Hi there guys, Im a new member in this site...I know ur all from UK here and uk embassy in phils has a different rules and guidelines compared to the norway embassy ...i hope u could help us enlighten a bit regarding our situation at the moment... we would really appreciate to hear ur opinion guys.
We applied for visitor/tourist visa last august (1 month processing) got approved and i went here last week of sept..my visa will expired on dec 22, which its the 90th day...last monday, me and my husband went to the local police station here to ask for a guarantee form for residence cuz im going to be needing it to apply for entry visa when i get back to philippines(entry visa is 3 to 4 months of processing where u can apply for residence/work permit here in norway permanently) .
But the filipina staff and the other norwegian woman staff in the police station both told us that 'I DONT HAVE TO GO BACK TO PHILS, since she said, there is a new rule in the UDI or norwegian directorate of immigration (http://www.udi.no) that came out last october 1, stating that since im married already to a norwegian citizen in the philippines, i can now apply for a first time residence or work permit... and she even gave us copies of the application form. they advised me to stay and apply for it now.
We were very confused so they called the immigration officer in utlendingskontoret ( Government Alien's Office- a branch of UDI ) again in alesund city, and the immigration officer there said the same thing again that since im married to a norwegian already in the philippines, then its possible for me to stay here longer and apply for the other visa now even if im just using tourist visa and it will expired on dec 22nd.(BUT THEY SAID, IF WE ARE NOT YET MARRIED AND PLAN TO GET MARRIED HERE IN NORWAY, THEN ITS NOT ALLOWED FOR ME TO APPLY FOR ANOTHER VISA AND I HAVE TO RETURN TO PHILS TO FILE ANOTHER APPLICATION ) but they said, since me and my husband are already married, then its no problem.
We really want to believe her cuz shes one of the people who decides the approval of residence permit, entry visa, family reunification visa etc.. in the Government Alien's Office or utlendingskontoret ( a department branch of UDI or the norwegian directorate of immigration) and she said just to calm or relax us, she said she will ask another department about our case just to make sure that what they are saying in the police station are all correct and the embassy is wrong.. she then asked for the number of my husband so she can call back and after few mins, she called and sounded very sure that i can stay longer here in norway and can apply now for residence permit..she said i dont have to go back home to phils, since im married already to a norwegian citizen in my home country and therefore, has the right to stay here and apply and wait for the result of the other visa.
So what we did, we checked the udi and norway embassy website if theres really a new rule..we found in UDI this : (theres really a new rule that came out oct 1 but it says differently/opposite from what the local police station and the Government Alien's Office is claiming)
**CHANGES IN THE PERMISSION TO APPLY FOR FAMILY IMMIGRATION IN NORWAY:
There has been changes in the immigration regulations section 10 paragraph 2 with effect from 1st. october 2006. The changes concern the exceptions from the main regulation that a work permit or a residence permit must be granted before entry into Norway.
VISITORS VISA AND FAMILY IMMIGRATION
It is no longer possible for applicants' in Norway on a visitors' visa to apply for family immigration with their spouse or cohabitant when they are on a visit in Norway. The visitor who gets married in Norway whiles on visit and wishes to live in Norway together with his/her spouse must now return to their country of residence and apply for family immigration from there. ***
We really are deeply confused. My husband also emailed twice already the norway embassy in the philippines and the head of the visa section namely Wenche Rose Finstad replied twice and she said that Im not able to apply for another visa while on tourist and i should not be staying longer than 90 days...We told Wenche that we are married already in Philippines and the police station in our place and the Government Alien's Office (utlendingskontoret) in alesund city said that i can stay longer and apply for another residence permit now and I dont have to return to Philippines even if my visa expires and I can just wait for the result of the application here in norway... the police station also said that the embassy might not be updated with this new rule yet.
Im just so scared and worried. We dont know who to believe---the norway embassy or the immigration officer here.. Im leaving on dec 17th cuz my ticket is roundtrip and my visa will expired 22nd of december and yet we dont know what to do now...I dont know who is correct and telling the truth and who is not updated with the rule. We dont want to make mistakes now since I dont wanna stay here illegally and I dont wanna be thrown out of this country because my tourist visa expired and im still living here. I cannot risk to be blacklisted if the embassy was right and the police station and the Government Alien's Office ( utlendingskontoret)here are wrong. My husband will be leaving back to work to the ship on monday and he will be gone for a month so we were just doing our best now to know and do everything that is proper to the law and wil not make me an illegal alien.
I just dont understand why Wenche Rose Finstad, the head of the visa section in the norway embassy keep insisting that I should go back in PI when my 90 day tourist is over and that, I can only apply for another visa in my home country, phils, and she insist im not allowed to apply it here. Shes the one deciding who should be approved and denied in the visa (u can see her signature in the visa of ur passport if ur approved) and yet , its confusing that she doesnt know about this new rule??? I wonder why??? I dont really know who to believe and who is saying the truth and who is correct..It was just so ironic. The Government Alien's Office or utlendingskontoret and the police station said the new rule was effective october 1 2006, How come the norway embassy in manila doesnt know about it? Is that possible to happen?
I know ur embassy in UK in phils is a lot different from us but i also used a schengen application for my tourist visa last august...Pls tell me ur opinion about it guys..who do u think is right and saying the truth?
Thank you so much for reading. Hope to hear from u guys soon.
Sincerely,
MrsTarb