Looking for an Immigration Lawyer who knows Filipino Immigration Law.

[Nic]

Hi Folks.

My name is Nic. I come from Cumbria. Last year I met my Partner Lawrence. In both November last year and in January this year I went to be with him and his family and friends in Manila. As we are sure, devoted and in love with each other we are looking to live together. Unfortunately however I have spent conviction from eight years ago and on asking about this at the Filipino Embassy, providing paperwork records etc They wrote back and informed me that I can't visit the Philippines ever again despite the fact it is spent under the rehabilitation act of 1974. A friend of my partner knows the people who work in immigration and asked them what had happened. They are telling me that I need to clear my name. Well how do I do that if I was convicted? So my question is dose anyone know of a Lawyer in the UK who can help me sort this out? Does anyone know what I can do, if any or is that it?

Thanks for any guidance.
Nic

[bornatbirth]

surely if its spent, you no longer need to declare it? :Erm:

[Terpe]

Nic

I cannot advise you about any immigration lawyer in Philippines.
I believe that this issue can only be resolved at either The Philippine Department of Foreign Affairs or Philippine Bureau of Immigration.

You can browse their websites here:-

http://dfa.gov.ph/main/
http://immigration.gov.ph/

In basic principle unless a foreigner is a high profile criminal, has committed and
got arrested for a crime inside Philippines, has outstanding charges/warrants, or has
committed specific security or moral crimes etc then there should be no problems.

Hey, Even Gary Glitter visited the Phils and only got banned when he last got out of prison. (incidently most countries banned him at that time)

You can travel in and out the Philippines, just like everyone else.
When entering the Philippines for 21 days or less, customs officials do not ask or inquire about your criminal history or background.
You are only required to submit to a criminal background check if you plan to stay for more than 21 days and have to submit an application for a visa
(You do not need a visa for 21 days or less)

Unless, (for whatever reason) you get put on a 'watch list' or get flagged at Manila.
Then if you get quizzed about a criminal record it's better to be honest.

A public forum is no place to discuss your specific case.
Only you know the details.
Maybe your friend can help you with the specific solution to your difficulty and 'clear your name' at Phils Immigration?

I take it you applied for a visa at Phils Embassy in London?

[Terpe]

Nic

It is the prerogative of any country to turn you away.
None more so than drugs related. (USA included)

If you have a drugs conviction registered against you, your travelling days to Philippines may well be over.
Even minor UK offences connected with marijuana
If this is the case there is no way any lawyer can help.
In the event the lawyer would be discovered, the penalty is very severe.

No pre-judgement or offence intended
Just trying to help

[Nic]

No, It's not Drug related.

Thanks for your advice.

Anybody know of a Lawyer in this country that understands Philippine Law?

Best
Nic

[purple]

Hi Nic,

you may also check this website.
www.chanrobles.com/philippineimmigrationlaws.htm

[sars_notd_virus]

Hi Folks.

My name is Nic. I come from Cumbria. Last year I met my Partner Lawrence. In both November last year and in January this year I went to be with him and his family and friends in Manila. As we are sure, devoted and in love with each other we are looking to live together. Unfortunately however I have spent conviction from eight years ago and on asking about this at the Filipino Embassy, providing paperwork records etc They wrote back and informed me that I can't visit the Philippines ever again despite the fact it is spent under the rehabilitation act of 1974. A friend of my partner knows the people who work in immigration and asked them what had happened. They are telling me that I need to clear my name. Well how do I do that if I was convicted? So my question is dose anyone know of a Lawyer in the UK who can help me sort this out? Does anyone know what I can do, if any or is that it?

Thanks for any guidance.
Nic

I'm afraid you cannot get an immigration lawyer from the uk to the philippines for your immigration case and plan...however,u can come and visit philippines 21days and extend your visa for3months and +3months and further more stay to that is not considered a holiday.


(A) Pleasure, business or health

Procedures in the Processing of Applications for Extension of Visitor’s Visa Under Section 9a.

Applications for visitor’s visa under Section 9a shall observe the following procedures, to wit:

Receiving of application with complete documentary requirements;

Verification of travel and ''derogatory records'', assessment of filing, implementation and other fees and generation of Order of Payment Slip;
Releasing of OPS to applicant;
Payment to collecting officer and issuance of Official receipt;
Approval of Extension;
Updating of records, visa implementation and document archiving; and
Release of Passport.
Checklist of Requiremenets for Temporary Visitors Visa

Valid passport of applicant: and
Tourist Visa Extension form duly accomplished (BI Form No. MCL 07-02)
Bureau of Immigration (BI) Clearance Certificate.

An alien who is admitted as a non-immigrant cannot remain in the Philippines permanently. To obtain permanent admission, a non-immigrant alien must depart voluntarily to a foreign country and procure from the appropriate Philippine consul the proper visa and thereafter undergo examination by the officers of the Bureau of Immigration at a Philippine port of entry for determination of his admissibility in accordance with the requirements of this Act.

i read in your other thread that 'you are looking to live in the philippines??
***please note that your case is complicated and ''you cannot apply'' any of these to stay permanently/reside in the Philippines:****

permanent resident visa


Foreigners who are holders of a probationary resident visa by reason of their marriage to a Filipino 13(a) can apply this visa.

**sorry,there is no same sex marriage in the Philippines Nic***


What is Special Investors' Resident Visa?

The Special Investor's Resident Visa (SIRV) is a program of the government in attracting foreign investments into the country. The program requires investors to remit at least US$75,000 into the country and invest subject capital in viable economic activities.

Who may avail of the SIRV?

Any alien, except restricted nationals under the Foreign Service Code and who meets the following requirements:

1. He had not been convicted of a crime involving moral turpitude;


read more:
http://immigration.gov.ph/index.php?option=com_content&task=view&id=25&Itemid=36
http://www.gtalawphil.com/visa_SIRV.htm



***some foreigners dont take the philippine visa seriously but i would suggest you to read/study and understand its policies http://www.immigration.gov.ph that can help you and will avoid you of any future problems...goodluck!!***

[Terpe]

...however,u can come and visit philippines 21days and extend your visa for3months and +3months and further more stay to that is not considered a holiday.

sars, this is not quite right.

Nic can get 21 days at entry,
then he will need to get 38 day extension to allow him to stay total 59 days
(21+38)

The major problem (as I see it) is that at any visa extension where he is required to attend it can get a little more complicated as there is a regulation for fingerprints and police clearance may be required (almost certainly for staying past 6 months ).
Additionally he would be subject to questions relating to a criminal background check.

If this would happen at first extension of 38 days I don't know, maybe not as a travel agent can do this one.

http://immigration.gov.ph/index.php?option=com_content&task=view&id=118&Itemid=43

[Nic]

Thank you so much for all the input so far. So very helpful. However I knew a lot of this already.

What your not reading is that I wrote to the Embassy in London and asked there advice and shown them my criminal record sheet from the Police and from that they have Black listed me already. So I wouldn't be able to visit there even for 21 days. Friends who know people who work in Philippine Immigration Manila have asked them what I can do and they say I have to clear my name. Well how can I do that for a conviction that is eight years old? It looks like there is no hope.

I want to finish by saying thank you to all of you.
My partner will have to come here.

If a conviction is spent you should be able to present a case to any country even if they require a judge to confirm the person is reformed and it cost you say a thousand dollars etc. World Governing body are struggling to work how how to patrol Globalisation - look at our country. The world is too small now for this. What difference dose it make if I walk on this patch of land or that? None! If I was that much of a concern a judge would have me locked up for life. I naturally disappointed.

Love conquers all.
Best
Nic

[sars_notd_virus]

sars, this is not quite right.

Nic can get 21 days at entry,
then he will need to get 38 day extension to allow him to stay total 59 days
(21+38)



not our problem now terpe...as philippine law is not as extensive as the us and uk ,there is a new law that has been passed 2010 called Philippine Immigration Act of 2009 http://www.senate.gov.ph/lis/bill_res.aspx?congress=14&q=SBN-3404 It confuses and amuses me even more (the law allows BI to grant extensions for up to 24months where it used to be up to 16months...in cebu after 16months a foreigner can file motion for reconsideration theres no guarantee for approval etc)the law is more complex and giving the BI more flexibility i would say ,the law allows it but it doesnt requires it ..its all completely up to the BI..
my conclusion is that it is the Philippines ,cultures etc no matter how our law is should still be respected like anybody elses.

[sars_notd_virus]

I want to finish by saying thank you to all of you.
My partner will have to come here.



Glad you found a solution to your problem Nic...goodluck again!
yes i agree, love conquers all!!!:xxgrinning--00xx3: