Dependent visa help

[confusal]

I am posting in regards to bringing my partner's 2 children over from the Philippines to the UK. I say partner as we are not married yet due to her being married already, however, this marriage has now been annulled finally after more than 6 years going through the Philippine court system. We have have been together over 10 years and have 2 children together who are UK citizens (and myself is fully UK citizen from birth).

I am very confused in what application to make for her 2 children in the Philippines. My partner has a spouse visa through myself and this is due to be extended in August. I called the UKVI phone number and spoke to some woman from a call centre who wasn't very helpful and pretty much wasted the £30 call charge. She told me to fill out FLR(M) and it would cost £993 per child. My confusion is that this form can only be filled in if the child is in the UK. Does anyone know what form I do need to fill in?

I believe it has to be done online at https://www.visa4uk.fco.gov.uk for the Settlement - Settlement - Child or Other Dependant of Settled Person and the visa cost is £1,476 per child plus health surcharge, however, it does not tell you how long this visa is valid for and whether you need to extend it as per the spouse visa so if I apply now then will I have to extend again for the children in August? I read that the dependent visa lasts for however long the the person they are dependent stays in the UK. Also some of the questions are very confusing, i.e, whom will you be staying in the UK with it doesn't list mother??

My "wife" and I are both over the income limits, we can prove sole responsibility of the children as we send an allowance each month, etc. we just want to have all the family together for once....Can anyone help me please??

[CR001]

How old are the children?

Does she have evidence and proof of sole responsibility??

If the children get a visa, they will get a visa for the same duration as what their mother's visa is valid for.

FLR(M) is ONLY for applications made in the UK and as the children are not in the UK, this form is not appropriate.

[confusal]

thanks very much for your reply

The children are 15 and 17, the oldest being 18 at the end of December. I am not sure what proof is required for sole responsibility but we have evidence of sending a regular allowance to them, at a last resort we can probably get in touch with their father (who abandoned them before the youngest had been born) to sign an affidavit, but would prefer other options due to the slow legal system there and potential money begging from him.

So if we apply for the visa now - will they have to extend when their mother extends in August (as she has been here 2.5 years)? I understand it takes approximately 12 weeks processing so do you know how that will work? or is there a possibility to add them to her spouse visa when she extends it?

Unfortunately one concern with this is she did not say on her spouse visa application or any other visa application that she had 2 dependent children in living the Philippines as she thought she'd be refused the spouse visa because we are not married.

[CR001]

If they apply now and arrive before her visa expires, yes they will have to apply for an extension with her for another 2.5 years and pay all the associated visa and IHS fees.

Once the oldest turns 18, getting a settlement visa will be impossible so you best do this as soon as possible.

Is their father named on their birth certificates?

See link below re sole responsibility. Sending money unfortunately is not sufficient.
immigration-for-family-members/sole-res ... 13087.html

[confusal]

thanks for your reply!

yes their father is on the birth certificate. I am not sure what sole responsibility means but there father hasn't seen or contacted the children since the youngest was 2 months old. they live with their grandmother and sister in the family home where my wife use to live.

If my wife's spouse visa is due for extending at beginning of August if we apply for this now along with the 2 children's visa's do you think they would all come back at the same time i.e 12 weeks from now = so they can all apply for indefinite leave to remain in another 2.5 years time?

[CR001]

Please do read the link on sole responsibility I have provided. She either needs a court document awarding her sole custody or proof that the father has relinquished all parental rights. He must also be contactable as HO will likely want to speak to him. A recent case on the forum resulted in 3 refusals for children due to the 'non active in their lives biological father' refusing to cooperate and speak to HO and HO refused to accept the affidavit without speaking to him.

Where is your wife now, Thailand or UK?

She cannot apply for an extension from outside the UK.

The children cannot apply for an extension as they don't currently hold a visa and are outside the UK. They would have to apply on their own as dependents for a child settlement visa, join their mother in the UK and then apply for an extension at the same time as her.

Their visa application is separate to what your wife has to do in the UK.

[confusal]

my wife is here in the UK with myself and our 2 children, her other 2 sons are in the Philippines living with her Grandmother - I think she may well have a court order through the annulment which has just been granted, however, I am not sure exactly. I'm not sure too if her husband will be contactable but will try and make sure he is even it means me flying over there to sort things out!!

I am concerned on this:

The children cannot apply for an extension as they don't currently hold a visa and are outside the UK. They would have to apply on their own as dependents for a child settlement visa, join their mother in the UK and then apply for an extension at the same time as her.

as my wife's visa is valid till 4th August and then it takes 3 months for children's visa. how will they be able to extend their visa's together? when's the latest my wife can apply for the extension?

I assume that also means it will be £1,476 x 2 then £993 x 3 in total costs for all of this?

[CR001]

as my wife's visa is valid till 4th August and then it takes 3 months for children's visa. how will they be able to extend their visa's together? when's the latest my wife can apply for the extension?

She can apply up to and including the day her visa expires. There is possibly a priority service available in the Philippines, but you would have to check and this will cost a few hundred more each.

I assume that also means it will be £1,476 x 2 then £993 x 3 in total costs for all of this?

Yes. Plus the £500 immigration health surcharge for the UK applications and £600 each for the Philippines applications.

What date exactly does the eldest son abroad turn 18?

What date did your partner ENTER the UK on her spouse visa?

[confusal]

my wife entered on 8th December 2014 and the eldest is 18 on 24 December. does that mean my wife's visa is valid until 8 September?

Wow these costs are piling up!!!

[CR001]

You need to check the date of her visa expiry and plan accordingly.

The almost 18 year old will have to absolutely apply a few months before turning 18.

[confusal]

thanks for your help on this!

her visa expires on 4th August.

I've seen now that there will be additional costs once the visa extension is over for the indefinite leave to remain which is another £2,269 x 3 is this correct? meaning over the next 5 years it will be around £14k paying out in fees and this is on top of the fees I have paid already for the settlement visa and for registering my British son who unfortunately had to be born in the Philippines due to being mislead by the British consulate there. It's beyond belief, and I'm starting to think we will all be better off just moving over to the Philippines permanently.

[CR001]

thanks for your help on this!

her visa expires on 4th August.

I've seen now that there will be additional costs once the visa extension is over for the indefinite leave to remain which is another £2,269 x 3 is this correct? meaning over the next 5 years it will be around £14k paying out in fees and this is on top of the fees I have paid already for the settlement visa and for registering my British son who unfortunately had to be born in the Philippines due to being mislead by the British consulate there. It's beyond belief, and I'm starting to think we will all be better off just moving over to the Philippines permanently.

Correct and the fees go up every year in April. This year and last year were particularly brutal in the % increase. Then there will also be additional costs,quite high too, if they wish to apply for citizenship.

You should also note that the older children will require 5 years residence as they will be over 18 when they qualify for ILR and therefore there will be an additional cost of an extra visa extension for them to make up 5 years. They will also have to remain 'dependent' on their mother, i.e. cannot lead independent lives, marry etc until they are granted ILR.

If they wish to study at Uni, they will also be considered on international fees and won't qualify for student finance as UK citizens do.

I feel your pain, my whole journey for my daughter and I, from entry clearance to citizenship cost me just over £9k and our journey started in 2008 and ended in beginning of 2013.

[confusal]

Thanks for your message again.

This is getting worse and worse by the minute and I am starting to lose hope! I'm working it out that it will cost over £20k altogether as I had to pay around £3-4k for the annulment of her marriage to dodgy judges/lawyers in the Philippines. I've seen the citizenship once they have ILR will be another £4k. then the airfares on top or that another £2k and think I most probably will have to get a solicitor involved which will mean more £s. All this just to have a normal family life - I find it sickening and it's the 2 boys in the Philippines who i feel most sorry for as they look to me as their Father but we have never been able to live properly together as a family. If they do manage to come over then I will also be pretty skint and having to work non-stop to pay off all these fees ruining our family life together again.

[CR001]

Have you thought of relocating as a family to another EU state?

Google "Surinder Singh route"

[confusal]

Thanks for your help on this!

I just booked an appointment with a solicitor for next week! the surinder singh route could be an option but involves alot of hassle with schooling for my son, selling/renting my house etc etc!!

[CR001]

Worth a look though. A lot of people go to Ireland or Malta as the language isn't a problem.

Denmark too is good with excellent schooling and healthcare.

[confusal]

thanks will look into this - I work from home which does makes it a lot easier!