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JUDICIAL RECOGNITION OF FOREIGN ADOPTION

2/11/2026

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PictureCongratulations to you Jennessie Rayner (formerly Jennessie Avila) for a successful name change and aligning that led to the successful issuance of your First British Passport. (Jennessie on the right poses with her proud mother Jenneth on the left)
Last September 2025, ECO-Friendly posted an article about JUDICIAL RECOGNITION OF FOREIGN DIVORCE.

In that article, we explained that in order for a divorce issued by a foreign country between a Filipino married couple who celebrated their wedding in the Philippines can become legally valid here in the Philippines, that foreign divorce needs to be judicially recognized by a local court.

And that after the foreign divorce is judicially recognized, even the spouse who was left behind here in the Philippines can be allowed to remarry.

In the same manner, an adoption conducted legally outside the Philippines can likewise be validly accepted locally once it is judicially recognized by the Regional Trial Court (RTC).

Just like in the case of a foreign divorce, a pleading, in the form of a Petition for Judicial Recognition of a Foreign Adoption must first be filed in the RTC having jurisdiction over the Local Civil Registry Office (LCRO) where the birth certificate of the adoptee from the Philippines was registered.

After a verified petition with the appropriate RTC having jurisdiction over the special proceeding is filed, the said court who shall take cognizance of the petition shall order the presentation of evidence (authenticated documents) in order to prove that the foreign court’s decision to issue the adoption was valid.

The following basic supporting documents shall be filed with the court by the petitioner:
  • Foreign Adoption Decree or Certificate: Must be duly authenticated (apostilled or consularized, depending on the country of origin).
  • Authenticated Copies of Foreign Laws: Proof of the law under which the child was adopted abroad, showing compliance with that jurisdiction’s adoption requirements.
  • Birth Certificate of the Child: Usually the latest version on file plus any prior documents, if available.
  • Marriage Certificate of Adoptive Parents (if applicable)
  • Supporting Documents: These might include immigration or travel documents, proof of residency, or other evidence that the adoption was validly issued abroad.

The evidence shall not be limited to the documents listed above and the court may request additional proof it may deem necessary and relevant to the petition in order to prove the veracity of the petitioner’s claims.

Worth mentioning is the fact that the RTC has no intention to re-litigate the adoption but is merely establishing that without a doubt, the adoption was legitimately and validly obtained by the petitioner and issued by the foreign court.

After evidence has been presented, the RTC will now hear the testimony of the competent witnesses, who may either be the adoptee himself or the duly authorized representative.

Note that the child who was subject of the foreign adoption will, in most cases be living in the country where the adoption took place and therefore he or she will need to return to the Philippines for the hearing of the petition.

In some cases, since the child is a minor and usually attends school in the foreign land, it is the parents who will fly to the Philippines to represent the child in the hearings.

Say for example a minor Filipino child Roberto, 13 years old, is brought to the UK by his Filipina mother Martha to live with the latter’s British husband George. Now the three of them are happily living in the UK as a family. Martha and Roberto are in the UK on a spouse and child dependent visa respectively.

George then adopts Roberto in the UK and the family court issues an adoption decree now making George the adoptive parent of Roberto. In the case at bar, if Roberto could not fly back to the Philippines because he is studying in the UK and at the same time still a minor, either his mother Martha or his adoptive father George or both can be allowed testify in the Philippine court as representative of Roberto.

The proceedings can take around two to three years depending on the court’s docket, so the parents Martha or George or both or Roberto himself needs to return to the Philippines every time the court needs their testimonies.

Once the decision of the local court judicially recognizing the foreign adoption is issued, the next step to take would be registering the same with the Philippine Statistics Authority (PSA) so that the new name of the adoptee using the surname of the adoptive parent can be annotated in the birth certificate.

At this point, the adopted child in the UK may file for a British passport using his adoptive parent’s last name as he or she automatically became a British citizen on the date of the adoption order.

But before the adopted child can file for a First British Passport, all documents must be aligned and changed to the last name of the adoptive parent. This will be the topic of our next article…

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TWO WAYS OF SUBMITTING THE SUPPORTING DOCUMENTS FOR ASSESSMENT AND RESOLUTION BY THE UKVI

10/19/2025

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How to Present the Supporting Documents for the ECOs Evaluation

PictureCongratulations to Charily and Mark! Just got the UK Spouse Visa... Advance happy trip and stay safe in the UK!
Manila, Philippines – After the applicant for a UK visa successfully pays his or her online visa fee, the UKVI online page will automatically transfer them to the VFS-Global Philippines website.

Immediately after the payment, a confirmation email from the www.gov.uk shall be sent to the applicant’s registered email, as evidence that the online visa application fee has been received by the Home Office. The email also includes additional instructions on what the applicant needs to do next.

Once the applicant is transferred to the VFS-Global website, he can schedule their biometrics and choose whether to self-upload the supporting documents, or for a fee, authorize the VFS to scan the documents and send it to the UKVI online.

So immediately after paying the online application fee but before going to the biometrics center, it is essential that the applicant had already performed one of two essential activities in connection with the submission of supporting documents to the UK Visas and Immigration (UKVI).

At this juncture, the applicant is advised to decide without delay whether: 1) to self-scan the supporting documents and upload the papers online themselves; or 2) to choose the DOCUMENT UPLOAD ASSISTANCE SERVICE of the VFS-Global.

This is a very important phase of the application process because if the applicant foregoes any of these measures, the supporting documents will not reach the UKVI and the application process will  be delayed, or worse, be decided and ruled upon merely on the basis on what the applicant indicates in the online application and without any of the supporting documents reaching the ECO.

Please note that according to UKVI rules, “If the applicant does not produce evidence, or the evidence produced is inadequate to show that he / she fulfills the qualifying requirements of a category in the Rules, then a refusal will usually be appropriate."

This does not mean automatic refusal, however, since the ECO will give the applicant a chance to send the supporting documents to the decision-making center. The processing will definitely be suspended or delayed until the papers reach the ECO.

In cases like this, either the UKVI or the VFS will contact the applicant and inform them that the processing timeline of the application had been grounded to a halt and it will only resume once the documents are sent to the UKVI. 

Should you fall into this category and were unable to send the documents to the UKVI due to excusable inadvertence you need not stress and just patiently wait for either of the two entities to contact you.

The UKVI or VFS-Global will provide you with instructions on how to send them your documents, either by self-uploading your papers or using the document scanning assistance facility of the visa application center.

So whether you are filing for a UK Spouse Visa, UK Fiancée Visa, any type of UK Settlement Visa or a UK Visit Visa, make sure that you either send the documents immediately to the UKVI after the payment either by self-uploading the documents to the VFS-Global or choosing to use the scanning service of the VFS.

There are three visa application centers (VACs) in the Philippines which the applicant may choose from depending on the latter’s location. These three VACs are located in Makati City, Manila Shangri-la (The Fort) in Taguig City and Cebu City.

The VFS-Global located in Makati City, specifically at the Makati Circuit, Corporate Tower 2 along AP Reyes in Barangay Carmona, Makati serves the most number of clients owing to the fact that it is situated in the central business district of Metro Manila.

The other two VACs are the Manila Shangri-la, The Fort, located at 5th Avenue corner 30th Street, Bonifacio Global City, Taguig, Metro Manila and in Cebu with new business address at Unit 01-04, 7th Floor Faustina Centre, F. Cabahug St., Kasambagan, Cebu City effective 13 October 2025.


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SIMPLE STEPS IN FILING FOR A UK VISA (Video)

10/7/2025

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Filing for a UK Visa, whether a UK Spouse Visa, UK Fiancee Visa, any other UK Settlement Visa or a UK Visit Visa need not be stressful and complicated. We at ECO Immigration Consultancy (ECO-Friendly for short) will gladly help you file your application in the simplest and least stressful manner. If you let us help you out, we assure you an effortless, smooth and trouble-free lodging experience. Special thanks to Mrs. Lorielyn Tagapan Bogdan, Ms. Adeline Fae Aznar and Ms. Jeannette J. Llantos for being our beautiful models in this short video. #UKSpouseVisa #UKFianceeVisa #UKSettlementVisa #UKVisitVisa 
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Ms. Jeannette Llantos leaving the Premium Lounge of the visa application center after filing her UK visit visa application. She is now in the UK having a grand vacation with her family and friends.
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JUDICIAL RECOGNITION OF FOREIGN DIVORCE - Part 2

9/28/2025

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PictureCongratulations to Ms. Jennifer Manalo for her successful UK Visit Visa application.
In our previous ECO-Friendly blog, Judicial Recognition of Foreign Divorce, we discussed how marriages celebrated in the Philippines can be subjected to divorce by foreign courts even if divorce is not permitted under Philippine laws.

In the same article, ECO-Friendly also pointed out that as long as the foreign divorce is established by the Regional Trial Court (RTC) as valid after a Petition for Judicial Recognition of the Foreign Divorce is heard and resolved, the divorce made outside the country will be recognized in the Philippines and both parties to the former marriage shall now be allowed to remarry even here in the Philippines.

In the case that was mentioned in the blog, Beth asked one of our ECO-Friendly consultants whether the foreign divorce of her partner who was a former Filipino can be held valid even if the Petition for Judicial Recognition thereof was still pending in the RTC.

According to Beth, they could not wait for the decision of the RTC because the minimum income requirement for the UK Fiancée Visa was set to be increased in May 2024 which was only a few months away. From the then MIR of GBP18,600, the new MIR was scheduled to be increased to GBP29,000 by May 2025.

Although the law on foreign divorce mandates that it be judicially recognized by the RTC in order for the former spouses to be permitted to remarry in the Philippines, this is with respect to the Filipino spouse left behind here in the Philippines. This means that the foreign spouse does not need to comply with this provision and if he was validly divorced in a foreign country, UK laws shall legally consider this divorce and he may remarry anytime anywhere in the UK.


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Thus, once the divorce decree is issued by the Thai court, the British divorcee shall be allowed under British law to remarry in the UK even if he was a former citizen of the Philippines.

The only issue, under this scenario, where the foreign divorce needs to be judicially recognized in the Philippines is if there are properties involved which are situated in the Philippines. Under this situation, the foreign divorce needs to be established as valid so that the properties of the former spouses when they were still married can be subject to settlement by the Philippine courts.

Under the case of Beth and Mark, there were no Philippine properties involved in the previous marriage so there was no problem with the fact that they did not wait for the court to rule on the Petition for Judicial Recognition of the Foreign Divorce.


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JUDICIAL RECOGNITION OF FOREIGN DIVORCE

9/8/2025

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PictureAdeline Fae Aznar visits the Cotswolds. Enjoy your vacation ate Adeline!

There are only two places left in the entire planet Earth where divorce is not allowed… the Vatican and the Philippines.
  
The Vatican is where the pope resides and where the whole catholic faith is based and domiciled. Priests, nuns, religious members, lay employees and a mix of clergies live here and this would probably explain why divorce is not permitted.
 
In the Philippines, we were colonized by Spain for 300 years and although the country has been free from the Spanish priests and missionaries that controlled us since the 1500s until the late 1800s, their frailocracia or friarocracy is still strongly felt and essentially a part of the Philippine society. Worth pointing out is that on July 1981, our former colonizer, Spain herself has legalized divorce.
 
Many believe that this Christianization played a big part in the inclusion of a constitutional provision enjoining the state to protect the sanctity of marriage as an inviolable social institution. This plus the solid will of majority of the Filipino people and legislators to block any move to allow divorce are the main reasons why divorce cannot and will not be allowed in the country for several more years to come.  
 
Majority of the Filipino people do not also seem to think that a divorce law should be the priority of the country as of now, especially with the public outrage concerning the corruption in the flood control projects and other more important issues hounding the country.
 
 
FOREIGN DIVORCE MAY BE RECOGNIZED BY PHILIPPINE SC
 
However, in a landmark decision by the Supreme Court of the Philippines, it ruled that spouses whose marriage was celebrated in the Philippines and who later filed for a divorce in a foreign country may effectively have their foreign divorce judicially recognized in the Philippines.
 
Judicial recognition here means that the party filing the petition with the Regional Trial Court (RTC) is required to prove that the divorce decree was validly issued by the foreign court. Therefore aside from the actual authenticated copy of the divorce decree, the actual authenticated copy of the foreign divorce law itself which was in force in the country at the time of the divorce must be reviewed by the RTC, as well as proof of the actual foreign citizenship of at least one of the spouses at the time of divorce.
 
Once the court duly recognizes the foreign divorce, the parties can remarry even in the Philippines.  




PictureCongratulations on our successful application for a UK Visit Visa Adeline. Fiancee Visa naman next!
CAN A FILIPINO DIVORCEE MARRY ABROAD WITHOUT RECOGNITION?
 
From the preceding explanation of judicial recognition, it is very clear that if a marriage celebrated in the Philippines was dissolved by divorce in a foreign country, and a petition for judicial recognition was filed and subsequently approved by the RTC, the former spouses can now be allowed remarry in the Philippines.
 
But what if the parties to the foreign divorce want to remarry abroad? Do they need to undergo the required judicial recognition if they will not remarry in the Philippines and instead schedule their next wedding in another country?
 
Say for example a former Filipino (now a British citizen) wants to marry his current Filipina girlfriend. The problem is he used to be married to another Filipina and their marriage was celebrated in the Philippines. They later filed for a divorce in another country but it was not judicially recognized in the Philippines. Now the former Filipino and his new partner want to marry in the UK.
 
ISSUE: WHETHER OR NOT A FILIPINO COUPLE WHO WAS MARRIED IN THE PHILIPPINES AND WHO LATER OBTAINED A FOREIGN DIVORCE MAY BE ALLOWED TO REMARRY IN ANOTHER COUNTRY IF THEIR DIVORCE WAS NOT JUDICIALLY RECOGNIZED IN THE PHILIPPINES
 
 
ACTUAL FACTS FROM ECO-FRIENDLY FILES
 
A lady applicant from Batangas City, Philippines went to our office for initial consultation asking whether she can file for a UK Fiancée Visa even if her British boyfriend’s divorce abroad from his former marriage in the Philippines had not yet been recognized by the RTC.
 
The boyfriend (whom we shall call Mark) used to be a Filipino citizen and now a British citizen after continuously residing in the UK for five (5) years. According to our client Beth (not her real name), she met Mark in an online dating site and they instantly hit it off. After a few months of messaging, he visited her in the Philippines and they became sweethearts.
 
In fairness to Mark, he revealed early in their relationship that he was previously married to a Filipina woman and their marriage was celebrated in the Philippines. However, after a few years of living together as husband and wife in Thailand, the marriage deteriorated and they filed for a divorce. A divorce decree was subsequently issued by the Thai court.
 
Beth’s question: “WILL A UK FIANCÉE VISA APPLICATION FILED IN THE PHILIPPINES BE SUCCESSFUL, IF THE FOREIGN DIVORCE OF MARK HAS NOT BEEN JUDICIALLY RECOGIZED BY THE PHILIPPINE COURTS?”
 
Their ultimate goal, of course, in filing for a UK Fiancée Visa is so that they can marry each other in the UK. So it is imperative that they first determine whether British law would allow them to marry given the circumstances. For if UK law will not recognize Mark’s divorce, then they cannot be allowed to marry in the UK. What then is the use of filing for a UK Fiancée Visa if they cannot be allowed to marry in the UK?
 
Take note that in the case at bar, a Petition for Judicial Recognition of Mark’s foreign divorce with his first Filipina wife had already been filed in the Batangas City-RTC but was taking too long. Beth and Mark was keen on waiting for the court’s decision however long it would take the RTC to resolve, but while they were waiting, the Home Office made a very important announcement pertaining to the financial requirement for UK settlement visa applications.
 
While the petition for judicial recognition was pending in court, the UKVI issued a new rule increasing the Minimum Income Requirement (MIR) which was then GBP18,600 to GBP29,000 effective May 2024.
 
The MIR is one of the most essential requirements when applying for a UK settlement visa like a UK Fiancée Visa or UK Spouse Visa. It is one of the best guaranties that both the sponsor and the applicant for the UK settlement visa will not resort to public funds by requiring the parties to earn at least GBP18.600. At least this was the MIR at the time they filed the petition in court.
 
However, during the pendency of the hearing, the UKVI announced a hike in the MIR from GBP18,600 to GBP29,000.
 
Since there was no sign that the RTC will approve the petition before the May 2024 deadline, Beth became apprehensive that they will not be able to comply with the financial requirement after the new MIR takes effect because her partner’s annual income was below GBP29,000!
 
Can her application for the UK Fiancée Visa be successful therefore, if the foreign divorce of her British partner to the latter’s Filipino wife is not judicially recognized by the Philippine court?
 
To be continued…
 

 

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Adeline Fae with her boyfriend David taking a pose at the Cotswolds. Have fun you two!
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WHAT THE HECK IS A BALANCE OF PROBABILITIES?!

4/19/2025

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PictureECO clients Jessica abd Simon Parkyn spending their leisure time at the Blue Pool and Lulworth Cove in Dorset.
Manila, Philippines - For the benefit of those whose application for a UK visa have once been rejected but do not have a clue as to the meaning of the term, BALANCE OF PROBABILITIES is one the most used wordings for refusal of the Entry Clearance Officer (ECO) if the supporting documents attached with the application is insufficient to render a favorable result.

In short, it is the standard of proof required to be used by ECOs when the requisite documentary evidence to prove the applicant’s eligibility for UK visa being applied for is inadequate or lacking.

Let’s say the applicant is applying for a UK Spouse Visa from the Philippines. In such an application, the most genuine and convincing proof that the applicant for the UK Spouse Visa is legally and validly married to her British partner/sponsor here in the Philippines is of course the marriage certificate duly issued by the Philippine Statistics Authority (PSA). Hence, this certificate may be considered as a mandatory document.

However, as an example, what if the marriage certificate is not yet available because of some delay with the PSA but the Filipina wife needs to travel to the UK because her British husband is sick or figured in an accident.

In this case, the UK Spouse Visa application of the wife may be considered by the ECO as one falling under an EXCEPTIONAL COMPASSIONATE CIRCUMSTANCES because refusing it would cause an unjustifiable harsh circumstance. Menaing no one will take care of the husband in the UK if the application is refused. However, the fact remains that the applicant still has to prove she is legally married to her British husband/sponsor.

Under this scenario, if the marriage certificate cannot be acquired at the time the application is lodged and the application is filed without the very important certificate, the ECO does not have to refuse the application outright but may have to consider the application on the balance of probabilities. This is one of the discretions vested on the ECO.

Thus if he is satisfied, based on other documentary proof submitted by the applicant minus the marriage certificate, that the UK Spouse Visa applicant is genuinely and legally married to the British partner/sponsor, he may decide on the balance of probabilities that the applicant is probably qualified. This means that taking into account the other supporting documents which corroborate the fact that the couple is married to each other, and there is a more than 50% chance that the marriage is valid, coupled with the strength of the other documents taken as a whole, the application should be successful.

A number of secondary supporting documents to prove a valid marriage such as photos of the wedding, marriage licence, wedding invitation, email messages by the couple talking about the wedding and other minor proofs, taken together may be used by the ECO to consider whether the marriage is valid and the application should be accepted or rejected.


PictureJessica and Simon wandering the streets of London on Valentine's Day 2025.
WHEN A NEGATIVE DECISION IS WARRANTED BASED ON THE BALANCE OF PROBABILITIES.
With respect to a refused application, however, a negative decision based on balance of probabilities would therefore mean that the applicant was not able to fully satisfy the ECO of his or her eligibility as a UK Spouse Visa applicant because of an absence of one or some very important and mandatory documentary evidence (marriage certificate in the example given above) and the secondary evidence attached with the application was not sufficient enough to convince the ECO that the applicant is probably qualified for the visa.

On the other hand, had the ECO been convinced that the secondary evidence were adequate enough to establish that the applicant is married, then on the balance of probabilities, the application should be successful and the applicant eligible for the UK Spouse Visa. This means that the ECO decided that the applicant is probably qualified for the UK Spouse Visa based only on the secondary evidence that was submitted.

It is worth mentioning therefore that BALANCE OF PROBABILITIES does not only apply to rejected applications but likewise pertains to successful applications. However, there is no need to cite that the application was approved based on the BALANCE OF PROBABILITIES as the grounds for approval of an application are not required to be mentioned anymore.

For refused applications, however, the grounds for refusal must specifically be stated by the ECO, and this is where the phrase BALANCE OF PROBABILITIES comes in.

ECO-Friendly therefore advises potential applicants to attach all mandatory documents to the application in order to have a strong chance of obtaining a positive result.

However, if by any chance, a particular mandatory document to prove an important fact in the application cannot be obtained and the applicant has no other choice but to just rely on secondary documents, they must ensure that all the secondary documents are sufficient and suitable enough to support and affirm the fact being asserted. This is so that on the balance of probabilities, the ECO will be satisfied that the applicant is probably qualified. This means that the ECO recognized and came to a conclusion of the fact that there was a 50% plus 1 that the applicant is probably eligible based on the documents that was presented.

Always take note that these secondary documents works as a replacement or substitute in the absence of the primary document and therefore should be compelling enough so that if ever the ECO makes a decision based on the balance of probabilities, he will be more inclined to issue a positive result because the applicant was able to satisfy his curiosity and validate the authenticity of the fact being alleged.

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The two lovebirds in Weymouth.
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Filing A UK Spouse Visa With Less Than GBP29,000 Annual Income

3/30/2025

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PictureECO former client MJ Roehead with hubby Steven and cute daughter Leila having fun at the Hartlebury Fireworks and Street Food.
Manila, Philippines - It is very heart breaking to see an elderly British citizen who assumes he cannot bring his Filipina girlfriend/partner to the UK on a UK Spouse Visa or UK Fiancée Visa because he thinks he is not eligible as a sponsor for lack of income.

A truly tragic situation especially if the elderly sponsor badly needs someone to grow old with, talk to and maybe care for him.

Based on ECO-Friendly’s experience, most British partner/sponsor who lacks the yearly income requirement of GBP29,000 only has two options to choose from.

The British sponsors can either choose the first option, which is to make do with a long-distance relationship and visit his Filipina girlfriend/partner occasionally in the Philippines.

The second option is to settle in the Philippines, live happily with his Filipina girlfriend, maybe marry her and then remain in the Philippines for the rest of their lives.

Based on ECO-Friendly interviews and consultations with clients, most British partners of Filipinas opt for the latter choice spending their retirement days here in the Philippines. However, if majority of them would have their way, they just want to visit the Philippines on a temporary basis and still prefer to spend their remaining years in their native Great Britain.

If the Filipina partner would also have her way, she would rather file for either the UK Spouse Visa or UK Fiancée Visa or any other UK Settlement Visa and stay and settle in the UK.

Most applicants for the UK Spouse Visa or UK Fiancée Visa or any other UK Settlement Visa are not aware that there is a way around the minimum income requirement for those who have  insufficient income but are eligible for the ADEQUATE MAINTENANCE route.

If the British sponsor receives certain benefits as provided under the rules, they may be exempted from complying with the requirement on the minimum income threshold and are not required to earn GBP29,000.

In other words, British sponsors who receive certain benefits from the government are allowed to sponsor their Filipina partners, either for a UK Spouse Visa or UK Fiancée Visa or any other UK Settlement Visa even if their annual income is less than the required GBP29,000.

This exemption from the minimum income threshold of GBP29,000 applies only where the sponsor receives any of the following permitted benefits enumerated below:
  • Carer’s Allowance;
  • Disability Living Allowance;
  • Industrial Injuries Disablement Benefit;
  • Severe Disablement Allowance;
  • Personal Independence Payment;
  • Attendance Allowance;
  • Constant Attendance Allowance;
  • Mobility Supplement;
  • War Disablement Pension under the War Pensions Scheme;
  • Armed Forces Independence Payment;
  • Guaranteed Income Payment under the Armed Forces Compensation Scheme;
  • Policy Injury pension;
  • Child Disability Payment; or
  • Adult Disability Payment.

So if the British partner/sponsor receives any of the above benefits, he is no longer required to prove that he earns a yearly minimum income of GBP29,000 for the UK Spouse Visa or UK Fiancée Visa application of his partner to be successful.

However, this is not an absolute and unconditional rule. There are certain conditions that must be met by the British sponsor before he can be eligible for the exemption.

According to the provision on ADEQUATE MAINTENANCE, “‘adequate’… in relation to a maintenance requirement shall mean that, after income tax, National Insurance contributions and housing costs have been deducted, there must be available to the family the level of income that would be available to them if the family was in receipt of Income Support.”

The rules also provide that, “The Immigration Rules do not specify the level of income or amount of funds sufficient for ‘adequate’ maintenance. This will be case specific and depend on the number of dependants in the family unit. If dependants of the main applicant are going to accompany them to, or remain with them in, the UK, then sufficient resources must be available for the whole family unit to be adequately maintained, regardless of their nationality or immigration status.”

According to a formula devised by the UKVI, the difference between the net income (after deduction of income tax and National Insurance contributions) minus the housing costs (that is what needs to be spent on accommodation) should be equal to or more than the amount of Income Support an equivalent British family of that size can receive.

Using the above as basis, here is the formula that must be taken into consideration to determine whether the British partner/sponsor may be entitled to exemption with the minimum income requirement in the filing of e UK Spouse Visa or UK fiancée Visa or any other UK Settlement Visa:

A minus B is greater than or equal to C
A – B > C

The rule emphasizes that, “Personal debt, including loans and credit card debt, should not be taken into account in this assessment” and only the weekly housing costs shall be deducted from the weekly net income.

To learn more about ADEQUATE MAINTENANCE and how to avail of the exemption from the minimum income threshold of GBP29,000 when filing for a UK Spouse Visa or UK Fiancée Visa or any other UK Settlement Visa, please do not hesitate to contact us.



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WHEN IS THERE NO IMPEDIMENT TO MARRY FOR THE UK FIANCÉE VISA APPLICANT?

3/22/2025

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PictureMag-nanay o mag-ate??? ECO-Friendly clients (mother and daughter) Jeannette and Jennessie just chillin' during mom's birthday! Happy Birthday Jeannette!
In applications for a UK Fiancée Visa, both parties (the Filipina applicant and her British fiancee/sponsor) must be free to marry each other within six (6) months from arrival in the UK if the application is approved.
 
According to the rules, there must be "NO IMPEDIMENT" to the future marriage of the Filipina applicant and her British fiancée/sponsor at the time the application is filed, otherwise the application shall be automatically refused.
 
"NO IMPEDIMENT" here means that both parties must be legally free to marry each other and all previous marriages must have been divorced, dissolved or nullified, as the case may be, before the application for the UK Fiancée visa is filed.
 
Therefore even if the Filipina applicant for a UK Fiancée Visa has been separated from her Filipino husband for several decades already, if that husband is still alive and their marriage has not yet been decreed nullified by the Philippine courts, even if they have not been living together for the past several decades, the application for the UK Fiancée Visa will still be refused.
 
So in order for the application for the UK Fiancée Visa to be successful, it is a good idea for the parties to have a bit of knowledge regarding the law on the declaration of nullity of marriage under the Family Code of the Philippines. Of course the services of a lawyer is required for their marriage to be dissolved as this is a legal procedure.
 
WHAT ABOUT FILIPINA APPLICANTS FOR THE UK SPOUSE VISA WHO ARE STILL MARRIED BUT ARE ALSO ALREADY SEPARATED FROM THEIR HUSBANDS AND PLAN TO FILE A UK SPOUSE VISA?
 
ECO-Friendly would also like to inform our readers that knowledge of the rules on the declaration of nullity of marriage is also helpful to those planning to file for a UK Spouse visa sometime in the future but are still married to their Filipino husband who is still alive.
 
In the case of an application for a UK Spouse Visa, where the Filipina applicant who plans to file for the UK Spouse Visa here in the Philippines is also still married to her Filipino husband, they are also required to have the marriage dissolved by filing a declaration of nullity of marriage before the Filipina applicant can marry her British partner here in the Philippines.
 
This legal procedure is admittedly a very long, tedious and stressful process, but once the court having jurisdiction over the case issues a declaration of nullity of marriage, only then can the Filipina be allowed to marry her British boyfriend/sponsor and subsequently file for the UK Spouse Visa once they obtain a copy of their Certificate of Marriage duly issued by the PSA.
 
ECO-Friendly earlier discussed the Requisites of Marriage and enumerated the ESSENTIAL and FORMAL requisites of marriage which are grounds to file for a decree of nullity of marriage or annulment.
 
Articles 35, 36 and 37 of Chapter 3 of the Family Code of the Philippines provide the grounds for Void and Voidable Marriages:
 
Article 35 - The following marriages shall be void from the beginning:
(1) Those contracted by any party below eighteen years of age even with the consent of parents or guardians;
(2) Those solemnized by any person not legally authorized to perform marriages unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so;
(3) Those solemnized without license, except those covered the preceding Chapter;
(4) Those bigamous or polygamous marriages not failing under Article 41;
(5) Those contracted through mistake of one contracting party as to the identity of the other; and
(6) Those subsequent marriages that are void under Article 53.
 
Article 36 - A marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization. (As amended by Executive Order 227)
 
Article 37 - Marriages between the following are incestuous and void from the beginning, whether relationship between the parties be legitimate or illegitimate:
(1) Between ascendants and descendants of any degree; and
(2) Between brothers and sisters, whether of the full or half blood. (81a)
 
According to the UKVI rules, once the previous marriage of the Filipina who intends to marry her British partner/sponsor is dissolved by reason of a court order declaring the nullity of this previous marriage, she can then file for a UK Fiancée Visa immediately.
 
On the other hand, in the case of a Filipina who is still married to her Filipino husband but is planning to file an application for a UK Spouse Visa, after the court orders the declaration of the nullity of this marriage, the former can now marry her British partner/sponsor any time after the court order and later file for the UK Spouse Visa after their marriage.



For help in filing for a declaration of nullity of marriage and subsequently filing for a UK Fiancée Visa or UK Spouse Visa, please do not hesitate to contact us.

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Mr. and Mrs. Paul and Jeannette Rayner celebrating the latter's birthday. Their love for each other still going strong after all these years in the UK! Stay safe in the UK guys!
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The EVISA

3/16/2025

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PictureECO clients Rose and Airo who are now together in the UK after Airo's successful Partner Visa application. Good luck on your new life together in the UK guys!
Manila, Philippines - The Biometric Residence Permit (BRP) has recently been replaced by the eVisa.

All BRP holders have been contacted by the UK Visas and Immigration (UKVI) by email to inform them that all BRPs issued in favour of all UK Spouse Visa and other UK Settlement Visa have expired as of 31 December 2024.

The email further stated that the automatic expiration of the BRPs will not affect the immigration status of the UK Spouse Visa and other UK Settlement Visa holders, but they have to create a UKVI account (free of charge) in order to access their eVisa.

The UKVI adds that once the BRP expires and the eVisa takes effect, there will be a change in the way to prove the immigration status of the UK Spouse Visa holders.

The BRP used to be the main proof that the holder has the right to “stay, work or study” in the UK. It is one of the main requirements that the UK Spouse Visa, or other UK Settlement Visa holder can use if he or she wants to open a bank account in the UK.

The UK government’s main purpose in requiring holders of the UK Spouse Visa and other UK Settlement Visa to obtain the Biometrics Residence Permit (BRP) is to help protect the identities of these legitimate and genuine applicants. Because showing the BRPs to the UK authorities will make it easier, simpler and faster for these people to prove their true immigration status in the UK.

Now the eVisa is a simpler and easier way, according to the UKVI.

The UKVI further adds that the eVisa is an online record of the UK Spouse Visa and other UK Settlement Visa holders of their immigration status and the conditions of their permission to enter or stay in the UK. They need to create a UKVI account to be able to access their respective eVisas. 

Benefits of eVisas include:
  • The eVisa is secure and cannot be lost, stolen or tampered with, unlike a physical document  
  • UK Spouse Visa holders will not need to wait for, or collect, a physical document after the application is decided – they might still need to provide biometric information in person, and we will tell you if you need to do this
  • It will be quicker and easier to prove their status at the UK border, and share their status with third parties like employers and landlords

The UK Spouse visa or any other UK Settlement Visa holders can use an eVisa to travel to the UK together with their current passport which must be linked to your UKVI account. They should also get a share code to prove their immigration status before they travel. The airline or carrier will ask for it. This share code is valid for 90 days.

But aside from the benefits mentioned above, some sectors are questioning the transition from the BRP to eVisa saying there are some challenges that are apparent and in fact are being experience by holders thereof
  • TECHNICAL PROBLEMS WITH INTERNATIONAL TRAVEL. Because of the relatively new scheme, technical issues due to the transition from BRP to eVisa are being encountered especially with the airline industry. Most airlines are having difficulty electronically verifying the e-Visa status of most UK Spouse Visa and other UK Settlement Visa holders. Some eVisa holders even encounter being refused in boarding airlines due to technical glitches.
  • LACK OF TECHNICAL SUPPORT. Although technical supports have been put on stand by and operate 24/7 handling problems brought about by the eVisa holders, the number of support groups is just not enough to accommodate the hitches that come up when verifying immigration status. Authorities must put up additional tech support to remedy the technical issues.
In order to prevent delay and hassle whenever using the eVisa, UK Spouse Visa and other UK Settlement Visa must therefore ensure that their UKVI account details are accurate and correct whenever they use it. They must also make it a point to generate their share code in advance in order to ensure prompt and immediate result and avoid delay.

It is likewise a smart move to always have a printed copy of the eVisa holder’s immigration status whether they are UK Spouse Visa or other UK Settlement Visa holders.


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REQUISITES OF MARRIAGE - A MUST KNOW FOR APPLICANTS OF THE UK SPOUSE VISA

3/5/2025

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PictureECO clients Mr. and Mrs. Adrian and Rhose Thorpe during their wedding in 2017.
Manila, Philippines - As we keep on emphasizing in our previous articles, it is very essential for the UK spouse visa applicant to prove legitimacy and authenticity of their marriage with the British partner/sponsor.

The best proof, of course, is the marriage certificate duly issued by the Philippine Statistics Authority (PSA). This marriage certificate released by the PSA is a vital piece of document from the government of the Republic of the Philippines certifying that the marriage solemnized within the country is legal and binding against the whole world.

Unlike applications for a UK fiancée visa where the applicant’s intention is to marry the British partner/sponsor in the UK, then convert into a UK spouse visa via an FLR-M application, couples intending to file for a UK spouse visa need to marry here in the Philippines.

Thus, possession of the marriage certificate informs the Entry Clearance Officer (ECO) who will decide on the application that the marriage in the Philippines is authentic and was solemnized in accordance with the requisites of marriage as provided under the Family Code of the Philippines.
 
WHY IS IT ESSENTIAL FOR UK SPOUSE VISA APPLICANTS TO KNOW THE REQUISITES OF MARRIAGE?
Couples planning to file for a UK spouse visa and looking for a quick and easy way to get married are the ones easily susceptible to scams perpetrated by hustlers lurking in city halls. Officials at city hall may dispute the fact that unscrupulous fixers still abound their corridors saying these sharks no longer swim in their august halls, but the sad reality is, these double dealers are still very much alive and kicking. A number of local governments have somewhat partially eradicated these bad elements but enterprising con artists still prey on unsuspecting couples who want to marry quickly.

Thus, in order to protect their interests, couples intending to marry so that they can file their UK spouse visa application should know a thing or two about the requisites of marriage to avoid being duped by these tricksters.
 
WHAT ARE THE REQUISITES OF MARRIAGE?
There are actually two requisites of marriage under the Family Code of the Philippines: The ESSENTIAL requisites and the FORMAL requisites.
According to Article 2, the essential requisites of marriage are the following:
  1. Legal capacity of the contracting parries who must be a male and a female; and
  2.  Consent freely given in the presence of the solemnizing officer.
On the other hand, Article 3 enumerates the formal requisites of marriage, which are:
  1.  Authority of the solemnizing officer;
  2.  Valid marriage licence
  3. A marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officer and their personal declaration that they take each other as husband and wife in the presence of no less than two witnesses of legal age.

According to the law, if any of the ESSENTIAL or FORMAL requisites is not present at the time of the celebration of the wedding, then the marriage shall be considered as VOID AB INITIO meaning the marriage shall be considered as not valid from the very start.

Let us give you an example. Under Philippine laws, the legal capacity is 18 years old or upwards. Thus, if one of the parties to the marriage is below 18 years old, the marriage will be considered void ab initio or void from the start. This means that there is no need to file a petition for any proceeding in court or any administrative body to render the marriage as void because under this circumstance, it’s as if the parties to the marriage never took part in it. This is because the said marriage did not take place in the first place, as it void from the very start.

This is true even if the marriage was celebrated in a grand fashion and a large reception was held with prominent guests. This provision of law stipulating that the marriage solemnized shall be void ab initio is absolute and without any conditions.

So if fixers at city hall make promises and assurances that the couple can marry even if one of the parties is already 17 years and 11 months old, this is not correct. Fixers may make false declarations that as long as the minor shows proof that her parents consents to the marriage and that the marriage will eventually be valid once the minor party turns 18, the couple should take heed and just wait for the minor party to actually turn 18 years old just to be sure.

Another provision of the Family Code requires any party to the marriage who is over 18, but below 21 years of age to secure consent from the parents concerned before they can be allowed to marry. Violation of this provision, however, does not render the marriage void from the start but merely voidable. Voidable here means that the marriage shall be valid unless annulled. In this case, the marriage shall be considered valid once the minor turn 21.

In one case decided by the Supreme Court, a marriage solemnized by an active judge on a Sunday, which is not a regular office day, was considered as void from the very start, for violation of Article 3, “Authority of the Solemnizing Officer.” Thus, marriages solemnized by judges should be conducted inside his court open to the public, during office hours and within his jurisdiction.

According to the framers of the family code, the more people in the wedding, the more number of people who can inform the solemnizing officer that there is an impediment to the marriage. This is the principle behind making the marriage as open to the public as possible.

Based on ECO-Friendly’s experience, these are the types of provisions that couples planning to file for the UK spouse visa should be familiar with in order for their applications not to be rejected by mere technicalities when they file for the UK spouse visa.

Another example of Paragraph 2, Article 2 would be a judge solemnizing a marriage outside of his jurisdiction. In one case, since the judge is only authorized to officiate a wedding within the jurisdiction of his branch (only in Quezon City for example), if he solemnizes a marriage in San Juan City, even if Quezon City is very near San Juan, the wedding shall be void.

For your queries regarding your plans to marry in the Philippines as a prelude to filing for a UK spouse visa, or for any other questions on any matter relating to UK visa applications, please do not hesitate to contact us.


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Adrian and Rhose strolling at the Skegness Sea Front beach.
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