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How To Apply For A UK Spouse Visa

Discussion in 'UK Visa and Immigration Help' started by Micawber, Sep 23, 2011.

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  1. Micawber
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    Micawber Renowned Lifetime Member

    This guide was created on 23rd September 2011 and is based upon the new UKBA website and information as announced on the 4th September 2011

    Please be sure to check for any updates and changes that may happen from time to time.

    Applying for a visa for your spouse to join you in the UK is a stressful time, even more so when you are far apart and the only thing you can focus on is being together again in the UK.

    If you decide on the Spouse Visa (or civil partner) route to UK then hopefully the following guide might help.
    It is aimed at applicants who will apply for the Spouse Visa from outside of the UK.

    The Spouse Visa is granted to those applicants who have married a British citizen (or lawful permanent resident of the UK) abroad and who want to settle permanently in the UK. It is issued by a foreign Embassy where the applicant has a claim to normal residence or citizenship. The visa itself runs for 27 months and is probationary. During the probationary period, the applicant cannot seek access to public funds, and must not otherwise engage in activities that may damage evidence of good character.

    For clarity, the British citizen is the "Sponsor". The sponsor's role is to provide supporting evidence only. The non-British spouse is the "Applicant", and it is the "applicant" who must make the application and submit the required evidence.

    Being granted a Spouse visa allows you entry to the UK for a period of 27 months. The UK Spouse Visa will be valid between the 'valid from' and 'valid until' dates. So you can enter UK anytime between those dates
    The 'qualifying period' for application of Indefinite Leave to Remain (ILR) is 1 year and 48 weeks. If you leave your entry to UK too late to get this minimum period, you will have to extend your Spouse Visa at high cost, and then apply for ILR and pay again. Very expensive.

    During this 'qualifying period' it is highly advisable to review the requirements for ILR as many documents will be needed to cover the 2 years of your probationary period here.
    You should also use this time to study and prepare for the 'Life In UK test' and to make application for Indefinite Leave to Remain (ILR), which is permanent resident status and is an immigration status granted to a person who has no time limit on their stay in UK. It allows the same benefits as British Citizens, except Right of Abode and eligibility for a British Passport.
    Although you will have gained settled status, this is only valid provided you do not leave UK for more than two years.

    In certain cases, When indefinite leave is granted to persons outside the United Kingdom it is known as Indefinite Leave to Enter (ILE).

    Holders of indefinite leave to remain may apply for British citizenship if they have held ILR status for twelve months or longer, are over 18 and have been living in the United Kingdom for the last five years (or three years if married to or a civil partner of a British citizen).

    The holder of a UK Spouse Visa is allowed to work and have access to the NHS, but is not allowed to receive any public funds until ILR is granted.

    The UKBA page specifically for Spouse's and Civil Partners is here

    It's well worth taking a look and checking out the links provided.

    By its very nature this guidance is generic. It may not apply to any given set of conditions. Additionally you may find the ECO interpretations of compliance do vary. Some consulates are more rigorous than others, and some applicant profiles invite more scrutiny than others. Accordingly, this guide should not be taken as authoritative.

    Whenever posting documents to the Philippines use a secure delivery service such as DHL etc.
    Yes it costs a bit, but it’ll cost a lot more in time and money if the normal postal service loses them whether they are signed for or not, as the Philippine postal service is not secure.

    Finally, the UKBA recommend that you read their Information Guide.
    They suggest it can "help you decide which documents may be useful in supporting the statements that you have made on your visa application form (VAF)."

    And of course it makes a handy checklist.

    Due to size limitations within the forum set-up the guide has been split into 2 Chapters:-

    How To Apply For A UK Spouse Visa - Chapter One
    This covers the Key issues in the eligibility
    Details of the documents you MUST include with your application, and detailed information on Financial Requirements

    How To Apply For A UK Spouse Visa - Chapter Two
    This covers detailed information on Accommodation Requirements, and answers to FAQ's

    Here's wishing all you newly wed applicants and sponsors sincere congratulations, best wishes for your future life together in UK, and good luck with your Visa Applications.
    Last edited: Sep 23, 2011
  2. Micawber
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    Micawber Renowned Lifetime Member

    How To Apply For A UK Spouse Visa - Chapter One

    The key issues in the eligibility of a UK Spouse Visa are:-

    Can we apply for a Spouse Visa?
    In order to apply you must show that:-

    - You are seeking leave to enter the United Kingdom as the spouse (or civil partner) of a person currently living and settled in the United Kingdom or returning to the UK with you to live there permanently.
    - You are legally married to each other or have registered a civil partnership;
    - You intend to live together permanently as husband and wife, or as civil partners.
    - You have met each other.
    - You meet our English language requirement.
    - You can support yourselves and any dependants without help from public funds
    - You have adequate accommodation where you and your dependants can live exclusively and without needing public funds.


    How Do We Apply?
    See the UKBA information at How do we apply for a UK Spouse Visa (in the Philippines)?

    What documents are required?
    You must send:-

    - 2 recent passport photographs and your passport - see the Photographs and passport page
    The applicant must present a valid passport with at least 6 months validity remaining.

    - Your marriage or civil partnership certificate

    - Evidence that you were both free to marry or enter your civil partnership, if either of you was previously married or in a civil partnership
    Evidence would include Death Certificate of the deceased spouse/civil partner, evidence of divorce (eg divorce Decree Absolute), Annulment or Dissolution Certificate.

    - Evidence that you have met
    The most recent Tribunals have endorsed the view that states that 'to have met' meant something more than a mutual sighting.
    They also felt that a mere coming face-to-face followed by telephone or written contact would be insufficient to satisfy the rule, as would a family background together with such a face-to-face meeting.
    In their view the essential test of whether the rule had been satisfied was whether the couple had had a face-to-face meeting which in itself had resulted in the making of mutual acquaintance.
    Photo's of you both together as a couple, photo's of the wedding, e-mails, Chat logs and Text messages showing that you had met and married.

    - Evidence of your English language ability - see the English language page

    - Evidence that you can maintain yourselves and any dependants adequately without needing public funds - see the maintenance (funds) page
    You and/or your partner must demonstrate that you and/or they can cover your living expenses in the UK for 27 months, if you are applying from outside the UK. This is called your 'probationary period'.
    You will not have access to most public funds (such as state benefits) during your probationary period.

    The Evidence of maintenance page describes the documents that you should submit to prove that you meet this requirement.
    Please take a look at the Evidence of maintenance (funds) page which clearly indicates the type of documents needed.

    There really isn't any actual amount stated in the 'immigration rules' that indicate just how much is considered as 'sufficient'. It's up to the sponsor and applicant to prove there is sufficient for them to maintain themselves.

    Basically, the UKBA will be looking at the amount of money left after any regular non-discretionary expenditure (such as rent or mortgage payments, council tax and secured loans etc)
    Everyone has have different non-discretionary expenditure.(eg payments of Child support would also be considered a key fixed/regular payment)

    Various Immigration Tribunal's have concluded that it would not be appropriate to have immigrant families existing on resources that were less than the 'Income Support Level' for a British family of the same size. This is probably the best guide available.

    In principle this means that if it is more likely than not that the total amount of money that the applicant and sponsor will have to live on will be below what the income support level would be for a British family of that size, then it may be appropriate to refuse the application on maintenance and accommodation grounds.

    The 'Income Support' rates do vary each tax year - so make sure you know the current amounts. Key amounts for tax year 2011/2012 are £105.95 per week for a couple and £62.33 pounds per week for a dependent child.

    In many ways it's a bit of a myth that you absolutely must show plenty of savings. Maintenance (sufficient funding) can be proven by reference to both savings and/or regular income. However, most of those who have gone though the Spouse Visa process would advise on having savings.
    It clearly costs quite a bit to cover the costs of Visa Application, Air fares, and supporting someone in settlement in UK. It would be reasonable to expect something like £2000 in the form of savings.

    Your bank statements will normally show your income and your outgoing expenditure. ECO's are not accountants but, if you are generally living within your means and can afford the cost of another adult consumer joining the household, this should be immediately obvious.

    Only those people with a discretionary amount of money close or equal to the equivalent of means-tested benefit might feel the need to make a budget plan to signpost how they can afford another consuming person in the house.

    Maintenance may be provided by either:-

    The applicant with their own funds or with funds available to them; Or
    The sponsor; or
    A combination of applicant and sponsor funds; or
    Third party support (from family members). The ECO may request evidence (for example, original bank statements over at least three months) of the third party's assets. Third party support is not precluded from consideration under the maintenance requirements relating to a spouse.

    - Financial Standing
    The application must be supported by evidence that proves the applicant will not require public funds. Generally this takes the form of the sponsor/applicant (or co-sponsor) providing:-
    Bank Statements covering at least 3 months (preferably 6 months)
    Salary slips for at least the previous 3 months.(preferably 6 months)
    The sponsor's (co-sponsor's) employment contract (if the sponsor is not independently wealthy). A letter from the employer will suffice.
    The sponsor's (co-sponsor's) most recent P60.
    If the sponsor (co-sponsor) is self-employed, owns his own company, or if the sponsor (co-sponsor) is unemployed, then the employment contract and P60
    can be substituted with certified copies of the previous 2 years' tax returns accompanied by a notarized version of his/her business accounts.
    If the sponsor (co-sponsor) is retired, then a statement from his pension scheme will do.

    If the financial standing is marginal, and if the applicant has plans to work in the UK, a job offer letter can be included to bolster the application's strength; and failing all other evidence, the applicant may attach a CV (or academic credentials) which demonstrate favorable employment prospects.

    If there are disproportionate deposits and withdrawals in the bank statements, they must be explained in the sponsor's letter, in fact explain as much as you can about the transactions.

    Now go to Chapter two to learn about Accommodation Requirements and more..................
    Last edited: Nov 25, 2011
  3. Micawber
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    Micawber Renowned Lifetime Member

    How To Apply For A UK Spouse Visa - Chapter Two

    - Evidence of your accommodation

    Accommodation - General Requirements
    The Rules require that there must be adequate accommodation for a spouse or civil partner and any dependants.
    The ECO will be looking for evidence that the accommodation complies with the following requirements:-

    - It is (or will be) owned or legally occupied for the exclusive use of the couple.
    - It is capable of accommodating the couple, and any children, without overcrowding as defined in the Housing Act 1985.
    - The ECO should be satisfied that housing the couple in rented accommodation will not be in breach of any tenancy agreement as regards sub-letting.
    - That no additional public funds will be necessary for accommodating the applicant in cases where the sponsor lives in accommodation from public funds.

    Accommodation (Home Owners)
    If the sponsor (or co-sponsor) owns his home, he should include a certified copy of the deed showing this, or other proof of ownership.
    If the sponsor has a mortgage, the appropriate entry from the Land Registry should be provided,(this is available online for a fee), or a letter from the building society.The mortgage payments should appear in the bank statements.

    Accommodation (Rented)
    If the sponsor rents a flat or house, a copy of the tenancy agreement should be provided.
    If the applicant is not a signatory to the tenancy agreement, then an additional statement from the landlord (or estate agent) should be provided confirming both the size of the property and agreement that an additional occupant may take up residence there.
    If an existing tenancy agreement is to be used, it should have at least six months before expiry. If the tenancy agreement does not have at least six months before expiry, then an additional statement from the landlord/agent showing intent to renew at the same terms should be provided.

    If the accommodation is owned by a local authority or council estate, a landlord's confirmation should also be obtained, but if this cannot be obtained a report from an independent surveyor which confirms the size and suitability of the premises can be submitted instead.

    Accommodation (Shared with others and co-sponsors offering accommodation)
    If the sponsor and the applicant are to live in accommodation with multiple occupants (Such Family/Friends/etc), the information shown for renters should be provided. Additionally, the applicant and sponsor need to show that they have exclusive access to a bedroom that will be occupied solely by them.
    A bedroom may be a family room or study which has been converted for exclusive access (kitchens, bathrooms, and utility rooms do not qualify). Account is taken only of rooms with a floor area larger than 50 square feet(4.65 square meters).

    Accommodation Overcrowding
    There are statutory definitions of overcrowding in residential housing contained in the Housing Act 1985.
    A house is considered to be overcrowded if 2 persons aged 10 years or more of opposite sexes, who are not living together as husband and wife, must sleep in the same room.
    The Housing Act also details the maximum number of people allowed for a given number of rooms.

    Number
    of
    Rooms................Permitted number of persons

    1.......................................2
    2.......................................3
    3.......................................5
    4.......................................7.5
    5.......................................10

    Each additional room in excess of 5 = An additional 2 people
    A child under one does not count as a person.
    A child aged 1-10 years counts as only half a person.


    - What identification is needed from my sponsoring Husband?
    The sponsor's identification usually takes the form of the sponsor's passport.

    - Should my sponsoring Husband send a supporting cover letter?
    Although not strictly necessary, yes, have your sponsor write a good letter to the Embassy supporting your application and outlining how and where you met, how long you have been together, how you have maintained contact, important events and meetings between yourselves, the date and location of your marriage and the date and location of your marriage and plans you have made for living in the UK (specifically, why you are opting to live in the UK).
    Finally, if there are exceptional circumstances about the application, anything complicated or unusual about your application or if the sponsor is seeking a concession, it should be thoroughly explained here.

    - How long will it take to process my application?
    Visa processing times in Phils

    - Can my spouse come to the UK on a tourist visit visa and then apply for a spouse visa when in UK?
    To be successful in obtaining a tourist visit visa the applicant must show that they intend to leave the UK at the end of their visit. This is a difficult task, particularly when the applicant has a romantic relationship in UK. In many cases it is not the intention of the applicant as they want to stay in the UK with their partner.
    If the applicant cannot very clearly demonstrate that they intend to leave the UK, the visa will be refused and you and your partner would have wasted time and money submitting an application.
    Additionally, the ECO may well suspect that the spouse is attempting to frustrate the immigration rules and evade payment of a settlement visa.
    .
    - How much will it cost?
    All the UKBA fees can be found on the Fees for our services page
    The table showing all the fees is here

    - My spouse has been refused a visa before, can they re-apply?
    Having been previously refused a visa does not prevent you from making any further applications unless you have incurred a ban for UK entry.
    Each application is reviewed on its own merits and on the supporting evidence supplied

    - What happens if the application is refused?
    If your application is refused, you will have a full right of appeal. When the UKBA refuse your application they we will also give you a letter fully detailing why the application has been refused and explaining how to appeal.
    More detailed information can be found on the UKBA Appeals - visas and entry clearance page

    - What if we have not met face-to-face for a long time?
    If the applicant and sponsor have been separated for a lengthy period of time before the application is submitted (i.e., longer than 3 or 4 months), then evidence of 'intervening devotion' should be included. This would normally take the form of phone records or other forms of communication.
    When submitting email, chats, IM logs, it is important to keep in mind that intervening devotion means "evidence of contact" and not a complete transcript of each and every chat. Examples are enough.

    - If my spouse is in receipt of public funds. Can I still apply for a spouse visa?
    There is no objection to the British citizen / settled sponsor receiving any public funds to which he / she is entitled in his / her own right.

    If the sponsor is in receipt of public funds, it does not mean that they will be unable to support the applicant, although clearly a person who is heavily dependent on the state because they don't have sufficient means of their own will find it difficult to support another person for any length of time.

    The important factor to consider is whether there will be a need for the sponsor to claim additional public funds to support the applicant if leave to enter is granted.

    For more information on the subject of Public Funds please see this thread - No Recourse To Public Funds

    - Do I need a health check or Tuberculosis X-Ray when I arrive in the UK
    The UKBA state that "Anyone aged over 11 resident in certain countries applying for a visa to come to the UK for longer than 6 months need to get a certificate confirming that they
    are free from infectious Tuberculosis (TB) before applying for a visa. A list of these countries along with information on TB testing can be found towards the bottom of this UKBA page
    The Philippines is not on this listing.

    - Can I 'switch' to a Spouse Visa if I am already in the UK?
    You may be allowed to switch into the category of husband, wife or civil partner if:-

    you are currently in the UK with permission as a fiance(e) or proposed civil partner, or as the husband, wife, civil partner or unmarried/same-sex partner of a Tier 1 migrant, and you are still with the same husband, wife or partner; or
    you entered the UK in a different immigration category (for example, as a student), and you have been given permission to live here for a total of more than 6 months since your most recent admission to the UK. For example, you can switch if we gave you a 3-month visa and then permission to remain for 5 months, totalling 8 months. Your current permission must have been given in accordance with the Immigration Rules, not 'exceptionally' (outside the Immigration Rules).

    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.
    • Like Like x 1
  4. Kuya
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    Kuya The Geeky One Staff Member

    You just wrote my bible..... :like:
  5. Micawber
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    Micawber Renowned Lifetime Member

    Kuya, if you have no objection can you make this a sticky so it doesn't get lost?

    I'm also working on Family Visit and Tourist Visit.Soon.
  6. lonewolf
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    lonewolf New Member

    Hi,
    We found something today that requires my National Insurance number and details of my last 10-years employment history for my wife to include in her application for a settlement visa. I could be wrong. I have not seen this asked before. I can't remember where my wife downloaded the form from or if she remembers where.

    Have any of you out there know of it

    Might not be right but won't allow me to post new thread.

    Thanks
  7. Micawber
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    Micawber Renowned Lifetime Member



    I don't recall any of the requirements you mention.

    May I kindly suggest that you take some time to review the application form here:-
    http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/visas/vaf4a.pdf

    And the guidance notes here:-
    http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/visas/vaf2-8b-guidance.pdf


    Both links are fully up-to-date and will provide a good idea on the info and docs needed.

    The guidance post above will explain some of the stuff that the UKBA site doesn't always tell.
  8. manilabong
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    manilabong New Member

    Hi there! My husband and I got married here in Manila. My question is, does he have to get a copy of our marriage certificate and have it registered in his area in the UK?
  9. 1828manila
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    1828manila New Member

    Hello

    I am planning to bring back my long term filipina girlfriend to the UK after we get married next year but so far the only communication proof we have is via text messaging. Do you think it would be acceptable to take photographs of the text messages on my mobile phone from different months and dates. Then print that off and submit that as evidence? Or we still need emails/yahoo messenger logs and skypes? because we mainly communicated by text message but would see each other during my trips there.

    Can anyone advise on this? Thanks
  10. RB2004
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    RB2004 Member

    Hi, id just send a few letters back and forth, only the cost of a postage stamp.

    when I was gathering evidence for the application, that I still havent been able to submit yet, she scanned the birthday and valentines day card envelope that I sent her.

    also, text messages, I used these as evidence, but im on contract.. so I just sent a couple of my mobile phone bills which showed my text messages to her number.

    also, might be worth you reading this article..

    http://www.guardian.co.uk/uk/2012/jun/08/immigration-rules-couples-stark-choice

    if these changes go through, none of us will be able to get our partners easily or any time soon with incomes of up to £25k being proposed.
  11. Micawber
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    Micawber Renowned Lifetime Member

    Providing good evidence of the relationship between you both is key issue with the ECO's

    I strongly suggest to spend time in preparing good evidence especially when there is quite a long time (some months) without actually meeting to minimise any contributing factor in the ECO's doubts about the relationship.

    When such time periods pass without actually meeting it's always a good idea to arrange a physical face to face reunion shortly before submitting an application for settlement visa.

    The ECO is often looking to satisfy any concerns about "intervening devotion" to confirm the relationship is genuine and lasting and that there is an intention to live together in UK.
    The best way to evidence "intervening devotion" is to demonstrate on-going and recent physical contact.

    Of course other forms of evidence can often be enough, but they do inevitably lead to increased scrutiny of the submitted evidence, and so need to be comprehensive and clear.

    Many applicants will provide photographs of themselves together as a couple at key events, things they did together and places they visited together. This should be supported by
    e-mails, Chat logs, text messages and letters etc. Also, where applicable, boarding passes, hotel receipts and other proof of physically being together.

    Do keep in mind that "intervening devotion" means "evidence of contact" and not a complete transcript of each and every chat. Examples are enough.

    A good supporting letter from the sponsor can make a big difference.
    Outlining how and where you met, how long you have been together, how you have maintained contact, important events and meetings between yourselves,
    the date and location of your marriage (if married, or the outline plans for your UK wedding if fiance(e) visa), plans you have made for living in the UK (specifically, why you are opting to live in the UK).

    On the issue of the supporting letter, keep it simple, clear and above all be honest about everything. Try to avoid writing a romantic novel.

    Hope this is helpful for you
  12. RB2004
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    RB2004 Member

    Hi all, I keep forgetting to post this.. But for those who don't know or aren't aware it's important that you register your marriages and any child births with the Philippine embassy in London.. They charge you extra money in a form of a fine if you leave it till years in the future.

    In regards to marriage mainly applies if you marry in the uk, but all births in the uk from a Filipino partner need registering at the embassy for the child to be recognised as being the child of a Filipino.
  13. Mystica
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    Mystica Active Member

    Sorry! Double post! :oops:
    Last edited: Jul 21, 2012
  14. Mystica
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    Mystica Active Member

    Hi! This only applies to people who wish to get a dual citizenship and for their children. If you do not wish to have a dual citizenship this is not necessary! If one of the parents are still Filipino citizen or have dual citizenship when visit Philippines together they have a right to stay for a year, without the Philippines passport holder coming and visiting Philippines the family members will only allowed to visit 90 days.

  15. Mystica
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    Mystica Active Member

    Not necessarily! We are also married outside UK and did not forwarded any of our marriage certificate in UK and Philippines, but you have to have it stamped from British Embassy if you are working abroad. When I applied for a spouse visa I presented our marriage certificate which is stamped from the British Embassy where we used to work. Before I came to UK, I applied for Spouse visa and showed the marriage certificate the same thing when I got my Indefinite Leave to Remain. They never question if the marriage certificate was recorded to their registry, in fact when I asked for a copy, assuming the Embassy where I got my Spouse visa originally from have forwarded our marriage certificate, but I was wrong there isn't any record so I asked them about this and was told if it is done outside UK it will not show on their system, but it is valid.

  16. Kuya
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    Kuya The Geeky One Staff Member

    I recently got married in the Philippines and we only just got our certificate. Does my wife need to get it stamped at the British Embassy in Manila before it can be used for a spouse visa application?
  17. Mystica
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    Mystica Active Member

    Yes! You have to have it stamped from British Embassy! You are safer to have it stamped ASAP so they can base it from that stamp when it was registered on their system. :like:

  18. RB2004
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    RB2004 Member



    Nope it's nothing to do with dual citizenship, it's so if you get married in the uk the records of the Philippine government are also up to date.. Hence why they find you if you register your marriage and children late.

    Also it is not technically legal for a British citizen to take Filipino dual citizenship.

    It is only legal for a Filipino citizen to take British citizenship as a 2nd citizenship.. Not the other way around.. Due to a technicality under Filipino law in their oath of citizenship.

    The oath which is taken after swearing on the bible has some line in it about swearing to give up your allegiance to any other sovereign or nation and dedicate your allegiance to the Philippines.. However under uk law this is impossible to do as it requires the explicit permission from the home secretary in order to surrender British citizenship. Therefore if it's not your choice to surrender it you cannot legally swear under oath you will give it up. So anybody who is British and takes Filipino citizenship as a 2nd citizenship is lying they will do something they cannot legally do under oath.. Which I understand in the Philippines is an imprisonable offence more so than the uk because of the religious factor. Not saying they do put people in prison as they may well turn a blind eye to it.. But due to the line in the oath it does technically require lying under oath.

    The only true legal way to have dual citizenship is to be Filipino first.. And British 2nd not other way around.

    Also regarding registering children, that also has nothing to do with dual citizenship.. I'm registered with the embassy.. And I was told in the Philippines I can have a filipina passport but In order to take citizenship I need to apply for a birth certificate from the NSo in the Philippines.. Then I need to write letters to a person in the government requesting citizenship and whole process I understand takes 6 months.

    So only reason for registering marriages and children is so the Philippine government records are up to date, and it should be done because of instances where if you buy property or land abroad under Philippine law also only Filipino citizens are allowed to own land and property in the Philippines.

    So if your British children tried to inherit that in the future, and you hadn't registered them there is no record of you being their parents in the Philippines so it creates a loada complications.. Another thing is if they travel there they will only normally be given 3 weeks without a visa, but if they show evidence of parent being Filipino they can at immigration request 6 months

    So lots of reasons why registering should be done. Not necesary related to citizenship though.

    Can understand why the Philippine government fines couples for registering late because for x amount of years their records have been out of date and in any society now it's important the government has up to date records
  19. Mystica
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    Mystica Active Member

    RB2004 says: Nope it's nothing to do with dual citizenship, it's so if you get married in the uk the records of the Philippine government are also up to date.. Hence why they find you if you register your marriage and children late.

    Mystica says: Nope! Not exactly! We have no record in my country nor my children as they did not take dual citizenship. Marriage was abroad and was only stamped by the British Embassy abroad. Already verified it to get a copy here but no records on the system but I did have Spouse visa and Indefinite Leave to Remain! No problem! We just showed the stamped marriage certificate at the British Embassy abroad voila! visa approved!

    RB2004 says: Also it is not technically legal for a British citizen to take Filipino dual citizenship.
    It is only legal for a Filipino citizen to take British citizenship as a 2nd citizenship.. Not the other way around.. Due to a technicality under Filipino law in their oath of citizenship.

    Mystica says: No! It isn't! After the British Citizenship the Filipino citizenship will be automatically void after taking the oath but if they wish to have dual citizenship they have to take an oath again at Philippines Embassy to obtain Philippines passport again.

    RB2004 says: Can understand why the Philippine government fines couples for registering late because for x amount of years their records have been out of date and in any society now it's important the government has up to date records

    Mystica says: This registering business is only necessary if and when the Filipino spouse wish to have dual nationality once again, but if they don't! no registration needed to do under Philippines law after the marriage to a British national, unless they wish to have an access to buy properties etc as you mentioned. But for my point of view, if you have dual citizenship and you visited Philippines, you are not protected by British government and to be protected by British government is the safest every where you go in any country you visit! Any other countries apart from America is not worth it! As far as I know as I know many Filipino abroad who are in prison and the Philippines government does not search and look for them unlike British government I happen to know some cases where they were reported arrested abroad the Embassy immediately take interest to rescue them! But as I said this is just my opinion and experienced! ;)
    Last edited: Jul 21, 2012
  20. Micawber
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    Micawber Renowned Lifetime Member

    Just for the record.

    When a citizen of the Philippines takes up British Citizenship then the Philippine Citizenship is automatically lost.
    Of course many folks just hang on to their passports and continue to use them as a travel document.

    However, legally their Philippine citizenship does not exist and with it goes all the usual beneftits associated with that. Including ownership of land.

    The Philippine law was changed quite some time ago to allow for former Philippine citizens who had taken up the citizenship of their host country to re-acquire Philippine Citizenship.
    This is a simple ceremony and oath taking followed by presentation of a Naturalisation Certificate and Oath taking alliegance.

    This then allows the person to be a member of that exclusive club of dual citizens. Citizenship of both is equal.

    It's important that the Philippine Oath taking and naturalisation is completed AFTER British Citizenship since the taking of any subsequent citizenship oath taking always negates the Philippine one. Means the Philippine oath taking must be the last one sworn.

    At the re-acquisition ceremony at the Philippine Embassy better be sure you have a British Passport if you are planning to travel anytime soon as the Phils Embassy requires you to cancel you passport and apply a new one.
    The Philippine Naturalisation certificate is NOT a travel document and will not be acceptable for travel. However you may still enter the Philippines by presentation of British Passport and Philippines Naturalisation Certificate.

    Mystica, don't expect too much in the way of British Embassy 'protections'. You may be disappointed.
    British Citizens are subject to the laws of the country they are in and the Embassy has very little possibility to do much at all.
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