- February 26, 2017 at 7:18 AM#27598
I am a UK citizen living in the Philippines for 3 years returning to UK end of 2017. I am recently married to my wife who is a citizen of the Philippines and who has one dependent turning 4 years old end of 2017 who I met and have lived together with since he was 6 months old (nearly 3 years). We have had two more kids the first July 2015 and the second who is now 2 months old, both of who should have no issue in gaining their UK passport.
Having enquired about the adoption of the eldest which is likely to take 2-3 years even though there is no father on the birth certificate and the father is unknown, I’m now concerned we might have to leave him in the Philippines until the adoption goes through. Having spoken to friends i’m now under the impression that it might be possible to get a spouse with dependent visa for the eldest (even this wont give him access to various child benefits whilst in UK).
I’m a director of my own business, i can prove an income of more than £18,600 a year plus i have savings and can prove i have fixed (rental to begin) accommodation upon arrival to UK and enough funds to take care of my family.
The question is: is it likely that i could leave the Philippines with my two kids who have UK passports plus my wife with one child of 4 years who both have passports of the Philippines?
I’m really not concerned about associated costs, benefits upon arrival to UK, i just want to understand if its worth working toward us going to UK as a complete family of five without having to wait for adoption.
Really appreciate your help.
- February 28, 2017 at 4:33 PM#27621
Your Immigration ExpertKeymaster@GlobalVisas
Enter The UK As A Family
The only issue with this is that in the UK it is a crime to take a child overseas without both parents consent. As the father is not listed on the Birth certificate there should be no issues under normal circumstances.
That does remain a weakness in your case which could be a reason for the Immigration Officer to refuse you wife’s visa. I would still apply and show statutory declarations from family, local professionals, teachers, etc… who will confirm you are the child’s guardian and stepfather. There is a high level of refusal for spouse visas from the Philippines but you do have a strong case and a UK Immigration Officer would be hard pressed not to recognise the need.
You can also quote section 8 of the human Rights Act and your right to family life. It does make a difference.
- March 1, 2017 at 10:07 AM#27629
Thank you for taking the time to understand my situation and your advice is gratefully relieved. Do you by any chance have a link to where i can find out how much the NHS upfront payment would be for my wife and step son? and also how we go about making that payment?
- March 1, 2017 at 4:20 PM#27634
dont worry about my last question i understand the answer now – thanks for your help!