Heartbroken

[357mag]

After so many attempts my gf has given up, she flys back to the Philippines in 3 weeks and I will probably never see here again. My life feels like its reached a bitter end.
I can hear the Aswang in the Home Office cackling with glee.

[Obie]

I don't think she should go, she would succeed in the end.

Have you got a plan B now that she is planning on going?

[357mag]

Plan B is I go rent a place in Bulgaria and we try for visa under durable relationship.
Plan C I fly to PH then we go to HK to get married then try for visa in Ireland under EEA route but I cant work (currently on ESA which will still be paid if I go abroad I hope) so would have to be as selfsufficient and try to come home using C456-12.
Plan D wait till I have my assesment for PIP and try for fiance or spouse visa.
Plan E take a rope and go for a walk in the woods.

Shes had 2 Capita letters and the last one broke her, her flight is booked and paid for, just hoping she dont get a ban for being an overstayer. Her oldest sons wedding is soon so there is that drawing her and she hasnt seen her 4 boys in 5 years so I dont blame her for going. There is a strong risk that we will drift apart because long distance relationships mostly fail, so I'm back to plan E.

[357mag]

Well she flew back to Philippines 30 Nov, she didnt get a ban stamp yet dont know if they will send notice of a ban or it would be imposed if she tries to get back here. She was an overstayer but left at her own expence.

Currently making plans for me to fly to Philippines end of January and plan to marry in Hong Kong early Feb. Pain in the butt getting both our divorce decrees certified and apostilled.

Hong Kong has the advantage of no need to be resident and it can be arranged online as well as done in English. Only need to be there day before wedding to show docs so 2 days in country. And no visa required for UK or Philippines citizens.

After marriage she will go back to PH and I fly back here to arrange accomodation somewhere in Europe, looking at Malta or Cyprus because cheaper rents than Ireland, or Bulgaria because very cheap rent and possible to get residence permit quicker. (willing to share if anyone has room) Once I get an address she applies visa to join me.

I'm not able to work (disability) so hope to come back using C-456/12.

As a side note. She was in the UK and working she actually earned over the £18.6k last year and was paying her taxes never drawing anything in the way of benefits. She got booted out no doubt at great expense to the UK, our plan is going to take close to £10k which will be spent outside the UK so a loss to the British ecconomy. Shes coming back in the end so this exercise will not have reduced the immigration figures in any way. Oh and shes claimed back all the income tax she paid this year. Hope UK government are happy with that. Will it gain the Conservatives votes? Well I will never ever vote for them again.

[357mag]

I'm getting old and my brain is not as active as some of you young folks, anyway I've moved some dusty old crates around in the attic and found room to formulate an idea. I would appreciate a second opinion though.

We have plans to marry in HK, 23rd Feb, then move to Cyprus in April.
For the application for residence certificate.....
If I went as a worker, self-employed or student I would have to prove wages or a course which could take a while to get together.
I'm going there as "self-sufficient", the evidence we need is bank statements, rent agreement and CSI, these can all be arranged before we even get to Cyprus.
Certain countries are taking the full 6 weeks to issue residence certificates but Cyprus Bulgaria and a few others only take a few days, you can even get it issued on the spot if you pay for expediated process (bribe).

Ok, so we might get it a bit quick, maybe in days. My thought being we could stay in CY maybe 4 weeks then go to UK for a holiday, hopefully by May the UK will honour the finding in Sean McCarthys' case and allow us to travel without a visa. So up to 90 days? in UK, we would take 4 weeks then return to CY for the rest of my planned exile.

I eventualy plan to return to UK using C456/12, but I kind of expect UKVI to say marriage of convenience or cheating the free movement rules and I cant see any defence against that.

[UKBA HUNTER]

I read your story but can only advise that whatever option you adopt but be very careful because sometimes the things planned via theory ignite more complications. Some EU countries have more complex visa/resident permit system which may realisable when practically involved in it. Sometimes trees look green from far but when reach near then it may not look green. You and your girlfriend seems rich then why not she come first on student or entrepreneur visa then you both settle things in uk.

[357mag]

Not rich by a long way, we saved £8k to do this so having to make every penny count.

She wont be able to get back into UK because she left as an overstayer, hoping that being married and using EEA rules we can get around that.

[UKBA HUNTER]

If she overstayed between 28 days to 90 days and left her own expense then she won't be banned in future.

[UKBA HUNTER]

Hello 357mag,

In addition to what you plan why not you prefer such EU countries too which residents permit holders can freely travel to UK without the need of EEA family permit. I heard that Estonia and germany among those countries but not fully sure. You can take your girlfriend there after marriage then you start treaty rights there apply her rc then travel toto UK.

[357mag]

Thank you that thought. I'm hoping the Sean McCarthy case will be over by the time we come back and UK will be required to accept residence certificate from all EU countries.
Cyprus seem to issue the cert very fast and as I will be there as self-sufficient we wont have to wait for pay slips. Just need CSI, bank statement and marriage certificate so can apply from day one in Cyprus.
Since 2009 Cyprus issues registration cert to EEA nationals on the spot when they apply, I'm hoping they will be quick to issue my wifes residence cert fast as well.