# Spouse Visa UKBA PHILIPPINES



## Eza (Mar 27, 2014)

Hi,

Im new here and I love how people help each other to get as much information we can and I hope you can give me any advice on my journey to get a Spouse Visa here in Philippines.

Im a filipino citizen and my husband is british we have 2 kids both british passport. I was able to go to UK under a family visit visa last 2012 . I know that i can only stay for 6 months and need to leave the uk and that was the plan, then somebody suggest to go to a solicitor and so we did. The solicitor said that I dont need to leave the Uk to apply a Spouse Visa and me and my husband was very happy as we are already settling in. So solicitor was very very sure that it will be granted especially we have 2 kids who are british and he said its against the law to remove a mother from the children , something like that and so we did ! so my spouse visa was applied and I able to stay for another 6 or more months as the visa still on process but it was refused. Solicitor said that UKBA did not allow applying inside UK so i need to go back to the philippined to do it.(but he said its posible) According to the letter i recieved 1st yes i should apply outside UK and 2nd finacial requirements was not met. The time when we gave all requirements to the solicitor he was ok with everything and we knew my husband still looking for a stable job but he said its ok as we have proof (emails , interview etc) that he was really looking for work , and my mother in law was providing us all the bank financial needs as we are still starting our family in the UK (we were in UAE before that for almost 5 years then got married and got kids) . we wasted money and time... lesson learnt we knew I had to leave, i even got a return ticket and cancelled it. weeew what can I say i guess we were fooled.

Now Im back in philippined for almost a year and my husband is in the UK we are planning to apply again.

my questions are:

Did i get a ban from entering the UK due the refusal?
I was supposed to stay for only 6 months but since visa processing took so long i stayed.

Do i need a new English test?

Now that my husband have work earning 18000 pounds a year would that be enough for the financial requirements? or 24000 with 2 kids (british) ?

a lot of money was wasted because of the solicitor and flight coming back was not cheap as my husband needs to bring us to Philippines because i cant be able to handle 2 small kids for 19 hours flight.

thank you I really appreciate your time.


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## _shel (Mar 2, 2014)

No ban for a refusal. Though I am not sure if you would have a ban for overstaying your tourist visa. 

He only needs £18600, he does not need to show income for children that are British. 

That solicitor, if he was one, was an idiot obviously. If he is a solicitor you should make a formal complaint to his firm and to the law society.


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## Pultet (Sep 17, 2013)

Eza said:


> Hi,
> 
> Im new here and I love how people help each other to get as much information we can and I hope you can give me any advice on my journey to get a Spouse Visa here in Philippines.
> 
> ...


I completely understand how you feel about all this solicitor b******. I have once used a solicitor and he was okay with all the papers i have provided. he said there was no way the visa of my fiance from Philippines will be refused etc... he made sure we'll get the visa but as a result we got 2 refused applications due to the solicitor's misleading advice and wrong information given to us! 

I will never ever use any agency or solicitor ever again, i'd rather stay in this forum 24/7, moderators and members knows better.

anyway, Your husband needs to be earning 18,600 P/A and needs to provide 6 bank statements and 6 payslips.

You won't get ban for refusals in fact you can re-apply at anytime you like refusal after refusal till you succeed. You only get ban if you provide false documents.

If u had English Certificate before, you can provide the same.. they are valid for 2 years.


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## Eza (Mar 27, 2014)

_shel said:


> No ban for a refusal. Though I am not sure if you would have a ban for overstaying your tourist visa.
> 
> He only needs £18600, he does not need to show income for children that are British.
> 
> That solicitor, if he was one, was an idiot obviously. If he is a solicitor you should make a formal complaint to his firm and to the law society.


Thank you


Yes he is a solicitor and the money we paid for him was the money i got from the refund of my ticket . he convince us that staying in the UK was ok because my papers are on the process of changing the visa so I wont have any problem with that plus im the mother of 2 british citizen its against the law to let me go. Me and my husband was so sad when we got the news that I need to go back to Philippines, the solicitor said we can appeal, theres a big chance that we will be granted... but we dont have money for that and ofcourse we need to pay him again for everything. I thought everything the solicitor said was just wrong. the financial requirements was not met and he did not mention that 3rd party is no longer allowed. so our chances was really low but still he said "Don't worry we will get it"

we dont have the money to file a complain and we couldnt bother as we were so depress of the refusal we just packed our bags and left


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## Eza (Mar 27, 2014)

Pultet said:


> I completely understand how you feel about all this solicitor b******. I have once used a solicitor and he was okay with all the papers i have provided. he said there was no way the visa of my fiance from Philippines will be refused etc... he made sure we'll get the visa but as a result we got 2 refused applications due to the solicitor's misleading advice and wrong information given to us!
> 
> I will never ever use any agency or solicitor ever again, i'd rather stay in this forum 24/7, moderators and members knows better.
> 
> ...


that's helpful i just check my english test its still valid for this year. 
we dont want any solicitor anymore with all the paper works lesson learnt. im so glad i found this site 

I have my husbands 6 months payslip isnt that enough? c
cos when it comes to bank statement within 6 months theres nothing really there 
no savings maybe 500 pounds thats all would that be a problem?

Thank you


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## Pultet (Sep 17, 2013)

Eza said:


> Thank you
> 
> 
> Yes he is a solicitor and the money we paid for him was the money i got from the refund of my ticket . he convince us that staying in the UK was ok because my papers are on the process of changing the visa so I wont have any problem with that plus im the mother of 2 british citizen its against the law to let me go. Me and my husband was so sad when we got the news that I need to go back to Philippines, the solicitor said we can appeal, theres a big chance that we will be granted... but we dont have money for that and ofcourse we need to pay him again for everything. I thought everything the solicitor said was just wrong. the financial requirements was not met and he did not mention that 3rd party is no longer allowed. so our chances was really low but still he said "Don't worry we will get it"


You know what i'm thinking? Solicitors tend to give you wrong information because whether your application is successful or not you still have to pay them and there is the possibility that when you get refused, you'll still use them to fight for your case in the court.

so basically they prefer that you get refusals so they can get more money from us.


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## Pultet (Sep 17, 2013)

Eza said:


> that's helpful i just check my english test its still valid for this year.
> we dont want any solicitor anymore with all the paper works lesson learnt. im so glad i found this site
> 
> I have my husbands 6 months payslip isnt that enough? c
> ...


as far as i know, you don't need savings and it does not even matter if the account is negative balance  only reason they need 6 months bank statement is to see the salary going into that account


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## nyclon (Apr 3, 2011)

You need 6 months of both pay slips and bank statements. They don't care how you spend your money, just how much you are paid and that it actually goes into your account. You will also need your husband's contract and a letter from his employer stating he is still employed, how much he makes and other details of his employment. You'll also need proof that you have adequate accommodation and proof of relationship.

Make sure your English language test is on the approved list:

https://www.gov.uk/government/uploa...ta/file/261533/new-approved-english-tests.pdf


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## Eza (Mar 27, 2014)

Pultet said:


> You know what i'm thinking? Solicitors tend to give you wrong information because whether your application is successful or not you still have to pay them and there is the possibility that when you get refused, you'll still use them to fight for your case in the court.
> 
> so basically they prefer that you get refusals so they can get more money from us.


yes i believe so, solicitor knew that we are desperate but he also knew chances are will get refuse and he will try to convince us again to do the appeal then he is just making easy money from us. It breaks our heart to remember all of this as we struggle financially their he goes pulling all our legs to get money.


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## Eza (Mar 27, 2014)

I never knew about the bank statement thank you very much for this.

I will have to call the UKBA about the english test if they will say I have to take again then i will.

IF my husband's salary is 18000 a year and not 18600 pounds? would they be considerate because of the article 8 (family life) ? 

our kids grown so fast and they are now asking why daddy is no longer around


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## nyclon (Apr 3, 2011)

Eza said:


> I never knew about the bank statement thank you very much for this.
> 
> I will have to call the UKBA about the english test if they will say I have to take again then i will.
> 
> ...


There is no leeway on the financial requirement. If he is not making £18,600 and you aren't making up the shortfall in savings (you would need £17,500) then your application will be put on hold pending a court case challenging the financial requirement which is optimistically months but possibly years from being decided.


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## Pultet (Sep 17, 2013)

Wow Nyclon! i was just thinking earlier, you are online most of the time, you answer all the questions correctly so you should be a moderator! now you are yey!


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## Eza (Mar 27, 2014)

Oh dear. Im a plain housewife taking care ok the kids. So there will no consideration even if my mother inlaw is willing to and have documents that she can support us including the house that we r goin to stay in?


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## nyclon (Apr 3, 2011)

Eza said:


> Oh dear. Im a plain housewife taking care ok the kids. So there will no consideration even if my mother inlaw is willing to and have documents that she can support us including the house that we r goin to stay in?


It's fine to stay with family but 3rd party support is not allowed. So she can provide accommodation but no other support will be taken into consideration.


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## Eza (Mar 27, 2014)

So what else can we do? I want to cry


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## Pultet (Sep 17, 2013)

nyclon said:


> It's fine to stay with family but 3rd party support is not allowed. So she can provide accommodation but no other support will be taken into consideration.


How about savings to make up for the shortfall?


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## Eza (Mar 27, 2014)

And i also want to ask if u have any idea of getting the ban. When i was supposed to leave and did not cos we applied for the visa was i considered over stayed as my application was refused? I dont trust the solicitor when he said that its not an issue. Any idea about this? I guest it took another 8 months for the result. To add up my passport got expired so i needed to renew it and informed ukba that i will be needing time as per renewal it will take 4weeks max of 6 weeks & When my passport was ready we sent it and even phone them to inform about the flight details. So it was ok but when my husband came back he recieved letters about me saying i did not report and did not comply . But we did send it twice the old pssport copy and new passport copy change to my husband last name so my husband phoned them and talked about it , my name was changed to married name maybe thats why they cannot find me? Will this affect my application? But it was there mistake because we sent it with my referrence no. And all the details they asked us to include.


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## Eza (Mar 27, 2014)

Pultet said:


> How about savings to make up for the shortfall?


I guest thats all we can do right now, my husband will be shock, he will be reading this anytime soon, i hope he will be calm. Stay calm honey ill stay up till u come back from work to discuss this


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## Pultet (Sep 17, 2013)

Eza said:


> I guest thats all we can do right now, my husband will be shock, he will be reading this anytime soon, i hope he will be calm. Stay calm honey ill stay up till u come back from work to discuss this


There must be a way, i don't know but there should be. if your husband is earning 1800 and is short of 700 p/a then i think or maybe you can make it up using savings? can anyone clarify?


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## nyclon (Apr 3, 2011)

Can he get a part time job to make up the shortfall? Otherwise as I said, you will need £17,500 in savings if he is making £18,000/year. The calculation is the shortfall times 2.5 plus the base of £16,000. 600*2.5=1500+16000=17,500.


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## Eza (Mar 27, 2014)

I cant tell if he can find a part time but he will still need to show that 18600 pounds for the whole 6months statement am I right?


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## nyclon (Apr 3, 2011)

Yes, if he gets a part time job to make up the shortfall he will have to have it for 6 months before you can apply.


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## Pultet (Sep 17, 2013)

yes with the current job and the part time i think.


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## Eza (Mar 27, 2014)

What about over time will they consider?


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## Eza (Mar 27, 2014)

On his pay slips, it has a year to date figure of 19,000 pounds which includes overtime for the last 8 months (also showing on all his payslip) and half yearly bonus. Will they take this into account?


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