# Entry Exemption Certificate



## Jaijav15 (Jul 20, 2021)

Greetings,
I am a UK citizen, who resided in the Philippines for 3 years. I am not married, however I do have two children (aged 4 and 2) with my Filipina partner. 

I had to leave the country in November due to my visa reaching its limit of renewals, and as per the covid restrictions, I had to go back to the UK. Since returning to the UK, I have been told by the embassy that I need to secure an entry exemption certificate from the DFA, to be able to get a visa to return. 

I tried to secure this by writing a letter outlining the fact that my family and my life has been built in the Philippines, I have a business and of course my wife and two children. I explained the emotional distress that we are all under, having my children growing up without their father. Plus how difficult it is for my partner who cannot even take the kids shopping with her, due to the quarantine rules. I also explained that once I return I have no plans on leaving again, at least until my visa expires again 3 years after my entry.

I was told that my reasons for returning were not strong enough. 

So my question, to those in the know.
What do I need to be telling the embassy to get them to endorse my request for an entry exemption certificate from the DFA?

I cannot explain how difficult it is, being apart from my family, especially my children. If any one can help with suggestions of what I need to do to to get back to them. Any loopholes, or ideas on what would qualify as strong enough reasons to need to get back will be gratefully received. 

Thank you in advance.

Yours, James


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## Jaijav15 (Jul 20, 2021)

By the way I have been fully covid vaccinated, 2 shots of the Pfizer vaccine here in the UK


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## art1946 (Nov 30, 2017)

hey Jaijav15

If the embassy will not give you an EEC after you have told them you have children in the Philippines, then I don't know what else you can tell them to get the EEC. How much stronger ties does a person need then children without a father there? I am at a lost to tell you it might be hopeless trying to get the Philippine government to understand your situation. they do seem to not listen to the hardships of the foreigner. Until this virus is over, I think you might be left in the UK. I lived in the Philippines for over a year. I can't get back in there.

I hope you figure it out.

art


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## Jaijav15 (Jul 20, 2021)

art1946 said:


> hey Jaijav15
> 
> If the embassy will not give you an EEC after you have told them you have children in the Philippines, then I don't know what else you can tell them to get the EEC. How much stronger ties does a person need then children without a father there? I am at a lost to tell you it might be hopeless trying to get the Philippine government to understand your situation. they do seem to not listen to the hardships of the foreigner. Until this virus is over, I think you might be left in the UK. I lived in the Philippines for over a year. I can't get back in there.
> 
> ...


Art, thank you for your reply. 

If that is the situation, then not much I can do. But I shall not cease to try, I cannot. My kids are growing up without me, and I am tormented daily by the knowledge that my kids need me and I need them. Not to mention that our business is going down the shoot. This is a waking nightmare.

If anyone else has any suggestions, no matter how outlandish or unlikely, please let me know. 

Yours, James.


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## Hey_Joe (Sep 13, 2016)

Jaijav15 said:


> Art, thank you for your reply.
> 
> If that is the situation, then not much I can do. But I shall not cease to try, I cannot. My kids are growing up without me, and I am tormented daily by the knowledge that my kids need me and I need them. Not to mention that our business is going down the shoot. This is a waking nightmare.
> 
> ...


You may have raised Red Flag issues by stating that you have a business in The Philippines (working) while here on a 9a Visa. I read all the time in the newspaper/online foreigners being arrested/deported on 9a tourist visas for working.

What was their official denial statement?

Have you considered the services of an Immigration attorney in your country or a Visa agency like this?
https://www.scottsvisas.co.uk/philippines

These are the EED requirements for your situation. This is from Singapore, PI - UK consulate doesn't list the requirements

*FOREIGN PARENT OF A MINOR FILIPINO NATIONAL*
1) Duly-accomplished visa application form
2) Copy of applicant’s passport
3) Valid Singapore-issued identification card/pass
4) DFA-Apostillized Philippine Statistics Authority (PSA)-issued Birth Certificate with PSA official receipt (with the name of the applicant indicted as parent)
5) Copy of child’s Philippine passport, if applicable
6) Copy of partner’s Philippine passport
7) Notarized letter of request by the Filipino partner
8) Proof of financial capacity (3months bank statement)
9) Flight itinerary/reservation (please do not purchase a ticket yet)
10) Barangay Certificate certifying that the Filipino child and partner are currently in the Philippines
11) Filipino partner and child’s complete address and contact number in the Philippines
SOURCE: Request for Entry Exemptions (Familial Ties) : Embassy of the Philippines in Singapore


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## Hey_Joe (Sep 13, 2016)

Jaijav15 said:


> Greetings,
> I am a UK citizen, who resided in the Philippines for 3 years. I am not married, however I do have two children (aged 4 and 2) with my Filipina partner.


This could also be a Red Flag issue. You stated you have a 4 year old child but you only lived their for 3 years. (Unless you could prove that you visited as a tourist prior to the 3 year period.)


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## Jaijav15 (Jul 20, 2021)

Hey_Joe said:


> This could also be a Red Flag issue. You stated you have a 4 year old child but you only lived their for 3 years. (Unless you could prove that you visited as a tourist prior to the 3 year period.)


My son was born in July 2017, I left the country shortly after, in September, and returned in November 2017, which is why I had to leave in November 2020.


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## Jaijav15 (Jul 20, 2021)

Hey_Joe said:


> You may have raised Red Flag issues by stating that you have a business in The Philippines (working) while here on a 9a Visa. I read all the time in the newspaper/online foreigners being arrested/deported on 9a tourist visas for working.
> 
> What was their official denial statement?
> 
> ...


This is from the UK Philippines embassy website, regarding who is eligible to enter the Philippines:

Filipino citizens with a valid Philippine passport
Filipino citizens who are dual citizens under Republic Act 9225, provided they are able to present an Identification Certificate as proof of recognition as a Filipino citizen or as proof that they have reacquired Philippine citizenship under RA 9225.
Foreign nationals allowed entry under the Balikbayan Program (RA 6768), provided they are nationals from non-visa required countries under EO 408:
Former Filipino citizens, together with their foreign national spouses and children, regardless of age, who are travelling with them;
Filipino citizens' spouses and children, regardless of age, who are travelling with them

Foreign nationals with valid and existing visas at the time of entry such as holders of valid and existing Special Resident and Retirees Visa (SRRV) or 9a Visas, provided they present, upon arrival, an entry exemption document issued by the Department of Foreign Affairs in Manila 
Note the stipulation that family members must be travelling with me for me to be able to return.

The business is a farm, all in my partners name, she has a TIN number, so pays her due tax. Were questions to be asked in regards to my involvement, I am an unpaid helper. I officially receive no revenue at all, it all goes through my partners name. I also did some online tutoring, for which I applied for and received my own TIN number, the company deducts tax from my earning automatically. 

This is the message they sent me regarding my recent denied application:

Dear James,

Per assessment by the Visa section of the Embassy, your request for Embassy's endorsement could not be processed at this time due to lack of merits on the urgency of your travel to the country. However, you may try to file your request for the processing of an Entry Exemption Document ( EED) with the Philippine Department of Social Welfare and Development ( DSWD), the focal Philippine National Government Agency ( NGA) who may be able to assist you on the matter. 

I sent the documents to the DSWD as suggested, maybe 2 months ago, as yet I have had no reply.

I will take into consideration your suggestions regarding the business. 

Thank you for taking the time to send your suggestions, I appreciate it.

Yours, James


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## Jaijav15 (Jul 20, 2021)

Hey_Joe said:


> This could also be a Red Flag issue. You stated you have a 4 year old child but you only lived their for 3 years. (Unless you could prove that you visited as a tourist prior to the 3 year period.)


For reference, this is the cover letter I sent with the application: 

*Addressed to The Consul General of the Philippines Embassy in London, UK.*​




Dear Sir,





I am writing to request an emergency entry exemption certificate, so that I may receive a visa to renter the Philippines.





Until November 2020 I was a permenant resident of the Philippines, having been living with my partner of 8 years, with whom I started a family. I have two children, Jaidyn Tuico Croft, who will be 4 years old in July, and a two and a half year old daughter, Javannah Tuico Croft.





My visa to remain in the country expired in November 2020 and I was forced to return to the UK to renew it. The Philippines has been off limits to people to enter from the UK ever since.





I wish very much to be reunited with my family. My children need me and I need them. It is inhumane to keep a father away from his kids, especially when they are at such a young age. This situation is causing my family and myself untold emotional distress.





Since returning to the UK I have had both my Pziser covid vaccination injections. I will of course follow the protocols for quarantine and testing upon arrival in the Philippines.





I wish to stress that I am in no way 'merely travelling to visit family'. My entire life for the past 5 years has been set up in the Philippines. My partner has a business which she needs my help with, I tutor online from our house, I have a TIN number and contribute to the economy. I dont wish to visit my family, I wish to reunite and remain with them. I will not be leaving the country once I return, I will stay with my partner and children for as long as I am allowed to remain. All my life is in the Philippines, I was a very important aspect of my childrens lives, and one day they woke up to find I was not there. I need to get back to them.





My partner, Marijoy, is on the verge of suffering from exhaustion, with the sole responsibility of looking after the children, running the house and trying to keep our business afloat. This is the work of two people, and she has been expected to do it all, alone, for the past 8 months. She has no family local to her, no help or support of any kind. If I am denied the right to return, my partners health will suffer. We are in no position to deal with emergencies. If something was to happen to her, what would become of my children? They would most likely have to be moved to a different city, to be cared for by people they have never met. My son, Jaidyn, has autism and requires quite specialist care. Were anyone other than my partner or myself have to care for them, he would suffer hugely. On top if this, our business would collapse, leaving us in an extremely vunerable situation.





Please allow me to be with my family, by the Grace of God.





Yours Hopefully,


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## Crawford (Jan 23, 2011)

How were you a permanent resident when, even after spending 8 years in an out of the country and having 2 children, your visa expired and you had to return to the UK to renew it!
That's not a permanent resident; and as someone else has said how are you working while on a 9a visa?


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## Hey_Joe (Sep 13, 2016)

Jaijav15 said:


> For reference, this is the cover letter I sent with the application:
> 
> *Addressed to The Consul General of the Philippines Embassy in London, UK.*​
> 
> ...


Resubmit & appeal.

In your letter/application Quote THE FAMILY CODE OF THE PHILIPPINES as the basis for your appeal and rationale.

There is alot you can quote. Some examples.............

TITLE III RIGHTS AND OBLIGATIONS BETWEEN HUSBAND AND WIFE

Art. 68. The husband and wife are obliged to live together, observe mutual love, respect and fidelity, and render mutual help and support. (109a)
Art. 69. The husband and wife shall fix the family domicile. In case of disagreement, the court shall decide.

The court may exempt one spouse from living with the other if the latter should live abroad or there are other valid and compelling reasons for the exemption. However, such exemption shall not apply if the same is not compatible with the solidarity of the family. (110a)
Art. 70. The spouses are jointly responsible for the support of the family. The expenses for such support and other conjugal obligations shall be paid from the community property and, in the absence thereof, from the income or fruits of their separate properties. In case of insufficiency or absence of said income or fruits, such obligations shall be satisfied from the separate properties. (111a)
Art. 71. The management of the household shall be the right and the duty of both spouses. The expenses for such management shall be paid in accordance with the provisions of Article 70. (115a)
Art. 72. When one of the spouses neglects his or her duties to the conjugal union or commits acts which tend to bring danger, dishonor or injury to the other or to the family, the aggrieved party may apply to the court for relief. (116a)

Chapter 3. Effect of Parental Authority Upon the Persons of the Children 
Art. 220. The parents and those exercising parental authority shall have with the respect to their unemancipated children on wards the following rights and duties:


(1) To keep them in their company, to support, educate and instruct them by right precept and good example, and to provide for their upbringing in keeping with their means;

SOURCE: THE FAMILY CODE OF THE PHILIPPINES : Executive Order No. 209 - FULL TEXT - CHAN ROBLES VIRTUAL LAW LIBRARY


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## Hey_Joe (Sep 13, 2016)

Crawford said:


> How were you a permanent resident when, even after spending 8 years in an out of the country and having 2 children, your visa expired and you had to return to the UK to renew it!
> That's not a permanent resident; and as someone else has said how are you working while on a 9a visa?


I noticed that as well. my ACR - 13a states "Permanent Resident"

He should have stated that he "resided in" and state whatever his ACR card/(9a Visa) indicates.

Online tutoring is work, similar for what's getting all the Chinese deported for online gambling work.

the Chinese nationals violated the conditions of their stay as tourists for working without proper work permits 
SOURCE: 75 Chinese involved in illegal online gambling deported


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## bidrod (Mar 31, 2015)

Should have applied for a 13a a long time ago, then the 3 yr requirement would be invalid!

Chuck


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## Hey_Joe (Sep 13, 2016)

bidrod said:


> Should have applied for a 13a a long time ago, then the 3 yr requirement would be invalid!
> 
> Chuck


And he could legally work with the 13a.

Some though can't apply, i know a guy who has epilepsy and can't, uses the 9a.


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## bigpearl (Jan 24, 2016)

The OP is not married so can't secure a 13a, the best choice around if you can or want to marry. As for running a business I'm sure the OP is more aware now that is a no no on a 9a and should read in his application perhaps "my lady runs a business and I need to look after our children and support my family emotionally and physically be there to assist the future of our children" Perhaps "and contribute to the people and country"

James I do hope things work out for you so you can reunite with your family.

BTW, welcome to the forum.

Cheers, Steve.


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## M.C.A. (Feb 24, 2013)

Jaijav15 said:


> Art, thank you for your reply.
> 
> If that is the situation, then not much I can do. But I shall not cease to try, I cannot. My kids are growing up without me, and I am tormented daily by the knowledge that my kids need me and I need them. Not to mention that our business is going down the shoot. This is a waking nightmare.
> 
> ...


Hi James and Welcome to the Forum, were you on the forum before? I remember someone in the same situation but I think he went by the name JDavid working here teaching online schooling.

Is there an option for marriage, could she leave the kids with family and come to the UK or possibly another country and then you guys marry? if so you would want to start there and get all your original documents, I wish you the best and let us know if you need certain documents with a 13a Visa, ect.. we could help there.


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## bidrod (Mar 31, 2015)

bigpearl said:


> The OP is not married so can't secure a 13a, the best choice around if you can or want to marry. As for running a business I'm sure the OP is more aware now that is a no no on a 9a and should read in his application perhaps "my lady runs a business and I need to look after our children and support my family emotionally and physically be there to assist the future of our children" Perhaps "and contribute to the people and country"
> 
> James I do hope things work out for you so you can reunite with your family.
> 
> ...


 I get confused when people refer to their wife but are not married!

Chuck


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## Hey_Joe (Sep 13, 2016)

Jaijav15 said:


> I have a business and of course *my wife* and two children.





bidrod said:


> I get confused when people refer to their wife but are not married!
> Chuck


Me too. LOL


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## Lunkan (Aug 28, 2020)

Jaijav15 said:


> The business is a farm, all in my partners name, she has a TIN number, so pays her due tax. Were questions to be asked in regards to my involvement, *I am an unpaid helper. *I officially receive no revenue at all, it all goes through my partners name.


 Thats *ILLEGAL *without work permit even if you realy would get nothing. 

(Even volontary aid workers who even PAY to come and assist people, need to have work permit.
E g I would need work permit even to FREE meet school classes a few lessons e g if they in a "mountain" school would want to ask a foreigner something. And I would need work permit to be allowed to FREE coach basketball for kids.

Even people, who havent break the law, have problem to get in. Some "simplifications", not doing things proper, can mess up much...


Jaijav15 said:


> I also did some online tutoring, for which I applied for and received my own TIN number, the company deducts tax from my earning automatically.


 With work permit or didnt they check?


bidrod said:


> Should have applied for a 13a a long time ago, then the 3 yr requirement would be invalid!


 Yes. Why not get married when he knew he would be forced to leave would happen otherwice? ? Or solved it with some other long time/for ever visa?


Hey_Joe said:


> And he could legally work with the 13a.


 Are you sure of that ? Im nott sure 
I did read trhough "all" rules some years ago and my VAGUE memory BELIEVE foreigners need work permit anyway.


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## Hey_Joe (Sep 13, 2016)

Hey_Joe said:


> And he could legally work with the 13a.
> Some though can't apply, i know a guy who has epilepsy and can't, uses the 9a.





Lunkan said:


> Are you sure of that ? Im nott sure
> I did read trhough "all" rules some years ago and my VAGUE memory BELIEVE foreigners need work permit anyway.


The 13(a) visa holders are exempt from securing an alien employment permit.
SOURCE: 13(a) Non-Quota Immigrant Visa | Visas Philippines


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## Hey_Joe (Sep 13, 2016)

Lunkan said:


> Thats *ILLEGAL *without work permit even if you realy would get nothing.
> (Even volontary aid workers who even PAY to come and assist people, need to have work permit.


I tried to convey this to an Expat on a tourist visa 2 years ago who was doing volunteer work. He called Philippine National Volunteer Service Coordinating Agency - Build Hope, Change Lives: Volunteer! and they told him it is "illegal" to volunteer for any activity in The Philippines while on a 9a tourist visa. That they are not the policing agency, the BI is and will deport the offender if they find out.


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## Lunkan (Aug 28, 2020)

Hey_Joe said:


> The 13(a) visa holders are *exempt from securing* an alien employment permit.


 English isnt my first lsnguage, but isnt that text very fuzzy ? 
Does it mean
GET working permit automaticly
or
EXEMPT from geting... ?
I find the TEXT more meaning the later...


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## Jaijav15 (Jul 20, 2021)

Crawford said:


> How were you a permanent resident when, even after spending 8 years in an out of the country and having 2 children, your visa expired and you had to return to the UK to renew it!
> That's not a permanent resident; and as someone else has said how are you working while on a 9a visa?


I said permanent resident as I had been residing there permanently for the past 3 years straight, the past 8 years with occasional vacations, my long term partner, children and house are there... That seems pretty permanent to me. I am not a lawyer, if being there permanently and building my life and family in the place doesn't classify me as a permanent resident legally, well, I think I can be forgiven for not knowing that..


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## Jaijav15 (Jul 20, 2021)

Hey_Joe said:


> I noticed that as well. my ACR - 13a states "Permanent Resident"
> 
> He should have stated that he "resided in" and state whatever his ACR card/(9a Visa) indicates.
> 
> ...


I assumed that the fact that the Philippines authorities gave me a TIN number to pay tax meant that I was allowed to work.


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## Jaijav15 (Jul 20, 2021)

bidrod said:


> Should have applied for a 13a a long time ago, then the 3 yr requirement would be invalid!
> 
> Chuck


Im not married , and cannot get married, at least not to my partner, as she is already married.


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## Jaijav15 (Jul 20, 2021)

bigpearl said:


> The OP is not married so can't secure a 13a, the best choice around if you can or want to marry. As for running a business I'm sure the OP is more aware now that is a no no on a 9a and should read in his application perhaps "my lady runs a business and I need to look after our children and support my family emotionally and physically be there to assist the future of our children" Perhaps "and contribute to the people and country"
> 
> James I do hope things work out for you so you can reunite with your family.
> 
> ...


Thank you sir. Marriage is not an option as my partner is already married and an annulment is a little bit out of my price range


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## Jaijav15 (Jul 20, 2021)

M.C.A. said:


> Hi James and Welcome to the Forum, were you on the forum before? I remember someone in the same situation but I think he went by the name JDavid working here teaching online schooling.
> 
> Is there an option for marriage, could she leave the kids with family and come to the UK or possibly another country and then you guys marry? if so you would want to start there and get all your original documents, I wish you the best and let us know if you need certain documents with a 13a Visa, ect.. we could help there.


No, I was not JDavid, I am brand new to the forum. My partner is married already, so no marriage available for me


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## Jaijav15 (Jul 20, 2021)

bidrod said:


> I get confused when people refer to their wife but are not married!
> 
> Chuck


I get confused when a person uses the term 'partner' over and over, and specifically states in the very first line of his OP that he is not married, yet uses the term 'wife' one time, then gets pulled up on it... How do you spell pedantic?


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## bidrod (Mar 31, 2015)

Jaijav15 said:


> Im not married , and cannot get married, at least not to my partner, as she is already married.


Then she is not your wife! Looking at big problems if husband wants to get involved.

Chuck


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## Jaijav15 (Jul 20, 2021)

Hey_Joe said:


> Me too. LOL


Did the first line of my OP, and the repeated use of the word partner, not alert you to the fact that the one time I said 'wife' was an understandable mistake, as she is my wife in every conceivable meaning of the word, with the exception of the legal paperwork has not been completed? Your powers of deduction seem sadly lacking, Sir. Unlike your power to be condescending, which seem to be very strong.


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## Jaijav15 (Jul 20, 2021)

Lunkan said:


> Thats *ILLEGAL *without work permit even if you realy would get nothing.
> 
> (Even volontary aid workers who even PAY to come and assist people, need to have work permit.
> E g I would need work permit even to FREE meet school classes a few lessons e g if they in a "mountain" school would want to ask a foreigner something. And I would need work permit to be allowed to FREE coach basketball for kids.
> ...


Hello Sir, It never occured to me that I needed a licence to help out on my partners farm.. I mean, it is a private piece of land, I am just planting a few crops and feeding/cleaning out a few pigs and chickens... I guess it comes down to the definition of work. I mean, does planting marigolds in the garden at the house, and feeding the cat class as work? If then a neighbor gives me a few peso for a cutting of my plants, or I sell the cats kittens off... 

The tutor company asked for my TIN number when I applied online, so I went to the BIR and applied for and was given said TIN number to allow me to comply with tax laws. It never occurred to me that they would give a TIN number to someone who was not legally allowed to work, if I needed any other requirements, I thought they would have informed me at the BIR...


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## Jaijav15 (Jul 20, 2021)

bidrod said:


> Then she is not your wife! Looking at big problems if husband wants to get involved.
> 
> Chuck


She is not my wife in a legal sense, no.. I do call her my partner in all posts except one... And I am fully aware of the situation regarding the husband...


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## Lunkan (Aug 28, 2020)

Jaijav15 said:


> Thank you sir. Marriage is not an option as my partner is already married and an annulment is a little bit out of my price range


 In Phils living with a separated woman is a CRIME
and if I remember correct it can even be deportation reason.


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## Jaijav15 (Jul 20, 2021)

Lunkan said:


> In Phils living with a separated woman is a CRIME
> and if I remember correct it can even be deportation reason.


The physical act of living with a separated woman is not a crime, if it were every separated woman in the country would be living alone. 

Adultery is a crime, the punishment is jail, not deportation. But only the husband can file for adultery and we have dealt with him, he is little to no risk.. 

Anyway the topic of concern is not about the husband, it is about how I can get back to my family. 

Thanks for the reply


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## Hey_Joe (Sep 13, 2016)

Lunkan said:


> English isnt my first lsnguage, but isnt that text very fuzzy ?
> Does it mean
> GET working permit automaticly
> or
> ...


Exempt from securing means does not need (a work permit)


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## Hey_Joe (Sep 13, 2016)

Jaijav15 said:


> This is the message they sent me regarding my recent denied application:
> 
> Dear James,
> 
> ...


I read all the posts again. I cant provide any suggestion regarding your married partner because your situation with her is actually a crime in the PI. Article 333 of The _Revised Penal Code_ SOURCE: REVISED PENAL CODE OF THE PHILIPPINES - BOOK TWO (FULL TEXT) *Inappropriate content :* Forum members agree not to post or link to content which encourages unlawful activity or otherwise violates any laws

Regarding: Embassy's endorsement could not be processed at this time due to lack of merits on the urgency of your travel to the country.

They are stating that your stated reasons were not worthy of their endorsement.

I looked again at the PI Embassy - London website. I was suprised to see they have listed - Foreign national partners of pregnant Filipino citizens can now apply for EED. SOURCE: 9a Visa

Your focus though from the same PI Embassy - London is Foreign parents of Filipino minor children (17 years old and below) Requirements:

Original and one photocopy, Authenticate Birth Certificate issued by the Philippine Statistics Authority. Request for a copy at psaserbilis.com.ph
Proof of parent/s' Filipino citizenship (if parent is a dual citizen, parent's RA 9225 documents must be submitted)
Proof that the foreign citizen child and the Filipino citizen parent are traveling together (e.g. flight itinerary)
This is a disqualifier for your situation but you know that already - Proof that the foreign citizen child and the Filipino citizen parent are traveling together (e.g. flight itinerary)

Regarding: you may try to file your request for the processing of an Entry Exemption Document ( EED) with the Philippine Department of Social Welfare and Development ( DSWD) Department of Social Welfare and Development | Tunay na malasakit sa mahihirap. Maagap at mapagkalingang serbisyo sa mamamayan.

If the 2 children are in fact legally yours and you have the proper documentation then you may want to consider using THE FAMILY CODE OF THE PHILIPPINES as your merit on the urgency of your travel to the country.
Specifically quote; Chapter 3. Effect of Parental Authority Upon the Persons of the Children
Art. 220. *The parents and those exercising parental authority shall have with the respect to their unemancipated children on wards the following rights and duties:*

(1) *To keep them in their company, to support, educate and instruct them by right precept and good example, and to provide for their upbringing in keeping with their means;*
Can your resubmitted to the DSWD be hand carried to the DSWD. (sometimes PI govt agencies time stamp and record these items so they can be tracked)

Can someone in country occasionally call on their cell phone for you and ask the status?

Can you call DSWD via Skype phone and ask the status?

It does appear DSWD is your last option for an EED at this time. Realize that many agencies are minimum manned, staggered work hours, working from home, etc. My wife can't even get her PI pass port renewed because they are only accepting OFW's.

Don't lose hope though because restrictions are constantly changing here. Some for the good some for the not so good.


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## Jaijav15 (Jul 20, 2021)

Hey_Joe said:


> I read all the posts again. I cant provide any suggestion regarding your married partner because your situation with her is actually a crime in the PI. Article 333 of The _Revised Penal Code_ SOURCE: REVISED PENAL CODE OF THE PHILIPPINES - BOOK TWO (FULL TEXT) *Inappropriate content :* Forum members agree not to post or link to content which encourages unlawful activity or otherwise violates any laws
> 
> Regarding: Embassy's endorsement could not be processed at this time due to lack of merits on the urgency of your travel to the country.
> 
> ...


Sir, has the law changed recently regarding me living with the separated lady? I looked into it back in 2017 and I felt secure with the info that only the husband can make any trouble for us, noone except him could file a case against us? We had issues with him in the beginning, but have come to terms with him and have had no issues for a good few years. If he is indeed the only one who could file a case against us, I feel secure. 

Regarding my childrens legal status, I am named on their Philippines birth certificates as the father (I know there r grey areas regarding kids being legally the kids of the husband of the mother, but both my children have been granted UK citizenship and UK passports (it took a lot of time and headaches to get it but after 2 years we succeeded). So no concern there. 

All your other suggestions are very good avenues for us to explore, I shall do so very soon.

Thank you so much for your contribution


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## Lunkan (Aug 28, 2020)

Hey_Joe said:


> Exempt from securing means does not need (a work permit)


 Very odd using of the word "securing".
Compare "secure the borders". Thats an ACTION to GET something...


Jaijav15 said:


> Adultery is a crime, the punishment is jail, not deportation. But only the husband can file for adultery and we have dealt with him, he is little to no risk..


 So basicly that law can be "weapons" to blackmail the many time with separated...


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## Hey_Joe (Sep 13, 2016)

Does she have a court issued decree of legal separation or do you guys just call her separated?

*Decree of Legal Separation*. The court shall issue the decree of legal separation after: (a) registration of the entry of judgment granting the petition for legal separation in the Civil Registry where the marriage was celebrated and in the Civil Registry where the Family Court is located; and (b) registration of the approved partition and distribution of the properties of the spouses, in the proper Register of Deeds where the real properties are located. The court shall quote in the Decree the dispositive portion of the judgment entered and attach to the Decree the approved deed of partition.

An action for legal separation may be finished from 10 months or several years depending on various factors like the complexity of the case (e.g. properties and custody, support, etc. are heavily contested), availability of the court, witnesses and documentary evidence, and also the place where the petition will be filed.



Jaijav15 said:


> Sir, has the law changed recently regarding me living with the separated lady?


No.
*Separation*. The spouses shall be entitled to live separately from each other, but the marriage bonds shall not be severed. 



Jaijav15 said:


> Regarding my childrens legal status, I am named on their Philippines birth certificates as the father (I know there r grey areas regarding kids being legally the kids of the husband of the mother,


What did the court order?
*Custody of Children*. The custody of the minor children shall be awarded to the innocent spouse, but no child under 7 years shall be separated from the mother unless there are compelling reasons.

During the pendency of the action, the custody of children will be governed either by written agreement, or by court order, based on the best interest of the child. The court will apply the following order of preference, both parents jointly: (a) either parent (may consider the choice of child over 7 years) unless such parent is considered unfit, (b) surviving grandparent (if several, then choice of child over 7 years, unless grandparent chosen is unfit/disqualified), (c) eldest brother/sister over 21 unless unfit/disqualified, or (d) any other person deemed suitable by the court.

SOURCE: Legal Separation - SAKLAW


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## Jaijav15 (Jul 20, 2021)

Hey_Joe said:


> Does she have a court issued decree of legal separation or do you guys just call her separated?
> 
> *Decree of Legal Separation*. The court shall issue the decree of legal separation after: (a) registration of the entry of judgment granting the petition for legal separation in the Civil Registry where the marriage was celebrated and in the Civil Registry where the Family Court is located; and (b) registration of the approved partition and distribution of the properties of the spouses, in the proper Register of Deeds where the real properties are located. The court shall quote in the Decree the dispositive portion of the judgment entered and attach to the Decree the approved deed of partition.
> 
> ...


Have not done any of that, the husband has a new live in partner and a child with her, as far as my partner tells me, this would make it difficult for him to pursue any legal action against us. I am also told that he doesn't work, and legal proceedings require a not insignificant sum of money. Plus my partner is on good terms with her in-laws, who tell us their son is not interested in making trouble for us. They separated many years ago, and have very little contact. They also have children together, so he has accepted my partner and my relationship, and agreed to remain amicable in the interest of his children. He knows he cannot provide for his kids should he have his wife carted off to jail. So far it has all worked out well, on that account.


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## Lunkan (Aug 28, 2020)

Jaijav15 said:


> the husband has a new live in partner and a child with her,


 So the husband make similar crime as your live-in partner, which reduce the risk he do something 

I ddnt read all. Is your live-in partner LEGALY separaed ? 
If not, her husband has economy TOGETHER with her still...


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## Jaijav15 (Jul 20, 2021)

Lunkan said:


> So the husband make similar crime as your live-in partner, which reduce the risk he do something
> 
> I ddnt read all. Is your live-in partner LEGALY separaed ?
> If not, her husband has economy TOGETHER with her still...


Nothing legal, what do u mean by economy?


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## Crawford (Jan 23, 2011)

Jaijav15 said:


> I said permanent resident as I had been residing there permanently for the past 3 years straight, the past 8 years with occasional vacations, my long term partner, children and house are there... That seems pretty permanent to me. I am not a lawyer, if being there permanently and building my life and family in the place doesn't classify me as a permanent resident legally, well, I think I can be forgiven for not knowing that..



A permanent resident of any country does not need to go back to his/her home country and renew their visa.....Permanent means you have no immigration issues/processes attached to your staying in the new country - you have been granted permanent stay in that country. (It's usually another process you undertake over and above getting a visa)
* If you are on a visa* you are NOT a permanent resident - you are residing in the country only until such time as your visa expires - which is your case by the sounds of it.


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## Gary D (Oct 28, 2013)

Jaijav15 said:


> Nothing legal, what do u mean by economy?


It means his debts are her debts


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## Hey_Joe (Sep 13, 2016)

Jaijav15 said:


> Have not done any of that, the husband has a new live in partner and a child with her, as far as my partner tells me, this would make it difficult for him to pursue any legal action against us. I am also told that he doesn't work, and legal proceedings require a not insignificant sum of money. Plus my partner is on good terms with her in-laws, who tell us their son is not interested in making trouble for us. They separated many years ago, and have very little contact. They also have children together, so he has accepted my partner and my relationship, and agreed to remain amicable in the interest of his children. He knows he cannot provide for his kids should he have his wife carted off to jail. So far it has all worked out well, on that account.


This scenario can change on a whim.

A big misconception is that the poor have no money and therefore can't & won't sue because they have no money. Even the poorest of the poor have the capability to sue via Public Attorneys Office . The difference from those who have money to hire an attorney and file a case is the latter proceeds faster in the courts.

The Public Attorney's Office exists to provide the indigent litigants, the oppressed, marginalized, and underprivileged members of the society *free access* to courts, judicial and quasi-judicial agencies, by rendering legal services, counselling and assistance in consonance with the *Constitutional mandate* that *"free access to courts shall not be denied to any person by reason of poverty"* in order to ensure the rule of law, truth and social justice as components of the country's sustainable development.

*NEVER GET INVOLVED WITH A MARRIED WOMAN IN THE PHILIPPINES.!*

Article: Briton locked up for adultery pleads to bring baby home
A British man yesterday told of his dramatic escape from the Philippines with his girlfriend and baby daughter after the couple were threatened with seven years in prison for adultery.
David Scott, 36, is now in Thailand and is petitioning the British government to let the whole family come to the UK.
However, *he has been told that because his Filipina girlfriend was still married when their daughter was born, the child is not legally his.*
SOURCE: Briton locked up for adultery pleads to bring baby home

This video is his story.


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## Gary D (Oct 28, 2013)

Gary D said:


> It means his debts are her debts


And to add, anything you purchase for your girlfriend, as she's married becomes conjugal property, so you could reach a tipping point where the husband starts to take notice because half of it is his.


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## Jaijav15 (Jul 20, 2021)

Gary D said:


> And to add, anything you purchase for your girlfriend, as she's married becomes conjugal property, so you could reach a tipping point where the husband starts to take notice because half of it is his.


I am 8 years, a 3million peso property and 2 kids in, so a bit late for reconsidering now... The husband has even been to the house to visit his kids, so its hardly a secret what she has. My partner has had an affidavit drawn up before purchasing the property to sign for it under her maiden name, and as a purchase in her name only, we are told this will help should any unpleasantness occur. It has been 8 years, so far so good


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## Gary D (Oct 28, 2013)

Jaijav15 said:


> I am 8 years, a 3million peso property and 2 kids in, so a bit late for reconsidering now... The husband has even been to the house to visit his kids, so its hardly a secret what she has. My partner has had an affidavit drawn up before purchasing the property to sign for it under her maiden name, and as a purchase in her name only, we are told this will help should any unpleasantness occur. It has been 8 years, so far so good


The first thing I would do in your situation is contact and attorney and as you can't marry your girlfriend have a 25+25 year lease written up. To be extra safe you may need the husband also sign it, but not tipping him off that he owns half of it. There's nothing like a sniff of money to bring the maggots out of the woodwork.


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## Lunkan (Aug 28, 2020)

Jaijav15 said:


> Nothing legal, what do u mean by economy?





Gary D said:


> It means his debts are her debts


Yes.
And the husband has right to half of her ASSETS and EARNINGS. As well as she has right to half of his , but if I understood you correct he dont have any.

Their economies are counted TOGETER and then they have right to half each of the total assets and depts. 
So its very imprtant to get a legal separration because then that joint economy ends.


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## M.C.A. (Feb 24, 2013)

James has made it clear he is aware of all his short comings with his family his partner, he wasn't aware of the very strict marital laws in the Philippines.

James has two kids, they aren't gonna disappear and he's not going to give them up and so lets focus on helping him if we can find a way back to the Philippines and his family.


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## Gary D (Oct 28, 2013)

M.C.A. said:


> James has made it clear he is aware of all his short comings with his family his partner, he wasn't aware of the very strict marital laws in the Philippines.
> 
> James has two kids now and so lets focus on helping him if we can find a way back to the Philippines and his family.


Currently to get the dfa exemption certificate it needs to a dire emergency like a medical emergency or death of a close relative. Unfortunately although he has children the crazy thing is that the husband has more call on them than he does. I think all he can do is wait it out.


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## Gary D (Oct 28, 2013)

Going way out there and giving it a good thrashing with the whacky stick.

You say the children are British citizens so they are within their rights to want to come to the UK. As they are minors they can expect their mother to travel with them. So a visa should be available to her. Once she enters the UK she can get a divorce from he husband, the law changed in the Philippines in recent times allowing this, before it wasn't recognised here.
You then marry and come to the Philippines as a balikbayan.

The cons. Currently the cost of quarantine in the UK. The time, all this silliness may be over before you accomplish all this.


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## Jaijav15 (Jul 20, 2021)

Gary D said:


> Going way out there and giving it a good thrashing with the whacky stick.
> 
> You say the children are British citizens so they are within their rights to want to come to the UK. As they are minors they can expect their mother to travel with them. So a visa should be available to her. Once she enters the UK she can get a divorce from he husband, the law changed in the Philippines in recent times allowing this, before it wasn't recognised here.
> You then marry and come to the Philippines as a balikbayan.
> ...


Is this right? The kids can have their mother travel with them? Even if she is not a British citizen? Which visa would she apply for? 

It is also news to me that my partner could divorce in the UK... I am researching it now... Thank you so much. 

If she could come to the UK, I think we would stay here.


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## Jaijav15 (Jul 20, 2021)

Lunkan said:


> Thats *ILLEGAL *without work permit even if you realy would get nothing.
> 
> (Even volontary aid workers who even PAY to come and assist people, need to have work permit.
> E g I would need work permit even to FREE meet school classes a few lessons e g if they in a "mountain" school would want to ask a foreigner something. And I would need work permit to be allowed to FREE coach basketball for kids.
> ...


May I ask Sir, what are the requirements to get a work permit to allow me to earn money legally in the Philippines?


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## Gary D (Oct 28, 2013)

You need to research it but when I was looking into the Philippines some years ago if all else failed you got you wife/girlfriend pregnant and they would automatically follow the child into the UK.


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## Gary D (Oct 28, 2013)

Jaijav15 said:


> May I ask Sir, what are the requirements to get a work permit to allow me to earn money legally in the Philippines?


Your employer obtains the work permit on your behalf.


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## Jaijav15 (Jul 20, 2021)

Gary D said:


> Your employer obtains the work permit on your behalf.


What if I am self employed? Or doing the online tutor thing? I was doing that previously for a company and they requested my TIN number but nothing else


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## Jaijav15 (Jul 20, 2021)

Gary D said:


> You need to research it but when I was looking into the Philippines some years ago if all else failed you got you wife/girlfriend pregnant and they would automatically follow the child into the UK.


Anyone else know if this is still a thing?


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## Hey_Joe (Sep 13, 2016)

M.C.A. said:


> lets focus on helping him if we can find a way back to the Philippines and his family.


Request a "Waiver"

Two examples of other waivers:

Waiver of the Two-Year Home-Country Residency Requirement For Exchange Visitors to the US (J-1 visa waiver) – Philippine Consulate General Los Angeles California

Waiver of Exclusion Ground (WEG) : Embassy of the Philippines in Singapore

Resubmit the EED Endorsement Application to The PI Embassy London but this time add a cover letter requesting a "Waiver" to the Requirement: Proof that the foreign citizen child and the Filipino citizen parent are traveling together (e.g. flight itinerary). State that his legal British Citizen are already in The Philippines.

Address the Waiver cover letter to: His Excellency Antonio M. Lagdameo, Ambassador of the Philippines to the United Kingdom.

State the reason as: For Humanitarian Consideration and so that I (the father) and my children are in compliance with Philippine law.

Specifically; so that I (the father) and my children are in compliance with;.

Republic Act No. 386 The Civil Code of the Philippines
CHAPTER 2 EFFECT OF PARENTAL AUTHORITY UPON THE PERSONS OF THE CHILDREN
Art. 316. The father and the mother have, with respect to their unemancipated children:

(1) The duty to support them, to have them in their company, educate and instruct them in keeping with their means and to represent them in all actions which may redound to their benefit;
and

EXECUTIVE ORDER NO. 209 THE FAMILY CODE OF THE PHILIPPINES
Chapter 3. Effect of Parental Authority Upon the Persons of the Children
Art. 220. The parents and those exercising parental authority shall have with the respect to their unemancipated children on wards the following rights and duties:

(1) To keep them in their company, to support, educate and instruct them by right precept and good example, and to provide for their upbringing in keeping with their means;
SOURCES:
BOOK II (FULL TEXT) : CIVIL CODE OF THE PHILIPPINES : CHAN ROBLES VIRTUAL LAW LIBRARY
THE FAMILY CODE OF THE PHILIPPINES : Executive Order No. 209 - FULL TEXT - CHAN ROBLES VIRTUAL LAW LIBRARY


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## Hey_Joe (Sep 13, 2016)

Jaijav15 said:


> Anyone else know if this is still a thing?


Is this it?

Apply as a parent
Family visas: apply, extend or switch


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## Gary D (Oct 28, 2013)

Another possibility could be a fiance visa


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## Crawford (Jan 23, 2011)

There is *no* automatic right for this OP's 'partner' to enter the UK, even if they have children together.


1 She can't apply as parent as children are not currently living in the UK.
2. She can't apply as unmarried partner/fiance etc *as she is already married in the Philippines.*

Visas for unmarried partners/fiance etc are based on the fact that the applicant is not already married to someone else.

This is not a route for the OP. He needs to step up and get an annulment for his 'partner'

(even with an annulment, the OP's partner would NOT have a right to enter the UK. The OP would still need to sponsor her for a visa)


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## Jaijav15 (Jul 20, 2021)

Crawford said:


> There is *no* automatic right for this OP's 'partner' to enter the UK, even if they have children together.
> 
> 
> 1 She can't apply as parent as children are not currently living in the UK.
> ...


What is the use of the 'scare quotes' when referring to my partner? Are you suggesting that she is not actually my partner?


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## Jaijav15 (Jul 20, 2021)

Crawford said:


> There is *no* automatic right for this OP's 'partner' to enter the UK, even if they have children together.
> 
> 
> 1 She can't apply as parent as children are not currently living in the UK.
> ...


If my 'children' were to be living in the UK, could she apply for a parents visa then?


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## Crawford (Jan 23, 2011)

Jaijav15 said:


> If my 'children' were to be living in the UK, could she apply for a parents visa then?


*Parental responsibility*
You need to have sole or shared parental responsibility for your child.

If you share parental responsibility, the child’s other parent *must not be your partner. *

If the child lives with their other parent or carer, you must have access to the child in person, as agreed with the other parent or carer or by a court order. 

In other words, the parents' route is NOT for those who can apply for a partner visa instead, nor for those whose 'partner' is going to be the carer or guardian of the children when in the UK.

You'll need legal advise before going down this route - especially since your 'partner' is already married to someone else.


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## Jaijav15 (Jul 20, 2021)

Crawford said:


> *Parental responsibility*
> You need to have sole or shared parental responsibility for your child.
> 
> If you share parental responsibility, the child’s other parent *must not be your partner. *
> ...


Thanks for this. Seeing as you seem to be in know about all this, do you have any suggestions as to what would be my best course of action going forward, assuming I wanted my 'partner' to live permanently in the UK? 

Another user mentioned that there may be an option for my 'partner' to divorce her 'husband' in the UK? Is this a feasible option, in my situation?


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## Crawford (Jan 23, 2011)

1. As said, you have no route to obtaining either an unmarried partner visa/fiance or spouse visa for your partner to enter the UK. She absolutely does not qualify under the rules for those visas due to the fact she is already married in the Philippines.
2. The parent route is also not available to you, if YOU are the main guardian or carer. If someone else were to be their carers or guardians (and you would need a court order to specify this) you would still be advised to get legal advise due to the Philippines marriage
3. She could only move to the UK if she had a work visa/student visa or investment visa
4. She cannot divorce her husband if she is not living in the UK in order to start proceedings.


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## Lunkan (Aug 28, 2020)

Jaijav15 said:


> May I ask Sir, what are the requirements to get a work permit to allow me to earn money legally in the Philippines?


 In short it has to be a work, which to few Filipinos can do. Having English as your first language is such. (I dont know now, but earlier Call centers employed foreigners to teach ACCENTS so customers believe they have come to their home country. ) 
Your tutor experience can be an advantage BUT can be a red flag too if done it WITHOUT permit, so DONT tell you have done it IN PHILS (if theyt dont ask.)

Own business can be an advantage
BUT a long list of jobs are ONLY for Filipinos (e g WORKER level of Agricultural, Fishing and Forestry)
BUT a foreigner can be allowed to INSTRUCT in jobs foreigners arent allowed to do self  and tcan be allowed to be MIDDLE boss but NOT highest boss level.


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## Jaijav15 (Jul 20, 2021)

Lunkan said:


> In short it has to be a work, which to few Filipinos can do. Having English as your first language is such. (I dont know now, but earlier Call centers employed foreigners to teach ACCENTS so customers believe they have come to their home country. )
> Your tutor experience can be an advantage BUT can be a red flag too if done it WITHOUT permit, so DONT tell you have done it IN PHILS (if theyt dont ask.)
> 
> Own business can be an advantage
> ...


So, in short, my partner is almost certainly not going to be allowed to come to live in the UK, and if I live with her in the Philippines I am almost certainly not going to be able to earn any money legally?

Well isn't that a kick in the balls


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## Lunkan (Aug 28, 2020)

Gary D said:


> You say the children are British citizens so they are within their rights to want to come to the UK.


 The normal in Phils is the HUSBAND is automatic seen as father even when he is obvious not, so best to check if Phils see it so too.


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## Jaijav15 (Jul 20, 2021)

Crawford said:


> 1. As said, you have no route to obtaining either an unmarried partner visa/fiance or spouse visa for your partner to enter the UK. She absolutely does not qualify under the rules for those visas due to the fact she is already married in the Philippines.
> 2. The parent route is also not available to you, if YOU are the main guardian or carer. If someone else were to be their carers or guardians (and you would need a court order to specify this) you would still be advised to get legal advise due to the Philippines marriage
> 3. She could only move to the UK if she had a work visa/student visa or investment visa
> 4. She cannot divorce her husband if she is not living in the UK in order to start proceedings.


She could only move to the UK if she had a work visa/student visa or investment visa 
Would you say these visas are feasible in my 'partners' situation?


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## Jaijav15 (Jul 20, 2021)

Lunkan said:


> The normal in Phils is the HUSBAND is automatic seen as father even when he is obvious not, so best to check if Phils see it so too.


I am on the birth certificate as the father in the Phils, and the UK has granted both my kids UK citizenship and passports, so clearly I am recognised as the father over here..


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## Lunkan (Aug 28, 2020)

Jaijav15 said:


> So, in short, my partner is almost certainly not going to be allowed to come to live in the UK, and if I live with her in the Philippines I am almost certainly not going to be able to earn any money legally?
> 
> Well isn't that a kick in the balls


 Well. Do work legaly in a SMALL farm with no employees you can LEAD, I dont get any possible idea to,
BUT 
/some chance you can get work permit for e g tutoring (if you can avoid they refuse because of illegal earlier work)
/and perhaps you have skill and resources to start and work in some business where you are MIDDLE boss or insructor? 
/ior exband the farm so you get employees to lead.


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## Crawford (Jan 23, 2011)

Jaijav15 said:


> She could only move to the UK if she had a work visa/student visa or investment visa
> Would you say these visas are feasible in my 'partners' situation?


Work visa requires skills i.e computer science/coding/engineering/health services/business/managerial experience; basically a decent job where an employer would be willing to pay to sponsor an employee
Student visa - full time over 6 months course from recognised education establishment (not likely to be approved since with husband and kids in the UK, likely hood of overstaying)
Investment visa - got 100K GBP or more?

From what you have written, none of these are options.


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## Jaijav15 (Jul 20, 2021)

Crawford said:


> Work visa requires skills i.e computer science/coding/engineering/health services/business/managerial experience; basically a decent job where an employer would be willing to pay to sponsor an employee
> Student visa - full time over 6 months course from recognised education establishment (not likely to be approved since with husband and kids in the UK, likely hood of overstaying)
> Investment visa - got 100K GBP or more?
> 
> From what you have written, none of these are options.


Well aren't you just the harbinger of woeful tales. Is there nothing you can suggest that might not make me want to take a razorblade to my throat?


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## Crawford (Jan 23, 2011)

Jaijav15 said:


> Well aren't you just the harbinger of woeful tales. Is there nothing you can suggest that might not make me want to take a razorblade to my throat?


No.....


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## Jaijav15 (Jul 20, 2021)

Jaijav15 said:


> Well aren't you just the harbinger of woeful tales. Is there nothing you can suggest that might not make me want to take a razorblade to my throat?


How about an annulment, say I got the money for it and it did eventually go thru... more chance on the fiancé visa then?


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## Crawford (Jan 23, 2011)

Jaijav15 said:


> How about an annulment, say I got the money for it and it did eventually go thru... more chance on the fiancé visa then?


Yes .... but you said you could not afford this option in an earlier post.


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## Hey_Joe (Sep 13, 2016)

Jaijav15 said:


> How about an annulment, say I got the money for it and it did eventually go thru... more chance on the fiancé visa then?


A local my wife knows was able to get an annulment using the Public Attorneys Office before the pandemic. She claims the cost was 5,000 pesos. But she met the requirements, your partner may not.

RULE VI
Free Legal Services
Section 22. Persons Qualified for Free Legal Services.
Section 23. Indigency Test.
Section 24. Proof of Indigency.
Section 25. Merit Test.
SOURCE: https://pao.gov.ph/UserFiles/Public_Attorney's_Office/file/PAO-LAW-IRR.pdf

There are many videos on You Tube that discuss cost/process of PI Annulment.
YT search - PAO annulment Philippines & annulment Philippines. Some are in english. Your partner can start this process without you.


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## M.C.A. (Feb 24, 2013)

Jaijav15 said:


> How about an annulment, say I got the money for it and it did eventually go thru... more chance on the fiancé visa then?


Annulment would be a good route but if she had kids with her husband I don't think you can get an annulment.

James you can work and live here as a Permanent Resident on an SRRV Visa the link I posted earlier. You will need to get a work permit on an SRRV it's a little different from the 13a Visa or Permanent Resident Visa through marriage.

I remember you mentioned you had saved up I think $15,000 USD? for your retirement Visa so when all else fails that's what you'll focus on.


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## Hey_Joe (Sep 13, 2016)

M.C.A. said:


> Annulment would be a good route but if she had kids with her husband I don't think you can get an annulment.


Annulment can be accomplished with children from the wife/husband

Read Chapter 3. Void and Voidable Marriages Chapter 35 to 54 SOURCE: THE FAMILY CODE OF THE PHILIPPINES : Executive Order No. 209 - FULL TEXT - CHAN ROBLES VIRTUAL LAW LIBRARY

Art. 54. Children conceived or born before the judgment of annulment or absolute nullity of the marriage under Article 36 has become final and executory shall be considered legitimate. Children conceived or born of the subsequent marriage under Article 53 shall likewise be legitimate. 

also

Effects of Annulment of Marriage
The annulment of marriage in the Philippine shall produce the following effects:
• The children conceived or born before the annulment decree shall be considered legitimate;
SOURCE: Annulment of Marriage in the Philippines - Law Firm in Metro Manila, Philippines | Corporate, Family, IP law, and Litigation Lawyers


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## fmartin_gila (May 15, 2011)

My wifes sister did get her annullment from the skalawag she was married to for almost 30 years, it did take almost 3 years of back & forth, court hearings, multiple depostions, much stalling with a lot of hemming & hawing. There is one child, he was concieved when her then boyfriend raped her. He is now married & has a pregnant wife.


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## bigpearl (Jan 24, 2016)

Only a lowly opinion as always and perhaps I missed something but to the OP, while there is a plethora of great information offered here, much that should and could be acted on prior to approaching an expat site. What have you been thinking whilst here 3 years on and off for countless years as a tourist. Yet you state that you have been with your partner for 8 years, surely if you and your lady were serious about your commitment and your children an annulment should have been applied for years ago. The only course to move forward. As painful and yes expensive, that is part of your family now and painfully slow.

I wish you luck James.

Cheers, Steve.


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## Jaijav15 (Jul 20, 2021)

bigpearl said:


> Only a lowly opinion as always and perhaps I missed something but to the OP, while there is a plethora of great information offered here, much that should and could be acted on prior to approaching an expat site. What have you been thinking whilst here 3 years on and off for countless years as a tourist. Yet you state that you have been with your partner for 8 years, surely if you and your lady were serious about your commitment and your children an annulment should have been applied for years ago. The only course to move forward. As painful and yes expensive, that is part of your family now and painfully slow.
> 
> I wish you luck James.
> 
> Cheers, Steve.


It is a long story but cut short, we have on several occasions attempted to proceed with the annulment, only for it to fall apart for various reasons. Saving up the money for another attempt wouldnt be too difficult, but now I know about the POA offering cheaper options, I will encourage my partner to go down this route.. Basically its not like we haven't tried... The lawyer advised us that my wife listing all her complaints about his behavior would give us a better chance, which husband didn;t like, and then found out that during the process members of his family would be called to testify to his bad behavior, I guess pride got in his way and both of these things were unacceptable to him. After 5 years of trying to get it started with him always putting obstacles in his way, we ended up using the money to purchase a farm instead. 

Getting the money together to try again isnt out of the question, but finding a way to do it without him perceiving himself as being publicly shamed has always been the problem


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## Jaijav15 (Jul 20, 2021)

M.C.A. said:


> Annulment would be a good route but if she had kids with her husband I don't think you can get an annulment.
> 
> James you can work and live here as a Permanent Resident on an SRRV Visa the link I posted earlier. You will need to get a work permit on an SRRV it's a little different from the 13a Visa or Permanent Resident Visa through marriage.
> 
> I remember you mentioned you had saved up I think $15,000 USD? for your retirement Visa so when all else fails that's what you'll focus on.


I didn't mention having 15k usd saved, I fear you may be thinking of someone else. Is my age (39) not an obstacle to me applying for a SRRV? 

What is the minimum requirement for a deposit for the SRRV? I remember hearing 20k usd being a figure I heard a few years back...


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## Jaijav15 (Jul 20, 2021)

Crawford said:


> Work visa requires skills i.e computer science/coding/engineering/health services/business/managerial experience; basically a decent job where an employer would be willing to pay to sponsor an employee
> Student visa - full time over 6 months course from recognised education establishment (not likely to be approved since with husband and kids in the UK, likely hood of overstaying)
> Investment visa - got 100K GBP or more?
> 
> From what you have written, none of these are options.


if I were to register a company in the UK (not an overly difficult thing to achieve), could she get a work visa if I gave her an offer of employment?


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## Gary D (Oct 28, 2013)

The


Jaijav15 said:


> if I were to register a company in the UK (not an overly difficult thing to achieve), could she get a work visa if I gave her an offer of employment?


I suspect they are more than wise to that ruse


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## Jaijav15 (Jul 20, 2021)

Gary D said:


> The
> 
> I suspect they are more than wise to that ruse


What if it wasn't a ruse, what if it was an actual company?


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## bigpearl (Jan 24, 2016)

Jaijav15 said:


> It is a long story but cut short, we have on several occasions attempted to proceed with the annulment, only for it to fall apart for various reasons. Saving up the money for another attempt wouldnt be too difficult, but now I know about the POA offering cheaper options, I will encourage my partner to go down this route.. Basically its not like we haven't tried... The lawyer advised us that my wife listing all her complaints about his behavior would give us a better chance, which husband didn;t like, and then found out that during the process members of his family would be called to testify to his bad behavior, I guess pride got in his way and both of these things were unacceptable to him. After 5 years of trying to get it started with him always putting obstacles in his way, we ended up using the money to purchase a farm instead.
> 
> Getting the money together to try again isnt out of the question, but finding a way to do it without him perceiving himself as being publicly shamed has always been the problem


Negotiating to save face, could have already been accomplished, 5 years on?

Cheers, Steve.


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## Jaijav15 (Jul 20, 2021)

bigpearl said:


> Negotiating to save face, could have already been accomplished, 5 years on?
> 
> Cheers, Steve.


Could it? How would we achieve this? Do you know the fella in question? I think not. You seem to be presuming quite a lot there...

Cheers.


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## bigpearl (Jan 24, 2016)

Jaijav15 said:


> I am on the birth certificate as the father in the Phils, and the UK has granted both my kids UK citizenship and passports, so clearly I am recognised as the father over here..


And? That obviously hasn't accomplished a thing or you wouldn't be here.

OMO.

Cheers, Steve.


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## bigpearl (Jan 24, 2016)

Jaijav15 said:


> Could it? How would we achieve this? Do you know the fella in question? I think not. You seem to be presuming quite a lot there...
> 
> Cheers.


Apparently yes according to you but as I don't know the "fella" in question and you do and have in the last 8 years failed to remedy the problem. If you want to get into semantics?

Cheers, Steve.


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## bigpearl (Jan 24, 2016)

Jaijav15 said:


> Upon further research, it appears that my age requires a deposit of 50k usd, 20k isnt beyound the realms of possiblity, 50k is im afraid


Under 50's are not being processed by the PRA. Forget that avenue. Like, as you know web updates take years here. research then do it again. Your consulate in the UK is the harbinger of razor blades. OMO but all you can hope for is this current pandemic to subside, travel opens etc. in the mean time perhaps a decent attorney? Migration agent? Research. While I feel for your predicament there are plenty of others suffering/stuck including SRRV holders and those legally married.

Your wife? or someone else's? Put that to bed first. I am a little more forthright than other members here, hard knocks opens ones eyes.

OMO.

Cheers, Steve.


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## Jaijav15 (Jul 20, 2021)

bigpearl said:


> Under 50's are not being processed by the PRA. Forget that avenue. Like, as you know web updates take years here. research then do it again. Your consulate in the UK is the harbinger of razor blades. OMO but all you can hope for is this current pandemic to subside, travel opens etc. in the mean time perhaps a decent attorney? Migration agent? Research. While I feel for your predicament there are plenty of others suffering/stuck including SRRV holders and those legally married.
> 
> Your wife? or someone else's? Put that to bed first. I am a little more forthright than other members here, hard knocks opens ones eyes.
> 
> ...


How about if you dont have anything helpful or supportive to contribute, you keep your views to yourself? What, do you get a buzz of kicking a man when he is down? Forthright? I could think of a fair few better words to describe you, Sling your hook


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## M.C.A. (Feb 24, 2013)

Jaijav15 said:


> It appears as though I may be eligible for the SRRV Smile:
> Principal Applicants for the SRRV must be foreign nationals or former Filipino citizens who are at least 35 years old, and to foreign nationals, who are 50 years old and above, who are diplomats and members of qualified group under the SRRV program of PRA.
> 
> The deposit is at least 20,000USD, (15,000GBP), This might be in my price range... However, I would also like to try for an annulment for my wife, and I could not afford both straight off.
> ...


James, GOOD NEWS! you did mention you have two kids, this just came out on GMA News this evening, no more EEC starting August 1st for those qualifying on the 9a Visa.

Paragraph taken out of the GMA article today:
*"He also announced that the government task force has allowed foreign spouses, parent/s, and/or children of Filipino citizens with valid 9(a) visas to enter the Philippines without the need for an entry exemption document beginning August 1. "*

Link to full article: Article on Different quarantines and exceptions This announcement was from the Presidents Spokesperson Harry Roque, so sometime this week it should be listed on the Philippine Bureau of Immigration website under Advisory PBI website

I'd talk with a lawyer about an Annulment because I don't know your situation, did the Husband have a child with your partner and if so even if he doesn't want anything to do with the child but it appears he still visits? you'd better get help with a Lawyer or a decision you'll have to make on your own.


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## Hey_Joe (Sep 13, 2016)

M.C.A. said:


> James, GOOD NEWS! you did mention you have two kids, this just came out on GMA News this evening, no more EEC starting August 1st for those qualifying on the 9a Visa.
> 
> *He also announced that the government task force has allowed foreign spouses, parent/s, and/or children of Filipino citizens with valid 9(a) visas to enter the Philippines without the need for an entry exemption document beginning August 1.*
> 
> ...


Good news however one shouldn't pop the champagne bottles open yet. Recall how they just allowed children out to play & few days later, now no more children allowed out to play.

IATF 128 was published July 22, 2021, today July 23, 2021 it was announced he will hold an emergency meeting on July 24, 2021 to discuss closing The Philippine border . So expect an IATF 129 soon.

Things seem to be changing almost daily as it relates to travel/quarantine, etc. Prudent to wait until after the July 24, 2021 decision before buying a ticket here to arrive after Aug 1, 2021.

From;

RESOLUTION NO. 128
Series of 2021
July 22, 2021

Upon the recommendation of the IATF Technical Working Group, foreign
spouses, parent/s, and/or children of Filipino citizens with valid 9(a) visas may be
allowed entry to the Philippines without the need of an entry exemption document
beginning 01 August 2021. For this purpose, the visas of the foregoing shall
contain the following notation: “EED not required per IATF Resolution No. 128
(s.2021)”
SOURCE: https://www.officialgazette.gov.ph/downloads/2021/07jul/20210722-RESO-IATF-128-RRD.pdf


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## M.C.A. (Feb 24, 2013)

Hey_Joe said:


> Good news however one shouldn't pop the champagne bottles yet. Recall how they just allowed children out to play & few days later, now no more children allowed out to play.
> 
> IATF 128 was published July 22, 2021, today July 23, 2021 it was announced he will hold an emergency meeting on July 24, 2021 to discuss closing The Philippine border . So expect an IATF 129 soon.
> 
> ...


Good point... but the changes aren't so drastic anymore like before, the OFW's are allowed back in and so hopefully this is a starting point for those Expats married or who have children here, they need to get back with their families.

Lets not jinx it.


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## Jaijav15 (Jul 20, 2021)

M.C.A. said:


> James, GOOD NEWS! you did mention you have two kids, this just came out on GMA News this evening, no more EEC starting August 1st for those qualifying on the 9a Visa.
> 
> Paragraph taken out of the GMA article today:
> *"He also announced that the government task force has allowed foreign spouses, parent/s, and/or children of Filipino citizens with valid 9(a) visas to enter the Philippines without the need for an entry exemption document beginning August 1. "*
> ...


Thanks mate, I just got the amazingly good news from the embassy!! I know I still got a lot to do but right now I am over the moon


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## M.C.A. (Feb 24, 2013)

Here's the Official Press Release and it's been taken from the PBI Website. PBI Official website


No more ECC 9a Visa


*Attachments*

No more ECC PBI.pdf


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## Blue Dog (Apr 5, 2021)

bidrod said:


> Should have applied for a 13a a long time ago, then the 3 yr requirement would be invalid!
> 
> Chuck


They are not married, so 13a is not an option for him.


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