Hi, I wanted to bring my filipina fiance and step child to the UK legally and the 'proper' way. However, before we even started there are blocks and obstacles and additional costs. I am familiar with the free movement rights, so now we are considering: Marriage at the British embassy in Manila (both females so embassy is only option) Going to Spain While there I get some TEFL teaching work Register my EEA family at the Spanish offices (im not sure of this process will research) Teach for a term or 2 then return to the UK IS this doable? the catch is that we are planning September/October for Spain to get enough time/money to pay for everything. The urgency is in case we vote out of the EU. I am also currently applying for jobs in the EU but wondered if it was best just to go on holiday and not return?
Hi Stacey strangly if we vote to leave you will probably have a bit more time a remain vote is likely to trigger a new interprtation of regulation 9 "The main draft decision states that: ‘In accordance with Union law, Member States are able to take action to prevent abuse of rights or fraud, such as the presentation of forged documents, and address cases of contracting or maintaining of marriages of convenience with third country nationals for the purpose of making use of free movement as a route for regularising unlawful stay in a Member State or for bypassing national immigration rules applying to third country nationals.’ The Commission Declaration then states that it will make a proposal to amend the citizens’ Directive: ‘to exclude, from the scope of free movement rights, third country nationals who had no prior lawful residence in a Member State before marrying a Union citizen or who marry a Union citizen only after the Union citizen has established residence in the host Member State. Accordingly, in such cases, the host Member State's immigration law will apply to the third country national.’ That Declaration also states that the Commission will clarify that: ‘Member States can address specific cases of abuse of free movement rights by Union citizens returning to their Member State of nationality with a non-EU family member where residence in the host Member State has not been sufficiently genuine to create or strengthen family life and had the purpose of evading the application of national immigration rules’; and ‘The concept of marriage of convenience - which is not protected under Union law – also covers a marriage which is maintained for the purpose of enjoying a right of residence by a family member who is not a national of a Member State.’" http://eulawanalysis.blogspot.co.uk/2016/02/the-draft-renegotiation-deal-eu.html?m=1 Spain may be a tough nut Portugal doesnt disciminate having the same rules for Nationals as other EU Citizens August is a good time to look for English teaching for new term in Sep You may well have to spend longer than before in order to go home
Well, you as the EU have that choice. Your partner doesn't, and would therefore presumably be in Spain/Schengen Zone illegally. There is one thing which may stand you in good stead with respect to your getting married in an Embassy. According to internationally accepted protocol, an Embassy is considered to be part of the nation which it represents. i.e British soil. IF this is the case, your marriage may well be entered onto the register of marriages at the General Registry Office in Britain. If this is not the case, forget it. The Spanish are playing a great game of silly buggers at present, and insist that your marriage be registered in Britain. According to the Foreign and Commonwealth Office (FCO), marriages conducted in countries other than Britain are not entered onto a register, and never have been. This would naturally cause your Spanish visa application to be rejected. And being as there is an ongoing EU evaluation study, looking at the problem between Spain and the UK, neither will be flexible enough to help you. I would be rather less optimistic than you seem to be regarding finding TEFL jobs in Spain. There are many colleges and schools with positions vacant, but the contracts on offer are shorter and less well-paid than you might imagine, and may fall short of what you would need to establish residence in Spain.
Thats not entirely accurate Chris If they are married then the non EU Spouse and any dependent children have (for now) an absolute right to join or accompany the EU to a host country If a European Country wont comply by issuing an apropriate entry visa in a couple of weeks its perfectly acceptable and legal to obtain a holiday schengan for example and enter your country of choice at which point you can become qualified within 90 days and apply for a residence card
I could probably quote the relevant page of the 2004/38/EC Directive from memory Keith, and I agree. They would have an absolute right to a visa. Unfortunately the Spanish do not agree with you, nor I. They are insisting that the marriage be registered in the UK, which is impossible as no such register exists. You can even go and see them, bound copies of the Directive in hand (the Spanish law adoption the EU Directive is RD240/2007) and they will refuse to look at them, instead quoting the Spanish Civil Code, which confirms the requirement for a marriage to be inscribed into a register before being considered to be completely accepted as legal. And so, confused by their attitude, you will apply for a holiday visa, but unless you have compelling and irrefutable reason for returning to the Philippines, they will refuse you entry as they will doubt that you will leave the Schengen Area at the end of the visa period (return ticket or not) Keith, I have been through this for the past ten months, trying to make the Spanish see sense. Luckily the Ombudsman (Defensor del Pueblo) agrees with me that they are acting outside the law. Maybe consequently, things will change, but not until I have obtained a court judgement against them, which won't happen soon. Furthermore, residence for the Non-EU in Spain (since 2012) requires that either a) the EU partner has sufficient income to support the Non-EU b) The Non-EU has a contract of employment (long-term), earning at least 600e/month plus 300 for dependents c) Is self-employed and active, and paying into the Social Security system in Spain d) The EU has 5000 in savings plus 3200 for the Non-EU, plus 3200 for each child. Residence may be applied for at any time within the (theoretical) 90 day visa (C type), and being as the self-employed route gives discounted SSS payments of only 53 euros/month for the first 6 months, is probably the simplest way in which to qualify. As qualified TEFL teachers, it would be simple to set up as freelance tutors offering extra-curricular English classes, and working ad-hoc in schools/colleges.
Chris I am fully aware of your experience shocking (and why I said in my first post Spain may be a tough nut) I had a similarly shocking experience 5 years ago regarding the wierd requirements the Embassy came up with in the end I went for the tourist visa Once the missus arrived in Portugal it became fairly plain sailing. The first year of Self employment was free and self sufficient 4-5000 euros surficed the earnings requirements you state and savings are illegal and discrimanatory Picking your country and or being prepared in the case of Spain to pursue appeals (thats becoming increasingly needed on return to the UK) In Spain Filipinas should have accelerated rights to naturalization comming from a former colony
I actually choose Spain, as I know of someone that went over with her Thai husband and stepdaughter. Anyway the marriage itself is legally a British marriage. It is conducted at the embassy o allow same sex couples marry in countries where the marriage wouldn't be legal. Or all intents and purposes a marriage at the British embassy is a marriage conducted in the UK. It is entered into the marriage register for whichever county we choose. Which should solve problem one. I am an experienced, qualified TEFL teacher so looking in the range of 1200-1500 euro a month. Which is not ideal really but with online teaching language schools etc this can be bulked. Also I am looking at applying for other jobs in some other EU countries. We would need to prove we are returning to Thailand. We both have work permits and contracts until may next year as well as a leased apartment. Yes we will take a hit on deposits and the like but honestly I just want to leave Thailand/Asia. Thanks for all the advice guys.
That should completely solve the problem. The Spanish will accept a British marriage certificate. It would be the only certificate that you could obtain, as it is a same-sex marriage. Where in Spain do you plan to go?
Somewhere coastal, we are starting the research now. Honestly, I have never really considered living in Spain and have even visited. I know a couple of TEFL teachers out there so have been getting feedback. It is a really stressful route to take I know we need to really convince them. Have you been having a lot of problems Chris?
To put it simply, the Spanish have acted outside the law in their dealings with us. Luckily, the Defensor del Pueblo have agreed with us and are taking up the case. The Spanish consulate staff in Manila are either incompetent or racist/xenophobic, but in either event are prepared to break the law and defraud rather than perform their duties properly. I would apply for a Schengen visa through another member state. I understand that the Swedish and Germans are pretty fair when it comes to dealing with Schengen applications. We finally got our visa through Malta, after the Spanish illegally turned us down three times, plus two more appeals.
Hi Chris, Shocking disgraceful behaviour. The Thai embassy in Manila are also a complete nightmare and refused to process a visa for my step daughter total fools. Would you mind if I pm'd you?
Hi Stacey Ive been having a read through your thread and an interesting read. Something that popped out to me was you saying about getting married in the Embassy in Manila. Is that possible/have you done this now? If so how do you go about arranging this as I cannot seem to find any information on their website. I would really appreciate your guidance. Im a UK citizen and looking into the SS route through Malta due to the ridiculous UK immigration rules. I want to get married in the Phils but wondering if it would make it quicker to marry in the Embassy as i would think we would be issued with a marriage certificate on the day rather than wait months for the NSO required one to travel. Any information you ave would be much appreciated Matt
Yes British Embassy in Manila and no not a same sex marriage. I read this off the .gov.uk british embassy Manila page Marriage and civil partnerships We can issue affirmations or affidavits of marital status and, in some circumstances, perform a marriage or civil partnership for British nationals. For information on getting married in the Philippines, see getting married abroad. The link just takes you to generic general info so no further help...but it does say perform a marriage OR civil partnership.
i could well be wrong--but i thought only same sex marriages could take place at the embassy--as there is no such thing in the philippines. @OrB is the person to ask.
