teddy.bear

Hi, I don't really know what would be the best subject line is but yeah I will (might) have an expat soon to come over and I hope its ok that I am the one posting this.. (yep, im the filipina)

I have a British boyfriend who will come over this holiday and I want to clearly explain everything to him what might happen..

(so yes I am here to seek advice/s)

We are planning to settle down, getting engaged and be married in civil this Dec 2014 or Jan 2015 then be married in church by Dec 2015 but he describes staying in the UK as pretty hopeless if I move in with him because I would need to work (to keep the ball rolling for us both to survive especially when we start to have children) - which also states that I would be competing with other nations hence might get a low-cost job in the UK whereas here in the Philippines my family have a good business and I am living a good life so he says he'll just move in and settle here and start from there.. by the way he is working as a sub-contracts coordinator for a company at NW London. (I don't really find it as a bad one but he really wants the beaches and being with me.. we are in long distance relationship for 1year and 4months already)

But as I read different threads here..
1. if he stays over 59days he might be deported back/blacklisted - is that right?
2. there is no hope for him to get work here because obviously companies wouldn't spend cash for his working permit? unless he finds british companies here looking for british expats?
3. if we are to put business would it be fine for me to have it under my name only and he operates? what would his visa be? because sole proprietorship has less taxes than corporate right?
4. I travel a lot and I went to UK twice, if I get married when he comes over and apply for tourist visa by Sept 2015 would I still be granted? or should it be a spouse visa now? (documents required like being able to support myself will all come from me, do you see any problem?)

sometimes I just want to give up as I don't want him to have a miserable life here and he doesn't want me to have a miserable life also in UK.. but yeah love struck us and we are trying to work it out but it looks so hard!

thanks!

quiltman

I'm no expert, but here are my thoughts;

1. 59 days is the time given for a tourist visa on arrival here. He can then keep extending this for up to 3 years. He then has to leave for 48 hours - usually weekend in Hong kong! - and when he comes back the 3 years start again. He does have to get an ACR card after 6 months but Bureau of Immigration has all details on its website.
2. You are correct. He would need a company here to sponsor him and obtain work visa. Not easy! Again, usually companies transfer an employee here. There is a time limit, 5 years I think.
3. Yes, you can set up a corporation yourself, with him as a partner - you would need 2 more Filippinos as partners since the rules say it has to be 60% Filippino directors. He could be Chairman/President and the bank account could be in his name. The corporation would then apply for an Alien employment Permit for him. Thats how my sons first came here - they have a corporation and now both have AEP's.
4. If you marry BEFORE going to UK then yes it will be a spouse visa I believe. The good thing is, if your then husband travels with you and you both come back here TOGETHER( and have your marriage certificate with you) he can get a Balikbayan visa at the airport, which is valid for one year. Look up visas on the Bureau of immigration website. (I'll see if I can find the link and post it.)

quiltman

Here we are:

Conversion to Non-Quota Immigrant Visa by Marriage

On this page, there is a link to the complete visa section with details of all the different visas. hope it Helps.

quiltman

Me again!
I think it will be a Family Visa to visit the UK, a spouse visa is for applying to settle in the UK.

https://www.gov.uk/family-visit-visa/overview

teddy.bear

Thank you for your replies quiltman, just to clear it out. He cannot stay as plain overstayer? He needs to be a) a worker in a company who can issue him work permit? b) a part of a corporate team? No letter c) - ?

Gazza-d

c) would be to stay as an indefinite tourist. He can't legally work as a tourist though.

wayne42

If you get married he can then apply for a 13a residence visa which allows him to work. The only yearly fees after the visa is granted is 310.00 Pesos and ACR card renewal every 5 years.
Personally, I wouldn't go down the corporation route.. Just put the business permit in your name.
Might be best to have him over as a tourist for a year though to see if he can hack it over here. The R.P is not for everyone..Thats a fact!
BTW. The Balikbayan privilege is not a visa. It is a one year visa free stay. He can request it if he travels into the R.P with you as his spouse.

teddy.bear

@gazza - now that is not an option haha!

@wayne - 13a residence visa? as per checking the immigration.gov.ph I cannot see any related to that.. And yeah I agree to corporation route its tedious!

so it is also a bad idea to buy a house and loan it? just to be safe enough that he should see himself for 6mos or so..

im really worried!

wayne42

Permanent Resident Visa

Sorry,not sure what you mean?

teddy.bear

@quiltman

1. okay got it on 59days then application for renewel every 3 years..
2. if he would be lucky enough to find a work that fast that can sponsor him!

and yup thanks also, should be a family visit visa then ( i hope we wouldn't be denied here as I have applied twice already for tourist visa which is granted and getting married to a british national should lessen the concern!)

follow up question I have a valid visa till Feb, say we get married by January and went back with him in the UK for few weeks - should I fix my passport first? (silly question forgive me)

@ wayne

we cannot live in my parents' properties so we should sort out something for ourselves that's why we plan to buy a house and put it on mortgage.. and the monthly expenses comes into picture..

mikemike

Corporate route is best to have him as a CEO as it can be challenged under 'dummy law' if he holds roles Chairman or president, even Vice president. Specifically he cannot be Treasurer or Secretary. We set up following advice from an attorney who only does corporate law.

I think you be jumping into both personal and business arrangements rather fast. let him renew as a tourist and perhaps he can explore the retirement visa through the PRA

quiltman

I only replied to Teddy Bear initial questions, but agree it does seem as if they are moving a bit quick! Come as a tourist, get to know the country and the OPs family etc, then decide which way to go.
Teddy Bear, re your non expired visa. so far as I am aware, you would need to have your existing passport plus your marriage certificate with you AND leave before the visa expires. Naturally you will need return ticket and proof of being able to support yourself whilst in UK.As it seems you have a multiple entry visa for the UK I can see no problem unless you have obtained a new passport in your married name BEFORE going to the UK, then you may need a new visa. you can always ask the Visa Dept of the British embassy in Manila - or do they use an external company to handle visas? someone with more knowledge will be along shortly i'm sure!

wayne42

When he arrives he will have a visa free stay for 30 days..You have to go too immigration before the 30 days expire to apply to stay up to 59 days.. After that you can extend but they will ask him apply and to pay for an ACR card which is valid for one year.. Maximum stay on extension`s ,3 years.
IMO its better that you find a place too rent long before considering a property purchase.. Others have explained clearly about work permits and employers.
Is he aware that he cannot own property in the R.P?
A condo is about the only exception.

teddy.bear

@mikemike, quiltman, wayne42

thank you for your replies, really appreciate it.

he's been here last April and met everyone then I went to UK last Oct and met his. We are both young adults (24ish & 25ish)

he fell in love more when we went to different places but ofcourse I told him its not everyday like this, sure we can go out during weekends but it is hard to survive in Manila.. my parents are strict to me also and requires marriage and no to living in, that's why we decided to get married first and then sort things out over a year then move here by dec 2015.

we have no issues with regards to money etc, he's more than willing to sign pre-nup papers on my side, so naming the house or business to me is rather ok and easy but if to do the corporate route is it applicable to different kinds of franchise/business? less risky to start with..

right so I can still use it and just renew when I get back..

will take note of that and yes I have told him that he cannot own a property, condo's prices are high now and can afford a townhouse with house and lot that's why we want it that way.. I'll reconsider this renting.

mikemike

A corporation in the Philippines is a Filipino entity and can conduct any lawful business. Be sure that the lawful part of that is covered not just by SEC formalities and local government permits but also b national government license if apporopriate such as recruitment business etc.

Personally I think you are both racing in on the business side, be certain how much you are both prepared to lose.

He is too young for a retirement visa