How to apply for a Partner/Spouse Visa Under New Rules

Thank you for that

I wonder if someone could give me advice.
I lived in Philippines for 10 years, Palawan! My money ran out 6 months ago so I came back to UK. (many problems returning and getting benefit , but that's another story) .
I had a lovely Palaweno girlfriend for 5 years, but just before I left Philippines 6 months ago, she became pregnant while I was still there. I trust her 100%, well 99 anyway.
I am a British native citizen and now on universal credit benefits in UK, no way can I make the minimum income. My son is due to be born in March 2019. What would you advise for me to try to get them here to UK permanently? I know my son is entitled to be British. Money is tight. I cannot find anyone who needs me as a "carer"
I thought,
1. Get him British citizenship first.
2. Get him a Filipino passport.
3. Get UK Travel VISAS for him and gf.
4. Try for a human rights case here.
Any advice?

Good point. As a filipino I assumed you would have had to attend a CFO seminar when you left but perhaps not.

That said reading the CFO website think he needs the CFO sticker but may be PDOS not GCP

https://www.cfo.gov.ph

https://cfo.gov.ph/rnr-pdos.html

May be able to avoid doing as you are both filipinos but if it is a requirement then have to consider the risk of being refused boarding versus time taken to attend a seminar.

A. What is the Pre-departure Orientation Seminar (PDOS) in CFO?
Filipino emigrants or those leaving the country to settle permanently abroad are required to register with the Commission on Filipinos Overseas (CFO), and attend the Pre-Departure Orientation Seminar (PDOS) or Peer Counseling Session. Topics discussed include travel regulations, immigration procedures, cultural differences, settlement concerns, employment and social security concerns, and rights and obligations of Filipino migrants.

The PDOS is for emigrants aged 20-59 years old who are petitioned by their parents, siblings, or immediate relatives, including independent applicants. The Peer Counseling Program is for emigrants aged 13-19 years old.

To attend the Pre-Departure Orientation/Peer Counseling Program at CFO Manila, CFO Cebu, CFO Clark and CFO Davao, clients are required to use the RESERVATION and REGISTRATION (R&R) Online System.

I only noticed this post by accident so might be worth moving it to a new thread as think you will need a lot of luck and advice.

I don't think your plan is viable based on everything I've read on immigration law although hopefully will be proved wrong by someone more informed than me.

Definitely get the boy a British passport - will give him options in life.

Getting UK visas will be very difficult as girlfriend will need to show reasons to go back and as you have just stated your plan would be for illegal overstay they are likely to think the same way.

If she overstayed and gets deported which would be likely, then would have major problems getting back. For that reason would not plan on it.

Only real option I think is to get a job that pays sufficient to meet the requirement. Costs to move them will be high which have to factor in if you say money is tight. May be able to sponsor girl friend without getting married as having been living together but will need evidence trail for that and now living apart which weakens the case.

https://researchbriefings.parliament.uk/ResearchBriefing/Summary/SN06724

Supreme court ruling backed the minimum income requirement so think you are likely to lose on any human rights case. Boy could live with you here, you could live elsewhere where both parents can get visas. I think the options are wrong but system does not care. System requires cash or income to meet minimum level otherwise no visa for girlfriend.

You may want to read pages 14, 15 and 16 of the link below. I think you will find it depressing but provides some context to the challenge of making a human rights case.

http://researchbriefings.files.parliament.uk/documents/SN06724/SN06724.pdf

Don't like to be negative but think you are in a bad situation on this one unless can get a job that pays sufficient, get married probably and get somewhere for all three of you to live in UK which meets the accomodation requirement.

I wish you luck and think you are going to need it.

Firstly why are you on Universal Credit , Cant you find work ?, as i said to someone else on here I married a Filipino last April, I had retired in May 2017, Upon my return to the UK in May 2018 i got a job within 2 weeks of my returning, and have just completed the 6 months earnings requirement to take me over the threshold. Is there any reason that you cant do a similar thing, after all you didnt say that you are on any disability allowance, and you dont say that you receive any pension, To get the 1,2,3,4 that you mention will all take money, and Universal Credit wont run to that.. either you do similar to what i have done, or forget all about 1,2,3,4.

isnt your best option is to return to the philippines and your family and live happily ever after?

"Heathen" a blanket minimum salary limit favours people living in London and South East where salaries are high, I live in a poor part of UK that recently lost its main employer, it says looking jobs is "difficult" in my location and I prefer to stay here in my home area. I have not seen many jobs with a salary over £18,600 here, only managerial positions for which I have no experience. Having lived 10 years in Philippines, my IT skills are now out of date and I'm too old.

"bigmac" I have no income to live in Philippines, my only source is benefits. My son is not yet born. There is no current "family life". No pension, allowance, no.

"br201816" that's what the Citizens Advice immigration specialist advised me is the only way, GIVEN MY CURCUMSTANCES, he said 'try for a human rights plea". But It was only later that I thought about the details about HOW they would arrive and on what visa. Of course overstaying is a very bad, illegal choice, I just didn't know of how to get them here in order to get the human rights case, or when. That's why I why I am asking here. How else can I make a human rights case in England?

I know if you are an official "carer" for someone, then the minimum wage limits are suspended. The parliamentary paper states that widened income streams are also possible. And the child is of paramount importance.
Also a factor is the reliance on a Filipina girlfriend to collate all the paperwork.

How can anyone start a human rights case then? Only when gf is out of the country That can't be right

I'm afraid to say that unless you can get yourself a full-time job paying at least £18,600 per annum, your chances lie somewhere between zero and none. The CAB gave you misleading advice: you have no human rights case neither does your girlfriend nor your (unborn) son.

With regards to your first numbered above (Get him British citizenship first), you may well find this a somewhat difficult task. This is normally achieved by obtaining a British Passport. The Passport Office insists on being provided with photographs depicting the child and both its parents taken at regular intervals starting on the day of birth. Also your name MUST appear on his Birth Certificate. Given your present circumstances, this would be difficult to say the least. Getting him a Philippine Passport will be no problem.

I thought that to become a British citizen, it only requires father's birth certificate, grandparents birth certificates and grandparents' wedding certificate plus application form and money. This is different to having a British passport. Why can't he travel on Filipino passport and when he's in England, he's already a British citizen? (this is just a question/brainstorming)

are you disabled ? only the thing is--persons in receipt of specific disability related benefits are exempted from the £18,600 working income rule.

When you say "first passport" do you mean first Filipino passport or first UK passport? If Filipino passport, why is it difficult to obtain the next one.

Can the father's name be registered on the baby's birth certificate without him being there? I have asked my gf that 10 times already.

I am 60 years old. I'm not sure what you mean by "prospects"

I thought all the disability benefits are now already included in Universal Credit. I don't get that anyway and it's difficult to persuade the private company testers, who have been Instructed by DWP to only pass low numbers.
But that's a good thing to know for others, here

You are writing about the filipino birth certificate, I think. Yes, I thought that may be a problem too.
But "os" just wrote it IS possible.

Ian, the minimum wage in any part of the country is £7.83 per hour x 40 hours = £313 x 52 = £16,286 then another Part time job bringing in the extra £2,314 that you need, I to live in a relatively poor part of the UK, (Sandwell MBC) is regarded as very low in every aspect that you look at for Income, Health Care, Schooling etc etc.
To old ?? Im 68 this year.. may i suggest you were NOT to old to knock one out .
You didnt seem to think about living in "Your home area" while you were living it up in Phills.
If you want what you say you want, then get off your backside and do what you need to do, otherwise forget it, Im sorry if what i say seems harsh, but basically its the only way to get what you say you want, barring winning the lottery.

@Heathen---Sandwell--as in west brom ? i lived there when married the first time--68-71.

i dont think you quite grasped what i told you.

we have several members on here who are in receipt of disability related benefits...and have successfully got their g/fs , wives etc over. hopefully they will chip in.