Filipina trapped in the Caribbean

[pinayinslu]

Hi everyone! Was wondering if I can get helpful advice from any member of this forum...which I do hope to get because we really need it. Anyways, here's my story:

I met my English husband in England while I was on a lapsed tourist visa. We had a baby and moved to the Philippines right after I gave birth in UK. We stayed in the Philippines for about 6 years but life's been really tough on us. While in the Philippines, we had some family issue (with with my Filipino family) that's got out of hand..to the point my brother threatened to kill me.

I actually had to file a blotter report to make sure that if something happens to me, my brother should be blamed for it. Anyways, during those times my husband can't really find a good paying job in the Philippines so he sent his applications out and was offered a job here in St. Lucia.

He brought me and our daughter here in St. Lucia so we can be together and be safe from the death threats I keep getting from my brother and all the trauma he was doing to me and my daughter. We had to sell everything we had in the Philippines to cover all the expenses so me and my daughter can join my husband here.

We love it here. It's a really nice place but after a couple of years of staying here, my husband lost his job. Now, the best option for us (as far as we can think of) is to go back to England. We are trying to get my daughter a British passport now. And we were advised to apply for my settlement visa.

Our question is, will I be granted that visa because my husband is not living in the UK but he has a British passport and my daughter will be getting hers soon.

Some friends are just helping us out with the visa fee as we have very little savings. Please can any one give us advice about this matter. We really would appreciate any help. Thanks in advance

[Terpe]

Hi pinayinslu and welcome to Filipino UK :welcomex:

Sorry to learn about the issues your currently facing.

In short, the immigration journey back to UK could be challenging for you to say the least.

I can only provide some feedback based solely on the information you've shared and my understanding of that.

As it stands right now, to be granted a UK visa leading to settlement will require your husband have a job in UK and be earning a minimum income before tax of £18600

Your husband needs to show a confirmed job offer with that minimum income threshold.

Additionally you need to have suitable and adequate accommodation in UK. It's OK to stay with family but there must be no overcrowding etc.

For some background information on the needed mandatory documentation please take a look here at the forum thread called All New Guide - How to apply for a Spouse/Partner Visa (http://filipinaroses.com/showthread.php/39740-All-New-Guide-How-to-apply-for-a-Spouse-Partner-Visa)

You should also make searches here in the forum for any areas/topic of concern.

Sorry to say that many of the links will not work as UKVI has recently updated and revised the Website.

Please use this forum to get answers to any questions you will have that could help.

[Michael Parnham]

Welcome Pinayinslu, sorry to hear of your dilemma, hope you can get yourselves out of the situation you're in, good luck!

[SimonH]

Don't suppose your husband fancies a job as an English teacher does he? :Erm:

[pinayinslu]

thanks Terpe..he is looking for a job in UK but not sure about the wages though ...if my settlement visa is not applicable, our 2nd option is for me to stay here and wait but the thing is I don't particularly want to be left behind here and away from my daughter and husband for who knows how long...is there any other option you think could work for us? we're just so lost

[pinayinslu]

hi simonh, I would have thought he needs to have some sort of certification to teach english...so I dont know..how and where is he going to teach English?

[Terpe]

thanks Terpe..he is looking for a job in UK but not sure about the wages though ...if my settlement visa is not applicable, our 2nd option is for me to stay here and wait but the thing is I don't particularly want to be left behind here and away from my daughter and husband for who knows how long...is there any other option you think could work for us? we're just so lost

Sorry to be so direct pinayinslu, but please do not waste your money on a UK visa application based on your current circumstances as it will fall for refusal.
Please do take time to read the link I posted.

Without having a firm job offer at the needed income threshold of £18600 the other option for all of you to be together in UK is if you have savings of £62,000 minimum.

BTW, that income of £18,600 or savings of £62,000 do depend on your daughter having a British Passport.
With only a Philippine Passport the needed income and savings will be at a higher level.
So it is important to get that issue sorted out asap.

If, as a family, you decide to set upon a strategy of your husband returning to UK to seek employment, then do be aware that he would need to secure employment at the needed income of £18,600 minimum for at least 6 months before you would be able to make visa application. He would need to be able to offer suitable and adequate accommodation.

There is also one other option available.
This is commonly called the EEA-Route and would involve re-locating to an EU country for a period of say 3 months. Employment would be needed but nothing special.

I'll post further details on this with links to up-to-date forum threads for your review.
In short after having spent a few months in an EU member country you ALL would be eligible for transfer to UK without the need for any costly settlement visa. It's free.

It might sound a tough decision but I believe you should very seriously consider it.
Please keep an eye to this thread I'll post more detail later.

[SimonH]

hi simonh, I would have thought he needs to have some sort of certification to teach english...so I dont know..how and where is he going to teach English?

Sorry pinayinslu, I was referring to a another topic here:-

http://filipinaroses.com/showthread.php/51342-Job-opportunities-for-teachers!!!

Thought it may be an option for you :smile:

[grahamw48]

I was in a similar situation before I returned from Hong Kong to the UK with my family.

Though my wife had a settlement visa for the UK, my two stepchildren did not, so I had to go through the full process for their visas.

You simply need to follow Terpe's excellent and accurate advice. The only thing that might be worth considering in addition, is that your husband's previous employment and salary details for the past 6 months in St.Lucia MAY have been taken into account, if going from one job there straight into another one in the UK (obviously with a proper offer in writing with salary details etc).

Get that British passport for your child ASAP !

Anyway, I went on ahead and sorted my employment and accommodation out first BEFORE the visa applications went in. Only meant we were apart for a couple of months.

The EEA-Route is well worth considering too, as mentioned, if you just need to move on SOMEWHERE, then on to the UK later. :xxgrinning--00xx3:

[Terpe]

Sorry for the delay in getting back to you with the 'EEA-Route' option.

The basis of this option rests on EU Regulations of Free Movement.

Please click on this link called Free movement for EU citizens and their non-EU family members (http://eumovement.wordpress.com/directive-200438ec/)

There's not a lot to read and most is explain early on. I include this just to give you a basis on the regulation.

You'll need to decide which EU country you want to go to and also how to support yourself. Might be better to consider those countries where English is widely spoken (eg Ireland)

Getting settlement entry to an EU country (outside of UK) for the non-EEA spouse of a British citizen is not too difficult and has some very attractive advantages such as having little overall cost and quite a fast 'application-to-decision' time.

Once your husband has 'established' himself in another EU country those rights can be extended to you and your daughter (with or without UK passport) and you'll both be able to apply for visa's to join him.
I wouldn't suggest all travelling together without accommodation and finance as it could get quite expensive until your husband secures some employment.

There's still some significant rules to comply with though before you'll be able to secure entry clearance to the UK.

Firstly, you will need to provide sufficient evidence of actually residing there (your EU country of choice) as a married couple.
Secondly you will need to provide evidence of your husband being either employed or self-employed there. (or self-sufficient in some cases)

You can then make an application under European law for a UK Family Permit.
This is essentially free of charge, and free from the onerous conditions set by standard UK Immigration rules (including the financial requirement and English language Test)
You only need to demonstrate that you are married under law and your EEA national husband has been in properly established employment or self-employment.

Now, the question is how long you need to remain in the EU country before coming to the UK.
There are no hard and fast rules, however the UK has recently updated what it's view is. I'll post more on this later but current best guess is say 6 months.

Once you have secured UK entry clearance by way of the UK Family Permit you are free to come to UK and apply for a 5 year Residence Permit.
It's not a legal requirement but I strongly suggest doing it as it helps to formally establish your residency and immigration status
After a 5 year period you'd be eligible for application for Permanent Residence (same as ILR) After 1 year PR you are eligible for application of British Citizenship.

You might find it helpful to click this link on how to Apply for an EEA family permit (https://www.gov.uk/family-permit)

I honestly believe this option will appeal to you given your current circumstances. Many UK citizens have taken this path without any problems.

Have a family discussion and think carefully about which EU country would be best for you to use as your 'springboard base'

Hope this helps in you thinking.

Please don't be shy to ask questions about any of the options briefly outline in this thread

[pinayinslu]

Wow! That's really the answer we are looking for. Thank you very much!!!

My husband is actually thinking of getting a job in Ireland just before I posted in the forum. We are going to read everything you mentioned and will definitely get back here for more questions.

Thank you very much, We really appreciate your advice.

[milesaway1113]

Hi pinayinslu. just wondering if your husband is a teacher?

[pinayinslu]

milesaway1113, My husband has worked in the Casino industry for the last 20 years.

[gWaPito]

Hi pinayinslu. just wondering if your husband is a teacher?

I'm a truck driver if that's any good :biggrin:

[pinayinslu]

Was wondering, we might have missed it so please do correct me, can't we directly apply for an EEA Family permit to go to UK?

[Terpe]

Was wondering, we might have missed it so please do correct me, can't we directly apply for an EEA Family permit to go to UK?

No that's not possible.
An EEA family permit is to allow you to either accompany or join your partner as long as your partner is an EEA National..... but a UK national.
British citizens are not considered EEA nationals for the purposes of the European rules relating to exercising treaty rights in UK.

Your husband must excercise treaty rights outside of UK

[pinayinslu]

Ok I understand. Thank you for the clarification. Would you know if we can go to Ireland even if my husband don't have a job offer yet but I will?

[Terpe]

Ok I understand. Thank you for the clarification. Would you know if we can go to Ireland even if my husband don't have a job offer yet but I will?

Ireland is not part of the Schengen zone (so Schengen Visa not possible) but Ireland is part of the EU and so comes under the Freedom of Movement directive. It does have slightly different forms to complete compared to other EU countries.

In principle you husband does not need to prove employement. But he must secure employment at some point (preferably within 3 months of arrival) in order to comply strictly with treaty rights.
The fact that you yourself may or may not have employment does not count in connection with EU freedom of movement/treaty rights. However it can only be a good thing in the practical sense of actually managing to survive financially.

I do think the the EEA route is ideal for you both.
Ireland is a pretty good choice.....but please do review the Irish requirements for the needed visa for non-EEA nationals.

Take a look here at this link (http://www.inis.gov.ie/en/INIS/Pages/Join%20Family#NON_EEA_Family_Member_of_EU_Citizen) it should provide good info :xxgrinning--00xx3:

[grahamw48]

So is the partner of the EU resident (ie ME) only going to be issued with a 3 month single entry visa (to Ireland)...should I decide to bring my partner there ? :Erm:

I have lots of relations in Ireland, so had been considering this. Or should I take up that offer of a Ski Instructor job in France instead ? :cwm25:

[Terpe]

So is the partner of the EU resident (ie ME) only going to be issued with a 3 month single entry visa (to Ireland)...should I decide to bring my partner there ? :Erm:

No Graham....I was just highlighting that technically the EU national needs to be employed (or self-employed) to be recognised as exercising treaty rights, otherwise UKVI will get crusty and not issue a Family Permit.

The EU national can stay in Ireland for 3 months without any restrictions.
Technically, if you want to stay longer without employment then you'll need to have sufficient resources and sickness insurance to ensure you're not becoming a burden on the social services of Ireland.

Without labouring the point, the objective is to convince UKVI that you have reached sufficient status to be considered as exercising treaty rights. Under normal circumstances this would mean being employed or self employed

[grahamw48]

Thanks. :xxgrinning--00xx3:

Ok, so if I go and work in Ireland and wish to bring my partner over on a fiancee or spouse visa...to Ireland, would that be an easier route for us, as well as cheaper. I'd be interested in your general opinion on this, and possible pitfalls. (Just thinking ahead and covering all bases. At the moment I should be able to meet all UK requirements, but who knows...a year or two down the line. ).:smile:

Seems I've left it too late to claim Irish citizenship through Grandma, incidentally.

[pinayinslu]

ok thank you terpe for the quick response!

[Terpe]

Thanks. :xxgrinning--00xx3:

Ok, so if I go and work in Ireland and wish to bring my partner over on a fiancee or spouse visa...to Ireland, would that be an easier route for us, as well as cheaper. I'd be interested in your general opinion on this, and possible pitfalls. (Just thinking ahead and covering all bases. At the moment I should be able to meet all UK requirements, but who knows...a year or two down the line. ).:smile:

Seems I've left it too late to claim Irish citizenship through Grandma, incidentally.

You could very easily bring her or have her join you in Ireland as spouse.

You'd find it quite tricky if you weren't married.......unless you had been living together in a relationship akin to marriage for 2 years.

That route means it's basically free (visa wise) with minimal paperwork (basically just marriage certificate), no finances, no English Language test etc

If you ever wanted to return to UK with a Family Permit you wouldn't even need to have a job set up.

Being Irish wouldn't help.
You can't be exercising treaty rights in a country of which you are a citizen.

If you're seriously considering it please do Take a look here (http://www.inis.gov.ie/en/INIS/Pages/Join%20Family#NON_EEA_Family_Member_of_EU_Citizen)

[grahamw48]

Thanks Peter...been thinking about visiting/living in the land of the ancestors for quite a few years now.

I'll take a look at your link. :xxgrinning--00xx3:

Better get this done before my party votes us out of the EU. :biggrin:

[Terpe]

ok thank you terpe for the quick response!

You're welcome.

BTW we have a member here who has just this week been granted the same for his wife to go to Ireland.

Here's the thread (http://filipinaroses.com/showthread.php/50036-With-luck) please take a look.

It's worth reading from the begining to get that understanding of his starting point

[pinayinslu]

If we go to let's say Spain live and work there for few months, will I have a problem with regards to English language? ..once we decide to go back to UK and me apply for EEA Family permit?

[Terpe]

If we go to let's say Spain live and work there for few months, will I have a problem with regards to English language? ..once we decide to go back to UK and me apply for EEA Family permit?

Not sure exactly what you have in mind.............in terms of English Language Testing the EEA route does not require any.

When you decide to go to UK with your Family Permit you will not need to submit to English Language Testing or Life in UK Testing until such time as British Citizenship application.


Does that clarify any concerns pinayinslu ?

[Jack1969_uk]

Have you thought about the Surinder Singh route Via Ireland you could move there stay there 3 months and then come to UK its a option you should look into that way you can travel and stay together

[Terpe]

Have you thought about the Surinder Singh route Via Ireland you could move there stay there 3 months and then come to UK its a option you should look into that way you can travel and stay together

That's exactly what's being discussed here Jack :xxgrinning--00xx3:

Sadly, with the recent UKVI ammendments it's a bit more involved than just waiting for 3 months......

[grahamw48]

This may be of interest:

http://www.legislation.gov.uk/uksi/2013/3032/pdfs/uksi_20133032_en.pdf

[pinayinslu]

Yes Terpe , thanks for the clarification :)

[Terpe]

This may be of interest:

http://www.legislation.gov.uk/uksi/2013/3032/pdfs/uksi_20133032_en.pdf

Hidden amongst all the words the recent ammendments from UKVI.
The official Explanatory Note states that Paragraph 5 of the Schedule replaces the existing regulation 9 of the 2006 Regulations to require a British citizen to have “transferred the centre of his or her life” to another member State in order to acquire a right of residence in the UK for his or her non-EEA family member seeking a right to reside in the UK upon their return. Factors relevant to whether the centre of a person’s life has been transferred to another member State include the period of residence in that member State, the location of that person’s principal residence, and the degree of integration.
These changes are to ensure that a British citizen engages in genuine and effective use of the rights conferred by Directive 2004/38/EC before a right to reside in the United Kingdom is conferred on a non-EEA family member.

To make any meaningful predictions on this would need a pretty good understanding on caselaw thinking in connection with -

- Surinder Singh Case
- Akrich Case
- Metock Case
- Eind Case
- Prinz and Seeberger cases

In principle it means that on a balance of probabilities:-

- The principal residence must be considered to have changed to an EU country.
- Fully complying with local residence formalities in the EU country of work.
- Demonstrating a fair degree of integration such as:-
- cohabiting with close family members
- being genuinely employed there
- Demonstrating social and economic factors such as paying 'national insurance' and income
tax in the country of work in additiona to other circumstances.

Just a personal view....but I no longer feel secure to advise anything less than 4-6 months residence.
Of course 3 months residence may be well worth a gamble......just as long as the applicants understand that all it is .....'a gamble'

BTW, just taking that route solely as a means of making a way into UK is not considered to be outside of EU regulations.

It remains a highly attractive route to those who are able to do it

[grahamw48]

The way I interpret it, in simplified form, is that I, as the British citizen, need to move my home and mailing address to let's say, Ireland, find work there preferably full-time PAYE employment, paying my local income tax and national insurance, and live there in that home and attending that work for at least 6 months, preferably more.

A quick search on the internet yesterday revealed that several jobs that I'm qualified to do are being advertised in Ireland right now. :Erm:

[fred]

The way I interpret it, in simplified form, is that I, as the British citizen, need to move my home and mailing address to let's say, Ireland, find work there preferably full-time PAYE employment, paying my local income tax and national insurance, and live there in that home and attending that work for at least 6 months, preferably more.

A quick search on the internet yesterday revealed that several jobs that I'm qualified to do are being advertised in Ireland right now. :Erm:

Yes..Sounds pretty straight forward to me too.. If you want to live in the UK with your foreign spouse then this is the way to do it!!
Stuff paying all those rip off British visa fee`s and having to earn or declare 18,600 Quid as a local tax payer!!

[grahamw48]

I'll look into it after I come back from my trip in May. :xxgrinning--00xx3:

I wasn't too keen on bringing Mercedes here originally, but at my age...putting my sensible head on. :cwm25:

[pinayinslu]

okay, got it...thank you loads terpe and all ..my husband sent out loads of applications ..we hope to hear something soon... this forum is a wonderful site for great info...really appreciate your help...terpe! if we ever will have a chance to meet we'll buy you a drink! :smile: