CFO........... Commission on Filipinos Overseas...

My understanding was that she wouldn't need a visa to enter a country of the EU as long as she's travelling with me - an EU citizen. Is this incorrect?

Pretty sure that's incorrect.

Is she travelling from Philippines? My guess is if she tried to go to an EU country without a visa she wouldn't even get out of Manila airport.

Thanks for that Maharg. I've been googling away and it seems like you're right

Using Ireland as a launchpad is probably not the wisest of moves. Ireland is part of the UK Common Travel Area and its visas are issued by UKBA who will be rather suspicious of an application made by a Filipino wife of a British citizen. I suggest you choose a Shenghen country.

You say 'suspicious'? What do you think they'll suspect? And can they refuse a visa without a strong reason?

They'll suspect that you are going to Ireland because you don't meet the financial requirment and then plan to cross the border into the UK - thus avoiding the proper channels.

I would agree that a Schengen visa is probably a better option if you ara considering this route.

Can they really withhold a Visa for this reason? Have they done this before?

They can do what they like

Sounds flippant but I'm afraid it's true.

If everything is above board and one meets all the rquirements then legally no, they cannot refuse a visa application, without good reason. Unless they change the law, that is.

But some of the 'requirements' are rather grey areas though aren't they? I've trawled the internet for visa info and some of the stories I've read are scary. They can still decide something is amiss no matter how much proof you throw at them. Anyway, I hope you sort your situation Sunnyjim.

Well, yes and no. Many folk have been refused on the wrong grounds. Thats what the appeal system is for. These things can end up in court and then it can easily go against the government (UKBA ) which they dont like. So they do have to play by the rules as much as we do.

They cannot say that you dont meet the requirements if you clearly do.

Well, yes, I must admit when I read some stories I do wonder if there's more to it - like a more genuine reason for the refusal. It is a minefield though, nonetheless.

They have to tell you the reasons for refusal. They have clear guidelines on the refusal process. They cant make something up or fabricate their reasoning. They can and do make mistakes. Hence my spoof "Day in the Life" story...

It is on the basis of their written reasoning that you can appeal. If they are clearly wrong then the appeal stands a good chance of being successful.

But, for example, the genuine relationship thing is a grey area isn't it? It isn't clear cut like the financial thing. What if it's genuine and they don't believe it? This is one of the things I'm worried about in our application - the fact that we've only had one period of 11 days together. Can they decide that isn't enough? This point isn't set in stone with clear guidelines is it :/

I take your point but at 11 days you would be applying with a marginal application in that area of the application. That might prove a weak point if in conjunction with other weak points or even on its own. But if ones application is strong all round then they cannot refuse.

Also clear guidelines are difficult to apply in this particular aspect of the application. How could they set clear guidelines? So what they do is put the onus on the applicant to convince them. If they can be convinced then the jobs a good 'un.

How long have you known your partner?

This gives you an idea on genuine and subsisting relationships. They still have to play by them, even if the criteria are a little grey and fuzzy....

IMMIGRATION DIRECTORATE INSTRUCTIONS
FAMILY MEMBERS UNDER APPENDIX FM OF THE IMMIGRATION RULES Annex FM Section FM 2.0
Genuine and Subsisting Relationship


https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/263237/section-FM2.1.pdf

We don't fit much of that criteria really - I'm very worried about it.

We've known each other online for 10 months. We've talked really a lot through that whole time - 12,000 A4 pages of Facebook chat, not to mention phone calls.. But we didn't meet in person until last month, which was when we spent 11 days in Morocco.

I only knew my wife for 6 months before she applied.

Do you have a good collection of photos together?

But how much time had you spent together? Yes, I have photos - about 10 or 12 that look different enough from each other - you know, different clothes, different places, etc. Is that enough?