12 Comments Immigration law, student visa, employment visa, partner visa
As there is no divorce in the Philippines, and annulment is difficult if not impossible, I think rather that planning marriage to him you should look at a de-facto arrangement, that gets him into Australia, once he has been here for 12 months he can apply for an Australian divorce from her and after that is granted marry you.
Weve only been with each other for a few days as oppose to 12m0nths/2yrs/3yrs requirement. Our relationship is alm0st 5 years though, he nevr thought his "secret marriage" was registered at all. So it all just ruined everythng and triggered tension between the both of us. .. Would there be a chance for a de facto visa? Thanks again
kawaii 2009-11-17 19:29:17
Ok thanks martin0, but i still cant understand. So we could apply for a de facto visa or sumthng else like tourist visa so we could stay together for 12months? Based on my readings, de facto visa is refused if the couple nevr had lved togethr for 12 m0nths... :( this is so complicated than i thought. Thanks again, sorry to be a pain
Hi again... im back.. with the same old problem. I just asked my boyfriend to return the statutory declarations and some of the paperwork as these have gone past 3 months meaning the legality of these documents may have been expired (these were signed by the JP in Oct.)
we thought the tourist visa may still be 50-50 and we would be wasting lots of money if we apply for a tourist visa (whether or not its granted) since what we are after is a a visa that would make him be with me here in Oz permanently.
We've asked /inquired to around 5 lawyers now... and the least amount expected to dissolve his marriage was 150,000.00(approx 2,300 AUD)Pesos and the most was $200,000.00(more or less 5,000AUD) none of these could even guarantee if the case could be pursued quicker... apparently we were told that annulment/dissolution of marriage in the Phils may take up to 2 years... which is not fair. we've been in a long distance relationship for 5 years.. his wife is now with living with her own partner with kids... but it seems like all doors for oppurtunity have been closed... until I found these in the PMV check list:
>If you, your fiancĂ© or anyone included in your application is or has been married or in a registered relationship, certified copies of the marriage certificate(s) or registered relationship certificate(s).
>If you, your fiancĂ© or anyone included in your application has been permanently separated, divorced or widowed, a certified copy of the statutory declaration/separation certificate, divorce decree absolute or the death certificate of the deceased
My Questions are:
1)why would the immigration as for the certication of marriage?does it mean this could be a case to case basis and there may be a chance for them to consider mine?
2) Immi required for a certified copy of statutory declaration if my either one of us permanently separated... does that mean that even though he hasnt nullified his marriage, he could apply for a permanent visa if his wife signs a declaration that theyre separated and she has nothing to do with him anymore and the she would not intend to come to australia through my fiance in the future in case his visa is granted?
Please help me understand this... and i wish this could give us hope...
thanks in advance
As I said previously dissolution of the marriage in the Philippines is difficult and as you have advised, expensive with no guarantee of success. Getting to Australia and after the other conditions are met, applying for an Australian divorce would be much less expensive and much simpler. You will need to find ways around the other difficulties, statutorily declarations of the long tern separation could be a start.
You could do this thru an immigration agent, but they can be expensive also.