which route to take for my Filipino spouse, I am UK citizen.

[andy and ann]

Hi All,

I have searched throughout and have not found any answers. We would be grateful for anybody to take the time to read this and advise us on the route to take.

I met my wife in February 2008 on skype, but we only have proof of email from July 2008. I came to The Philippines on October 7 2008 and I have been living with her ever since that time. We were married on March 15 in a full white wedding. We have numerous hotel bills with both our names from the time that I came here. After I came here I asked my wife (to be) to leave her job and she threw away a good career to be with me. Unfortunately, I believe now that it would have been much easier if we had decided to get married in the UK. After selling my house in 2006 I went to live in Bulgaria for 18 months and have only been back in the UK for holidays. So I have had no income for 2 years, just been living off the profit from my house sale. I was under the impression that we could apply for a tourist visa and then get that changed to residency.

So where to go from here? I am totally confused about what to do.

I have 12,000 UK pounds left. We are able to live with my parents who are in a 4 bedroomed tied cottage.

After countless hours of research I have come to the conclusion that the only way forward would be for me to leave here alone and try and find a place to live and a job ( which won't be easy in the current climate). Therefore it could take 6 months before she is able to come to the UK.

Any advice/suggestions would be gratefully recieved.

I am 37 and my wife is 28.


Many thanks for the help.

[Casa]

You may get well get away with applying for a settlement visa from there with your £12,000 savings, for you both to return together. A job offer would help if you have any contact in the UK who would supply this in writing. You can live with your parents, but in the application you'll have to submit a letter from them confirming this and either a copy of their deeds (if owned outright) or a copy of their mortgage agreement. If rented, a letter from the landlord agreeing to you living there. You'll also have to proved proof that the accomodation won't be overcrowded...how many rooms, size, and how many people will be living there.
Edit: Sorry notice that your parents live in a tied cottage...so a letter from the landlord.

[andy and ann]

One further note, to save me trying to get my head around it...

Is it possible for me us to apply for the EEA residence card? My understanding after reading it a few times is that it is only valid to European Nationals who are not from the UK?

If I am mistaken then I believe it would be very easy to get a tourist visa and then an EEA?

many thanks in advance.

[Casa]

If you're British, then you can't apply under EU regulations for an EEA permit.
Unless you'd been living and working or studying in another EU state. i.e not the Philippines.
If you applied for a vistor visa (tourist) you wouldn't be able to switch to spouse from within the UK...your wife would have to return to the Phillipines to apply.

[Wanderer]

One further note, to save me trying to get my head around it...

Is it possible for me us to apply for the EEA residence card? My understanding after reading it a few times is that it is only valid to European Nationals who are not from the UK?

If I am mistaken then I believe it would be very easy to get a tourist visa and then an EEA?

many thanks in advance.

No - it;s only for EU citizens currently living and working in another EU state - which u have done but it won't apply in ur current situation as u r not doing it now.

[andy and ann]

Thanks a lot everyone for your replies! I have been having a good think about it all with the wife. I think what would be a good idea would be to take her to the UK on a tourist visa and then return here with her and then apply for the residency visa.

Is it possible to apply for a residency visa at the same time? I mean before the tourist visa has run out? Stupid question I know, but worth asking if you don't know!

Thanks very much once again for your help!

[ciaramc]

I very much doubt you can apply for both a the same time! As she will be travelling on a visit visa it will be suspicious to the IO!

Plus I think you are better off just getting the spouse visa as the fee's are quite expensive in the UK???

[Casa]

Your wife can't apply for a spouse visa (what you call a residence visa) from within the UK while she's there on a visitor visa....as I believe I said in my previous post. Can only be applied for from the Phillipines.

[andy and ann]

I would just like to thank everyone for their help, it is VERY much appreciated!

We have decided to apply for the tourist visa and submitted it today. We will then come back to The Philippines after a few months and apply for the residency visa as I believe that we would have a much better chance of getting it.

I will let you all know how we get on, as I am sure it would be useful for future reference for people.

Thanks once again all!