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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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DURABLE RELATIONSHIP FOR UK UNMARRIED PARTNER VISA

2/11/2025

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PictureCat with her husband Tony relaxing and strolling.
Manila, Philippines - In our previous article, we discussed the dreaded two (2) year rule for the UK Unmarried Partner Visa application which made it quite problematic for applicants to file for it due to the complicated provision requiring two (2) years of cohabitation between the applicant and her British partner at the same time requiring the sponsor to earn a yearly income of £29,000.

Fortunately, a law was filed and passed deleting this provision, which according to the UKVI would make it easier for applicants who have not lived together under one roof to file for the UK Unmarried Partner Visa as an alternative to filing for the UK Spouse Visa or the UK Fiancée Visa.

So under the new rule which was passed and took effect last January 2024, as long as the partners (applicant and British sponsor/partner) can prove by document that they have been in a DURABLE RELATIONSHIP similar to marriage or a civil partnership for at least two (2) years before the date of application without need of living together, the applicant may be eligible for the UK Unmarried Partner Visa.

So what is a DURABLE RELATIONSHIP? According to the rules, “where the applicant and their partner are not married or in a civil partnership, they must demonstrate they have been in a relationship similar to marriage or civil partnership for at least 2 years before the date of application.

According to the rules, “For a relationship to be similar to marriage or civil partnership the couple must usually have lived together as a couple (not just as friends) and shown an ongoing commitment to one another. However, in some circumstances there may be evidence of a durable relationship similar to marriage or civil partnership where the couple have not, or currently do not, live together.”

Under this type of situation, durable relationship is enough for the application for the UK Unmarried Partner to be approved even if they have not lived together for 2 years.

The guide for Entry Clearance Officers (ECO) further states that “A relationship can still be recognized as meeting the requirement for a durable relationship where, for example, there is a good reason the partners are living apart which is still consistent with them having a relationship similar to marriage or civil partnership. For example, they may currently live apart because one party is studying in another country, or they have to live apart for work reasons, or while applying for immigration permission in another country. In such circumstances a durable relationship can still meet the requirements, but you will need to be satisfied the relationship is durable and genuine and subsisting even though they are living apart. For example, there may be evidence that although they are currently living apart, they have lived together in a durable relationship in the past and intend to do so again in the future.

“However, in some cases the couple may not have lived together and you will need to be satisfied the relationship is similar to a marriage or civil partnership and has subsisted for more than 2 years.



PictureTony and Cat with daughter Sundae who is likewise ECO-Friendly's loyal client.
“In some countries unmarried partners cannot live together and you will need to assess whether the relationship is similar to a marriage or civil partnership, in that it is more than a boyfriend/girlfriend type relationship.

“In some countries same-sex relationships might not be recognized or accepted by the society, which in turn might make it difficult or even impossible for same-sex partners to cohabit. Where an applicant says this is the case, you should check the relevant Country Policy and Information Notes, to confirm this is consistent with the information available. Instead of evidence of cohabitation, you will want to see other evidence of an ongoing relationship such as evidence of regular communication, visits, holidays, events attended, financial support, joint care of any children the partners have together, or any other evidence showing an ongoing relationship.

“Where the couple have entered into their relationship in the UK or in a country where same-sex relationships are accepted they will normally be expected to have cohabited unless there is a good reason they live apart.” These statements are based on immigration rules.
 
INVALID MARRIAGE OR CIVIL PARTNERSHIP
A durable relationship therefore does not require the 2 year cohabitation period and even if the partners live apart for most of their relationship, the application will still be approved as long as they can show their relationship is akin to marriage without necessarily living together.

Under this principle, therefore, it may be possible for applicants who file for the UK Spouse visa to end up receiving a UK Unmarried Partner visa instead.

Because under the rules provided, where the Entry Clearance Officer (ECO) is not satisfied that the marriage or civil partnership between the applicant and the British partner/sponsor is valid, said ECO must not automatically refuse the application. Instead, the rules instruct the ECO to continue considering the application as if the partners are unmarried or not in a civil partnership and assess whether they meet the requirements for a durable relationship. So under these conditions, as long as all the requisites for a valid UK Unmarried Partner visa are present, then a favourable decision for the same visa application is warranted.

Thus, if the applicant who is pressed for time and needs to be in the UK ASAP, and is actually already married to the British partner/sponsor but does not yet have the complete documents (like the marriage certificate issued by the PSA) to prove that their marriage, they can file for the UK Spouse Visa and if the ECO determines there is no sufficient evidence to show a valid marriage, the ECO may proceed with the application and treat it as if a UK Unmarried Partner Visa was instead filed.

Until next time!

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UNMARRIED PARTNER VISA – The Abolition of the Dreaded TWO-YEAR RULE!

1/30/2025

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PictureECO clients - Harry and Ivy Perry-Lewis
Manila, Philippines – In our 14 year experience helping clients file for their UK settlement visa applications, very seldom have we assisted and filed for a UK Unmarried Partner Visa for clients.

By the term of this visa category itself, a “UK Unmarried Partner Visa” seems to give the impression that this is a type of entry clearance which appears to be very easy to apply for and get approved.

Thus, as long as the applicant from the Philippines and her British partner are in a legitimate relationship and they are not married to each other at the time they submit their application, the logical assumption would be, as the name implies, that they can file for an Unmarried Partner Visa and get it easily approved.

This could then be the start of their new life together as a happy couple in the UK... At least that was what applicants initially thought.

However, this was not the case back then. The reason why we almost never encourage clients to apply for the UK Unmarried Partner Visa is because it is very difficult to meet the terms of one of its provision which is - the “two-year living together” requirement, provided under the old rule.
 
THE OLD RULE FOR A UK UNMARRIED PARTNER VISA
According to the old rule, the Filipina applicant for the UK Unmarried Partner Visa and her British partner/sponsor are required to have physically lived together and be in a relationship similar to marriage or civil partner for a period of at least two (2) years prior to filing the application. This entails cohabitation or living together as if they were husband and wife.

So in order for the UK Unmarried Partner Visa application to be successful, the Filipina applicant and her British partner/sponsor must have first lived together under one roof for two (2) years minimum and proof of this cohabitation must be submitted and attached with the application in order to satisfy the Entry Clearance Officer (ECO) that the applicant complies with this requirement.

Of course if taken separately from the other requirements, this condition is quite simple and easy to meet. The unmarried couple just need to stay and live together under one roof as man and wife for at least two years... easy and straightforward right?

But here is where it gets complicated – aside from this two-year living together rule, the provision also mandates a strict financial requisite that calls for the couple to earn an annual income of at least GBP18,600 before 11 April 2024 which was amended to GBP29,000, after 11 April 2024.

So aside from living together similar to a husband and wife relationship outside the UK for a period of two years, the couple (particularly the British partner/sponsor) must also actually earn an annual income of at least GBP29,000.  

And this is what makes the filing of the UK Unmarried Partner visa difficult if not impossible. Because how can the couple live together outside the UK for a period of two years and at the same time earn GBP29,000 in order to comply with the financial requirement? For some, this may be realizable but for majority of the applicants and their British partner/sponsor, this is very challenging.

Even if the British boyfriend/sponsor who is living and working in the UK receives an annual salary of more than GBP29,000, how will he be able to comply with the two-year cohabitation requirement if his work is in the UK? This is the dilemma applicants faced when the old rule was still in effect.

Thus, back in those days when the old rule still applied, whenever clients would visit our office at Ortigas in Metro Manila, Philippines for initial consultation asking for assistance in filing for a UK Unmarried Partner Visa they would occasionally end up going home frustrated and discouraged.

Couples who have been in long-distance relationships enduring years of living apart continue to suffer and defer filing for the UK Settlement Visa because they are unable to comply with the two-year living together period for the UK Unmarried Partner.



DISCOURAGING AND DEPRESSING
Oftentimes, during consultation, when we explain the degree of difficulty in filing for the UK Unmarried Partner Visa and enumerate the supporting documents they have to gather (which as earlier explained was almost impossible to collect), potential clients are usually discouraged and somewhat depressed.

Who wouldn’t be? Many of them travel all the way from far-flung provinces for a personal consultation at our Ortigas office only to be told that there was almost no hope for a successful application because of the abominable two-year rule imposed under the UK Unmarried Partner visa.

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Sparks flew when Harry met Ivy!
However, there were always glimmers of hope. During these typical gloomy and unhappy consultations, ECO-Friendly would always provide two alternatives which clients can opt to file instead of the Unmarried Partner visa.

There were two other options. They could either: 1) Marry in the Philippines and apply for a UK Spouse Visa after the marriage, or; 2) Schedule a future wedding in the UK and file for a UK Fiancée Visa while in the Philippines.

NOT ALWAYS SAD ENDING
Fortunately, these two options (although longer to prepare for and more documents required) were easier to prove. Thus, these initial consultations for the Unmarried Partner visa did not always end sadly.

Since there were other alternatives, if the clients were seriously in love with each other (which is often the case), they would usually decide to go for the alternative and either file for the UK Fiancée Visa or the UK Spouse Visa.

When these clients were briefed comprehensively as to the pros and cons of filing for either the UK spouse visa or UK fiancée visa, most of them opt to file one of these types of visa instead.

In one unforgettable yet priceless moment ever in the history of ECO-Friendly, a young male British boyfriend who was talking with Sir Joel about the difficulty in applying for the UK Unmarried Partner suddenly knelt down on one knee and right there and then proposed to his stunned and bewildered Filipina girlfriend in front of all the other clients inside the office.

According to the British boyfriend, the difficulty in filing the UK Unmarried Partner suddenly overwhelmed him prompting him to just ask the big question to his girlfriend because he did not want to lose her and prolong the agony of being in a long-distance relationship.

Fortunately, ate girl said YES and they decided to file for the UK fiancée visa and celebrate their wedding in the UK. They are now happily living in the UK with two babies.

ENTER NEW RULE DELETING THE OLD DREADED PROVISION
But now finally, there is hope. The UK government has decided to amend the old rule and delete the TWO-YEAR provision for the UK Unmarried Partner Visa. Under the new rule, as long as the applicant and the British sponsor can prove that they are in a durable relationship, this is sufficient to comply with the requirements of the Unmarried Partner Visa. Next time we will discuss the provision regarding DURABLE RELATIONSHIP. (To be concluded)

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Life Skills Test for UK Settlement Visa Application

1/12/2025

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PictureCongratulations to Daisy and John for a successful FLR-M visa application. We will see you again on your next application for an Indefinite Leave to Remain (ILR)!!!
One of the most vital piece of supporting document required to be submitted by all applicants for the UK spouse visa or UK fiancee visa is the English language test certificate.

In order to obtain this certificate, the applicant needs to prove knowledge of English by passing a Secure English Language Test (SELT).

This test may be taken by the applicant at any of the UKVI accredited test centres here in the Philippines.

According to UKVI rules, "There are 2 types of tests as different immigration routes require different levels of English language ability. The test  which the applicant needs to take depends on what they are applying for.

For the following application routes, the applicant will need to take a test that assesses their reading, writing, speaking and listening abilities:
• Health and Care Worker
• High Potential Individual
• Innovator Founder
• Minister of Religion
• Scale-up Worker
• Skilled Worker
• Start-up
• Student
• Temporary Work – International Agreement (private servants in a diplomatic household making applications for entry clearance)
For the following application routes, you will need to take a test that assesses your speaking and listening abilities:
• citizenship
• International Sportsperson
• parent
• partner
• Representative of an Overseas Business
• settlement (also known as indefinite leave to remain)
The level of test you will need, known as the Common European Framework of Reference for Languages (CEFR) level, will depend on the route you are applying for. To find out which level you need, see the specific guidance for your immigration route" (Source: GUIDANCE - PROVE YOUR ENGLISH LANGUAGE ABILITIES WITH A SECURE ENGLISH LANGUAGE TEST - SELT).

ECO-Friendly would like to explain that if the first time applicant for the UK spouse visa or UK fiancee visa fails to attach this English language test certificate in the application, it will automatically be refused and will result in great lost of money, time and effort.

For the UK spouse visa and UK fiancee visa, the required level of English test is the lowest which, is the A1 Life Skills Test.

All A1 Life Skills test certificate are valid for only two (2) years. Many applicants question the rationale for the two-year expiration of an English test but this is the rule.

This means that after applicants take the test and passes, they have exactly two years to use the certificate and attach this to the application for their UK settlement visa.

If this two-year period lapses the applicant will have to take another test.

On the other hand, if the application for either the UK spouse visa or UK fiancee visa is successful and the applicant travels to the UK. This same certificate can be used for the extension of his or her stay in the UK on a Further Leave to Remain (FLR-M) without need of taking another test. This is even if the A1 Life Skills test certificate has lapsed and expired.

Thus, even if the 2-year validity period of the English test certificate has run out, this same certificate may be used by the applicant for the FLR-M application.

This is in accordance with paragraph 32D of the Immigration Rules Appendix FM-SE.

For more information on how ECO-Friendly can help you in your quest to travel to the UK, please do not hesitate to contact us by clicking the contact box below.

Till our next blog! always remember that a happy Entry Clearance Officer (ECO) always issues a friendly decision. We are ECO-Friendly!

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The CHECKLIST

1/5/2025

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PictureCongratutalions to Nikki and Eli for the former's successful UK Fiancée Visa application. Best wishes on the coming wedding!
Applicants for a UK visa must always bear in mind that the main objective of supporting documents in the application is to confirm and corroborate each and every answer and declaration in the UK visa application form.

Once the applicant understands this, it would be easier to draft a comprehensive list of evidentiary documents, based on his or her personal circumstances, which will enable them to support the answers in the application.

The applicant must therefore not merely depend on the list of supporting documents provided by the UKVI website, but should determine, by themselves, the additional OTHER DOCUMENTS necessary to support the application.

In order to understand how essential it is to provide a complete set of supporting documents, UKVI policies provide two types of documents which an applicant for the UK visa, whether for a UK Spouse Visa, UK
Fiancée Visa or UK Visit Visa, should attach with the application:
  1. The Mandatory Documents
  2. Other Documents
Mandatory documents are those types of documents which, if missing at the outset will be basis for automatic refusal of the application. Documents such as the passport, financial documents of the sponsor if he is declared as the person who will pay for the visit, TB test and English test certificates (in the case of a settlement visa application) are examples of Mandatory documents.

Other documents, however, are those additional documents that will support all the answers and statements in the application form. Not necessarily primary documents but equally essential to prove the applicants intent to return to her country of origin.

In early 2010, when we were still working for another immigration consultancy, a Filipina applicant engaged our services and her British partner insisted that only those listed in the website of the then UK Border Agency (UKBA) be included and attached with the application. The UKBA was the former agency tasked to handle UK visa applications before it was replaced by the UK Visas and Immigration (UKVI). Let’s call her Jenny and her British
fiancée Charles.

Jenny was applying for a UK visit visa for a holiday with Charles and to test the waters whether she wanted to live in the UK and file for a UK Spouse Visa after their planned marriage in the Philippines.

Jenny was an entrepreneur here but her business was not registered with any government agency, while Charles is a very successful businessman in the UK.

Since Charles had a thriving business enterprise in the UK, the financial aspect of the application, especially proof of Jenny’s expected expenses for the vacation, were pretty much covered and there were no foreseen issues that may affect the application (with respect to her travel costs if the application is approved).

As long we attach documents to prove the financial standing of Charles, we could prove that Jenny was capable of flying to the UK and her expenses will be paid by Charles.

Charles could properly show he was more than capable of paying for Jenny’s airfare, accommodation, food and other expenses in the UK. He was very confident that his bank statements would meet the requirements and the Entry Clearance Officer assigned to decide on Jenny’s application will issue a favorable result and so as long as all the documents listed in the UKBA website were filed, everything would go smoothly.

When our colleague studied Jenny’s application and other personal circumstances, however, he realized that Jenny lacked proof that she was contently living in the Philippines and that she would return to her country of birth because she was living comfortably here with a decent source of income. She also had her loving family here in the Philippines to return to.

So in Jenny’s case, since she declared she was a businesswoman engaged in selling farm products in a market near her residence, we added documents that will prove this fact in the checklist.

However, since she was not registered with the applicable government agencies, we had to think of alternative documents. Most of the proof we enumerated in the checklist consisted of evidence of her daily dealings with her regular customers like dated order sheets, photos of Jenny with her customers as well as photos of her physical store.

We even drafted affidavits to be signed by her customers declaring under oath that they were legitimate buyers and instructed them to appear in front of notaries public and have the document notarized.

Charles, however, brushed these documents aside and shrugged off our checklist saying it were all just a waste of time and all they need to show was that he can afford to pay for Jenny’s travel. He even sent the firm a written and signed undertaking from a Member of Parliament (MP) in support of the visa application, which we included in the supporting documents.

Since the customer is almost always usually right, we had no choice but to follow Charles’ instructions and file the application without the very essential proof of income to show Jenny’s financial circumstances here in the Philippines.

Long story short, the application was denied, and in the refusal letter, the ECO who decided on the application said that, “This discrepancy (regarding your source of income and lack of proof thereof) damages the overall credibility of your application. Therefore it was difficult for me to accept the truth of any uncorroborated statements made by you including those relating to the purpose and duration of your proposed stay in the UK. “

On the issue of the letter from the MP, the UKVI policy clearly state that, “Where a third-party undertaking (such as that from an MP) in support is provided with an application, an ECO may consider it as a factor relevant to establishing the applicant’s credibility and intentions, but it should not be accepted as evidence of maintenance and accommodation.”

However, mere credibility cannot be used as basis for a favourable decision. As stated in the guidance, all statements, answers and declarations in the application must be backed up and supported by actual documentary evidence. Absent these documentary evidence, the only decision issued shall be in the negative.

There was nothing we could do but learn from the mistake and file a fresh application the following week. This time we included the documents Charles forbade us to attach like the dated order sheets, photos of Jenny with her customers, photos of her physical store and employees as well as the notarized affidavit from her regular customers. The application was approved after ten days.

Moral of the story, listen to your ECO-Friendly consultants! Till our next blog!!!


Happy New Year to all ECO-Friendly family and to all our avid readers!!!


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CONVERTING A UK FIANCÉE VISA INTO A UK SPOUSE VISA INSIDE THE UK

10/29/2024

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PictureECO clients David and Ann as they tie the knot in May 2023.
After entering the UK on a Fiancée visa, the Filipina holder is given six (6) months from the time the visa was issued to marry.

One of the main requirements in filing for a UK Fiancée Visa is proof that the applicant from the Philippines will marry in the UK within six (6) months from her entry. The best proof of this is the Provisional Booking for the venue of the wedding.


According to UK rules, before any foreigner may be allowed to marry in the UK, a Notice of Marriage must be given in the Register office where the British fiancé/sponsor resides.

The notice of marriage should be conducted at the Register office where both partners have been living for at least seven (7) days.  After the Notice of Marriage is given, the future bride and groom must wait at least 28 days before they can carry out and celebrate the wedding ceremony. The marriage must be celebrated within 12 months after giving notice.

AFTER THE WEDDING
The wedding celebration is the main event for all UK Fiancée visa holders. In fact it is mainly the reason why they apply for the UK Fiancée visa... To marry in the UK and eventually apply for a UK spouse visa, in order to finally become a citizen after a few years.

So the question now is, WHAT HAPPENS AFTER THE MARRIAGE? WHAT NEEDS TO BE DONE BY THE NEW FILIPINA WIFE?

After the grand celebration… after the wining and dining… after the dancing… after the champagne toasts and the honeymoon, the newly-wed couple must now get back to work on the application and continue the arduous task of applying for a Further Leave to Remain (FLR-m) and file it with the UK Visa and Citizenship Application Services  (UKVCAS).

FURTHER LEAVE TO REMAIN
The process of filing for an FLR-(m) is carried out in order to convert the UK fiancée visa into a UK Spouse Visa. It is basically the filing of a UK partner visa inside the UK.

Under the general law of the UKVI, UK spouse visas can only be applied from outside the UK. So if you are in the UK on a Visit Visa or on a UK Marriage Visit Visa, the Filipina bride must return to the Philippines and file for the UK Spouse Visa if her ultimate goal is to settle in the UK with her British husband after their marriage in the UK.

However, if the Filipina enters the UK on the basis of a Fiancée visa and celebrates the marriage within six (6) months as laid out under the conditions of the UKVI rules, then she is allowed to file for the UK Spouse Visa even inside the UK and there is no need for her to return to her country of domicile to file for the UK Spouse Visa.

This process of filing the UK Spouse Visa inside the the UK right after the marriage is celebrated is called the Further Leave to Remain or the FLR-(m).

In the case of a Filipina holder of a UK Fiancée Visa, it is the process of converting her present visa into a UK Spouse Visa without the need of going outside the UK anymore.

It therefore allows her to extend her stay in the UK as a spouse for another 30 months or 2.5 years. If she stays in the UK for a period of five (5) years, she will be eligible to file for an Indefinite Leave to Remain (ILR) and eventually, British citizenship.

For more information on how ECO Immigration Consultancy can help you with your fiancée visa and eventually convert it to a UK Spouse Visa or FLR-(m), please do not hesitate to contact us by clicking the contact box below.

Or you may contact us at these numbers: +63 9175273009; WhatsApp/Viber: +63 9178305575; landline: +63 285465400.


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Lewis couple visiting the sights in Cebu - May 2018.
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