Si Lorna, Si Aida o Si Fe? Relevance In Obtaining A UK Visa

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There are people who ask me which relationship is better: with a British citizen / Permanent Resident or with an EU citizen? (Haba ng hair mo!)

When this question is a concern, I get back to the person and say these things:

  1. Obtaining a visa by deception and fraud is an offence. Visa obtained from this kind of illegality may be revoked.
  2. Relationship MUST be genuine, on-going and durable.
  3. Burden of proof is from the applicant to prove that the relationship is loving and caring.

The Home Office is receiving thousands of applications per month and if they are dealing with someone whose visa has been precarious (or TNT in Tagalog) then become wary because the relationship occurred only when the visa has expired. There is a suspicion that this is just a way of circumventing the intention of the Immigration Rule to police illegal migrants and to avoid being removed from this country.

It is paramount to bring out all documentary evidence that relationship is GENUINE.

There are people especially ladies who are in this kind of situation where they have 2 or more suitors.

Sino ba pipiliin ko? Si Briton or itong si EU? (Ang haba ng hair mo talaga!)

They are thorn between two lovers but cannot decide who will they choose. Of course, I am not in the position to persuade choose this one over the other for the sake of the visa. What most lawyers do, is to say that EU nationals are better off than the British citizens or permanent residents. I can understand in that stand point why.

Here are the probable reasons:

  • Because the “United Nation of Europe” or the European Countries (EC) is governed by the European Court of Justice which the highest court in the European Union in matters of European Union law, the UK tends to be more relax with dealing with EUs because of strict compliance of the ECJ to all their members.
  • All members of the European Union (EU) allow their citizens to exercise free movement rights in all of the member countries without the requirement to obtain an entry visa to enter. They can also exercise this so-called Treaty Rights, by working, self-employed, studying and self-sufficient.
  • Most lawyer appreciate that most applications from non-EU nationals who made an application on the basis of their relationships with EU nationals, have a higher approval rate than those applications of people who have relationships with British or Permanent Residents (PR).
  • There is no requirements such as financial threshold or accommodation requirements under the EU route but for strict compliance for applications under the UK law (if relationship is with British or PR)

On this premise, I could say that EU nationals and their partners have far better off chances of being successful in their application than British nationals. On this, you can do mini-mani-moo or sing the Filipino song: “Si Lorna, Si Aida o Si Fe?” but knowing the implications of the stringent requirements of the UK Immigration Rules make someone thinks, is it worth the risk of being committed with a British citizen or with the EU citizen?

Choosing a long-term relationship is someone’s burden. Durable relationship under the definition of the Immigration Rules in the United Kingdom means that you and your partner are living at the same address for 2 years. You can prove this by showing proof of bills (gas, electric, water, council tax, GP etc).

You may be interviewed by the Home Office or challenge them in Court to prove that your relationship or your marriage is not sham or fake.

***

Don Magsino MBA is an Immigration Lawyer in the UK. Any immigration application should be consulted with immigration professionals for accurate advise on your specific matters. Stanford Law Associates 0207 316 3027 /07446 888 377

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