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What are the rules regarding a spouse from outside the European Union/EEA joining husband/wife in the UK if the marriage is held abroad? 

QUESTION: My wife is a Filipina, I am British and we have a baby who was registered at the British embassy in Manila. My wife is here in the UK with me on a 6 month visitor visa. Can we change the visa for her to remain in the UK as a family unit?  Mr GA, Walsall

 

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ANSWER: Not from inside the UK. A settlement visa application must be made in the country of origin of the applicant (Philippines in this case).

It is probably better to get an application drafted here by an immigration expert, and the documents checked and made ready, then get the application lodged in Manila when your wife returns home. Unless you are absolutely certain of your ability to complete the form and the documentation, get an expert to draft the application. A few hundred pounds spent is better than the possibility of a refusal, which could also become a ten year ban for a new application.

The main thing regarding documents is never submit fake documents in support of an application. UK Borders Agency (UKBA) will instantly reject applications with fake documents. You say your child has British citizenship, this is a plus in your favor.

As long as all the requirements are complied with there should be no trouble, the main criteria is that the UKBA must be satisfied it is a genuine marriage and that the sponsor in the UK has the required financial resources to support the family unit (not be claiming welfare from the state). 

[You will not be allowed to switch if:

you have entered or remained in the UK in breach of the immigration laws (for example, by overstaying your visa); or
your marriage or civil partnership took place after a decision was made to deport or remove you from the UK; or
you came to the UK as a visitor with permission to stay for 6 months - you must leave the UK and apply from your country of residence.]

 

VAF4A application form - partners, children and other family of UK citizens or settled persons (settlement) PDF 177KB opens in a new window 

 

The following link is the information page from the UKBA's website which refers to partners/spouses:

Partners and families

 

http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/   

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