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Obie
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Post by Obie » Wed Aug 05, 2009 11:47 am

Don't worry Andy, i think the fact that you have left the UK for that long and returned with your wife, indicates you did not simply leave the UK to exploit the rules.

I suspect you will be fine. Don't worry about the six month. It will not apply to you as you have been away for more than 6 months already.

Sorry if we made you worried when we suggested getting a visa. We just wanted you to be on the safe side.
Smooth seas do not make skilful sailors

andy and ann
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Post by andy and ann » Wed Aug 05, 2009 11:53 am

Obie, you have been such a star!!! Please don't apologise for anything! If it wasn't for you I would probably now be contemplating flying home, unlikely to see my wife until my child is born.

I do prefer to have things well organised as opposed to slightly, and so anyway it suits me better to get the visas for each country, and anyway, its free! No worries :)

I do find it so completely stupid that she can travel so freely to all other EU countries except for my own.

Obie
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Post by Obie » Wed Aug 05, 2009 12:26 pm

You are too kind Andy.

I am sure you did lots of research as well which enabled you to make an informed choice.

I have had several debate on the forum about the UK's reluctance to adopt the Schengen Visa policy. I could not think of any reasonable explanation for why they haven't , and are adamant that they wouldn't.

It might be they probably want you to look closer to home for a future partner (they don't want you to dare look outside the gene pool).

They seem to be imposing lots of draconian rules for Brits who are marrying someone from overseas at present.

If your wife was in the UK with you, it would be impossible for you to marry her without a document from the Home Office, allowing you to do so, the document takes almost 3 months to obtain if you are successful and cost about £ 60.00. It is called a Certificate of Approval. You will only be exempted if your Marriage will be done at a Church of England church.
Smooth seas do not make skilful sailors

joe777
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Post by joe777 » Wed Aug 05, 2009 12:30 pm

ciaramc wrote:Obie I think you see everything in black and white....and immigration certainly don't see it that way they see lots of grey....it will be difficult for the OP to get his wife on a flight without a visa (maybe not impossible). And since she is pregnant why risk it...the visa should be issue free and at an accelarated process. Any way good luck let us know how you get on.....oh and congrats on the baby!
you could be right, I've been to Manila and the guards will not even let you in the airport without a passport/air ticket.

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Post by Wanderer » Wed Aug 05, 2009 12:52 pm

Obie wrote:You are too kind Andy.

I am sure you did lots of research as well which enabled you to make an informed choice.

I have had several debate on the forum about the UK's reluctance to adopt the Schengen Visa policy. I could not think of any reasonable explanation for why they haven't , and are adamant that they wouldn't.

It might be they probably want you to look closer to home for a future partner (they don't want you to dare look outside the gene pool).

They seem to be imposing lots of draconian rules for Brits who are marrying someone from overseas at present.

If your wife was in the UK with you, it would be impossible for you to marry her without a document from the Home Office, allowing you to do so, the document takes almost 3 months to obtain if you are successful and cost about £ 60.00. It is called a Certificate of Approval. You will only be exempted if your Marriage will be done at a Church of England church.
Obie, CoA for marriage is free now and even the most liberal CoE vicar will ask to see proof of legality now for agreeing to marry you.
An chéad stad eile Stáisiún Uí Chonghaile....

Obie
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Post by Obie » Wed Aug 05, 2009 1:03 pm

Thanks Wanderer, i went to my friend's wedding in March this year and he had to pay for the Application, when he applied in December.

I gathered from your information and subsequent research that it has been suspended and not abolished.

In order for people to reclaim their money back, they will need to prove they were undergoing serious financial constrain at the time they paid the fee. I suspect this is a recession concession, it is interesting nevertheless.

http://www.ukba.homeoffice.gov.uk/sitec ... d-guidance
Smooth seas do not make skilful sailors

andy and ann
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Post by andy and ann » Thu Aug 06, 2009 9:31 am

Hi again,

I asked my friend in Bulgaria to check with regard to the issuing of a residency card for my wife. She replied that it is very easy for me but for my wife:
no restrictions for you, but for her it is difficult. She needs a special invitation from the police office in Bulgaria and certified by a Notary Public in order to apply for tourist visa "C", as she has no status in the UK.
Does this make any sense to anyone?

Obie
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Post by Obie » Thu Aug 06, 2009 10:22 am

You wife doesn't need to apply for the Tourist C visa, she will need the "Long Term Category D Visa". Which will be issued to the family members of EEA or EU nationals.

Your friend might not be too conversant with the EU rules .

I just did a research and found some information from the interior ministry which might be useful to you.

I think they have a consulate in the Philippines, but the visa processing will be done in Tokyo, Japan.

Contact them and get it confirmed.


Consulate of Bulgaria in Metro Manila, Philippines

# 6 Lippay Street San Lorenzo Village
Makati City
Metro Manila
Philippines
Phone:
+63-2-812-1169
+63-2-812-1173
+63-2-817-5449
Fax:
+63-2-812-8895


http://www.mfa.bg/en/index.php?option=c ... Itemid=441

Also look at the legislation that the Bulgarian uses to deal with the family of EEA national, and EEA nationals as well.

http://www.mfa.bg/en/files/European_Union_citizens.pdf
Smooth seas do not make skilful sailors

andy and ann
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Post by andy and ann » Thu Aug 06, 2009 11:47 am

Obie, please tell me how you unearth such gems? Whenever I am searching for documents on Bulgaria, i always end up with the UK's rules for Bulgarians!

We will be going to the consulate on monday, and will ask them about it, any idea how long a "Long Term Category D Visa" takes to process? We were only going to apply for an entry visa for her to Bulgaria. So I am pleased that we know which one to get now!

Thanks a lot

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Post by Obie » Thu Aug 06, 2009 12:28 pm

I think the visa would/should be issued as part of an accelerated process.

I suspect it will not take that long to be processed. That piece information about processing time does not seem to be forthcoming on my online search. You could give the consulate a call and see what they say.

I suggest you print out the application form below and fill it, so you will prevent unnecessary delays when you go there on Monday.

Make sure you have you marriage Certificate, your passport and just in case they start acting stupid, evidence you have funds. Your UK bank statement and bank card might be handy.

Once again i wish you every success. And remind them you are not applying for C category Visitor visa, but the D category visa, and that you are exempted from any fees as stated on their laws. Print those information just in case they act as if they don't understand.

I also gathered that the resident card once you are in Bulgaria will be issued on the same day, and it will be valid for 5 years as stipulated on the directive.

http://www.mfa.bg/en/files/docs/07_09_0 ... za_eng.pdf

I also tried to do a translation of the law into Bulgarian just in case they say they don't understand English. This is sometimes the games these embassy guys play.

http://translate.google.com/translate_t#

The link doesn't seem to work, but you can do the Google translation yourself and print it, if you can.

All the best to you and Ann.
Smooth seas do not make skilful sailors

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Post by Ben » Thu Aug 06, 2009 12:49 pm

Hi Andy,

You've received some excellent information here from Obie.

All the best.
I am no longer posting publicly on this website - PM me if needed.

andy and ann
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Post by andy and ann » Thu Aug 06, 2009 1:36 pm

Hi Benifa,

You are correct, and no matter how many times I thank Obie, it never feels like its enough! It amazes me the time Obie is taking to help.

Thankyou so much!

I can assure you that I won't be leaving the consulate until they have accepted the application, and I am sure that I can make them understand that all laws are being followed, with my little bit of Bulgarian and my wifes Filipino if not English! I will, certainly, be taking with me plenty of print-outs of the relative laws!

I did find this page though, which had me scared for a minute:

http://www.mfa.bg/en/index.php?option=c ... Itemid=441

It is a little bit strange as it doesn't mention the family of EU citizens. Don't worry I am not asking you to send me some information that it is incorrect, you have done enough for me!

I just find it funny with regard to the number of inconsitencies I have come across in the documents I have read both for Bulgaria and the UK!

In case you are wondering why we didn't travel, immediately to Manila, it is because it was Ann's birthday yesterday and didn't want to miss the cakes arrival! Also there is a typhoon in the area, it is my first typhoon and its pretty severe. It should easily be passed by sunday when we are travelling. Anyway, it is just as well because we would only be applying for the entry clearance visa for Bulgaria!

Thanks a lot though Obie, so very grateful for your valued time and advice!

I will just make it clear that once this is all over, I will not disappear from the forums, I will certainly do a full case study so that everyone can see what happened.

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Post by Obie » Thu Aug 06, 2009 2:06 pm

Andy,

Your wife by virtue of your influence meets the criteria for the D category Visa that is Issued for up to six months.

If you have a close look at it, it shows quote from their constitution clarifying which aliens are entitled to it. That quote relates to the spouse of Bulgarian nationals and the Family members of EEA nationals.

The one for one year is a different category and issued to people who meet the listed criteria.
Smooth seas do not make skilful sailors

andy and ann
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Post by andy and ann » Thu Aug 06, 2009 2:11 pm

Oh I see! Sorry about that!

I hope that you don't feel as though you are bashing your head against a brick wall!

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Post by Obie » Thu Aug 06, 2009 2:18 pm

Not at all mate. I found it confusing at first, as well until i looked at the law where those article they quoted originated.

Belated birthday to Ann. She must be delighted that you are able to spend it together.

I can smell romance in the air.
Smooth seas do not make skilful sailors

andy and ann
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Post by andy and ann » Thu Aug 06, 2009 3:11 pm

Ann said 'Salamat po! Thankyou in Filipino :)

I have another of my stupid questions coming up...

I think you are right that it would probably be better to get the Schengen visa, rather than lots of visas but...

Will the different consulates want to keep her passport? This could really slow things down if so! I read that the Schengen visa is sent back to you with your passport meaning that they keep it.

Or would it be better to apply for the entry clearance visas for Germany and Netherlands on that basis, I believe that all visas will be free in any case so it doesn't matter.

So sorry to keep on pestering you like this.

Obie
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Post by Obie » Thu Aug 06, 2009 5:12 pm

All of the countries in the EU except the A2 ( Bulgaria and Romania) accession countries as well as Britain and Ireland who opted out of the agreement, issue a uniform style Schengen visa. Which allows you to travel to Spain, France, Belgium Netherlands etc, without the need to apply for the visa's of these individual countries.

Occasionally, the country that issue you with this visa, prefer you travel to their country first before the other member states, or at least spend the most time in their country.

I am sure you will not have much difficulty obtaining each individual country's Schengen visa, but i do think all of them will need to hold your wife's passport for a while , which will be an unnecessary waste of time, for yourself and her.

I will suggest you apply to the country you intend to travel to first. However you can use the visa of one as a transit visa for another country.

I hope typhoon morakot would be contained in time for your trip.

Try not to lose sleep over that.
Smooth seas do not make skilful sailors

joe777
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Post by joe777 » Fri Aug 07, 2009 10:08 am

has your wife got a CFO Certificate in her passport ? i don't think she can leave the country without it :(

andy and ann
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Post by andy and ann » Fri Aug 07, 2009 12:33 pm

Hi, sorry for late reply, the typhoon took the internet last night and then the power for most of today. Its a lot calmer now and everything is working. Hope I am not tempting fate!

Sorry Obie I wasn't clear, originally I was going to apply just for entry clearance to Germany and Netherlands and then take the cheapest flight, now I realise that they will take the passport we will just apply for the schengen for one.

Hi Joe, yes my wife has done the CFO seminar already, but needs to go back there once she has the visa. It is another pain in the backside though thats for sure! We had to do that before she could get the passport reissued in my name.

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Post by Obie » Fri Aug 07, 2009 1:01 pm

The entry clearance or Schengen visa are synonymous terms.

The Dutch or German one will give you the same entitlement to travel to all the countries mentioned or the ones you might want to transit through.

I saw the devastating effect the typhoon is causing in far east Asian countries.

Hopefully it will not affect you traveling plans.

I was going to say previously that you seem to be getting a good grasp of the Filipino language. You might master it if you were to be there for the next year or two.
Smooth seas do not make skilful sailors

andy and ann
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Post by andy and ann » Fri Aug 07, 2009 1:03 pm

I was going to say previously that you seem to be getting a good grasp of the Filipino language. You might master it if you were to be there for the next year or two.
that doesn't fill me full of hope ;)

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Post by Obie » Fri Aug 07, 2009 1:06 pm

I was only teasing
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andy and ann
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Post by andy and ann » Fri Aug 07, 2009 1:08 pm

hehe thanks for confirming that!

I didn't realise that the entry clearance or schengen were synonymous terms. Thanks for clearing that up!

The typhoon does seem to be clearing, and with my mind set its unlikely (i hope) to be something to stop us from travelling. I will say that the infrastructure here regarding the roads is pretty good so hopefully we will be ok.

We would have had the application forms printed and filled now, but for the power. We will get that sorted tomorrow without problem I think.

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Post by glace81 » Fri Aug 07, 2009 1:54 pm

hi

Is your wife in her current passport now using your surname already? As CFO certificate is the one your wife will submit at the Department of Foreign Affairs, as their requirement for foreign wives changing their name for a new passport in Philippines.

andy and ann
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Post by andy and ann » Fri Aug 07, 2009 2:02 pm

Hi Glace81,

Yes, my wife has her passport in my name now, it was quite a recent piece of legislation because a Filipina was murdered by her US husband IIRC. So recent in fact that the person we paid to organise the passport change submitted it without the certificate, which cost us another 2 weeks for nothing! She still needs to go back there once we get a visa to get a stamp in her passport or else she won't be allowed to leave the country.

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