The filiation of legitimate children is established by any of the following:

    (1) The record of birth appearing in the civil register or a final judgment; or

    (2) An admission of legitimate filiation in a public document or a private handwritten instrument and signed by the parent concerned.

    In the absence of the foregoing evidence, the legitimate filiation shall be proved by:

    (1) The open and continuous possession of the status of a legitimate child; or

    (2) Any other means allowed by the Rules of Court and special laws. (265a, 266a, 267a)

    Art. 173. The action to claim legitimacy may be brought by the child during his or her lifetime and shall be transmitted to the heirs should the child die during minority or in a state of insanity. In these cases, the heirs shall have a period of five years within which to institute the action.

    Art. 174. Legitimate children shall have the right:

    (1) To bear the surnames of the father and the mother, in conformity with the provisions of the Civil Code on Surnames;

    (2) To receive support from their parents, their ascendants, and in proper cases, their brothers and sisters, in conformity with the provisions of this Code on Support; and

    (3) To be entitled to the legitimate and other successional rights granted to them by the Civil Code. (264a)
  10. graham59
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    graham59 Well-Known Member

    My son was born in the Phils in August 2015. I arrived back in the Phils shortly AFTER his birth.

    We went back to the hospital to collect various documents, including the hospital birth certificate.

    I was able to add my name to the hospital birth certificate... as father, and that was then sent off to be replaced by the full NSO... (now PSA) birth certificate.

    I married his mother in September 2015

    Subsequently, using these documents... amongst others, my son was granted both a Filipino and a British passport.
  11. Drunken Max
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    Drunken Max Well-Known Member Trusted Member

    Welcome and good luck

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