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Discussion Starter · #1 ·
Hi everyone, I have been trying to research if there has been cases that a visa sub class 461 was granted to someone that has been still legally married here in manila. Here in the Philippines it is very expensive to have an annulment and it takes a long time for the process. I was unable to process my annulment for those reasons but I have provided evidence that I am a single parent, I was abandoned by my husband.

My partner and I just submitted our application together with my 2 kids who are 17 yrs old for my eldest and 13 yr old for my youngest. We still pushed through in submitting our application even I am still legally married. I placed all evidence of our relationship even the statutory declaration of our friends and family. With pictures, receipts of money transfer, gifts etc, I am just wondering if there has been cases of the same circumstances that has been granted visa or if there would be any other options that we can do if the application will be refused?

Submitted application visa subclass 461: February 10,2016
 

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There is no reason you can't be in a de facto relationship if you are still married. My Filipina's are in the same situation, unfortunately. I think Immigration will grant your visa.

When you arrive in Australia, then it would be a good idea to visit a family lawyer and see if you can get a divorce. Nothing is stopping you getting a divorce in Australia.
 

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If you stated in your application that you were married and have your CEMAR, you should be OK in respect of this issue. If not, correct the information at once.

If the name of a non-custodial parent appears on your children's birth certificates, you have a problem, unless you have his written consent to remove the children.
 

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Discussion Starter · #4 ·
Hello Mr Russel,
Thank you so much for the feedback, one of my children has no father on the birth certificate, my eldest as he was not able to acknowledge my son when he was born. Though my youngest, we were already married that time. The only thing is I was abandoned by the father of my children and I don't know where he is, I don't know how to go about it as it has been already 10 years. Will this affect the application of my youngest child to be granted visa?
 

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Discussion Starter · #5 ·
Oh Mr Russle I was not able to include the CEDMAR, as it is a Certificate of No Marriage what I included was my marriage certificate from the father of my children and as a proof of the change of my last name. And my single parent identification as a proof that I have not been living and being supported by my husband. With an affidavit indicating I am supporting my children and was abandoned since 2006. I guess the question is do I need to have the CEDMAR be submitted even I am still legally married? Can I just submit that as additional requirements or so I need for the embassy to ask that before I submit it?
 

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Discussion Starter · #6 ·
There is no reason you can't be in a de facto relationship if you are still married. My Filipina's are in the same situation, unfortunately. I think Immigration will grant your visa.

When you arrive in Australia, then it would be a good idea to visit a family lawyer and see if you can get a divorce. Nothing is stopping you getting a divorce in Australia.
Hello Mr Hooper,
Thank you so much for your reply it gives my so much comfort to know that I am not the first in this situation. I'm just wondering if your partner has kids as well? And she also include her kids on the application ?
 

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Oh Mr Russle I was not able to include the CEDMAR, as it is a Certificate of No Marriage what I included was my marriage certificate from the father of my children and as a proof of the change of my last name. And my single parent identification as a proof that I have not been living and being supported by my husband. With an affidavit indicating I am supporting my children and was abandoned since 2006. I guess the question is do I need to have the CEDMAR be submitted even I am still legally married? Can I just submit that as additional requirements or so I need for the embassy to ask that before I submit it?

Here are the regulations to be satisfied:


4015 The Minister is satisfied of 1 of the following:
(a) the law of the additional applicant's home country permits the
removal of the additional applicant;
(b) each person who can lawfully determine where the additional
applicant is to live consents to the grant of the visa;
(c) the grant of the visa would be consistent with any Australian child
order in force in relation to the additional applicant.
4016 The Minister is satisfied that there is no compelling reason to believe that the grant of the visa would not be in the best interests of the additional applicant.

As a matter of course, the embassy checks for birth and marriage certificates
.
I strongly advise you to take professional advice about removing your children.
 

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Discussion Starter · #8 ·

Here are the regulations to be satisfied:


4015 The Minister is satisfied of 1 of the following:
(a) the law of the additional applicant's home country permits the
removal of the additional applicant;
(b) each person who can lawfully determine where the additional
applicant is to live consents to the grant of the visa;
(c) the grant of the visa would be consistent with any Australian child
order in force in relation to the additional applicant.
4016 The Minister is satisfied that there is no compelling reason to believe that the grant of the visa would not be in the best interests of the additional applicant.

As a matter of course, the embassy checks for birth and marriage certificates
.
I strongly advise you to take professional advice about removing your children.
Hi,

I am a it confused, why would I need to remove my child in the application? I am a solo parent and was abandoned by the father of my children. Do I need to look for the biological father and ask for consent that my children is traveling to Australia?

We already finished our medical and the additional medical information last April. There was no additional information that was asked to include a consent from my Filipino husband.

In my application, I included a 'solo parent ID' this identification is government issued here in the Philippines for single / solo parent that is abandoned and not financially supported by their spouse/ partners. Is there a possibility that my application and my children's application be refused because of this? Because I need a consent from the spouse that abandoned us? Thank you in advance for your advice.

Regards,
AngelPinay21
 

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Discussion Starter · #9 ·

Here are the regulations to be satisfied:


4015 The Minister is satisfied of 1 of the following:
(a) the law of the additional applicant's home country permits the
removal of the additional applicant;
(b) each person who can lawfully determine where the additional
applicant is to live consents to the grant of the visa;
(c) the grant of the visa would be consistent with any Australian child
order in force in relation to the additional applicant.
4016 The Minister is satisfied that there is no compelling reason to believe that the grant of the visa would not be in the best interests of the additional applicant.

As a matter of course, the embassy checks for birth and marriage certificates
.
I strongly advise you to take professional advice about removing your children.
Hi,

I am am confused, why would I need to remove my child in the application? I am a solo parent and was abandoned by the father of my children. Do I need to look for the biological father and ask for consent that my children is traveling to Australia?

We already finished our medical and the additional medical information last April. There was no additional information that was asked to include a consent from my Filipino husband.

In my application, I included a 'solo parent ID' this identification is government issued here in the Philippines for single / solo parent that is abandoned and not financially supported by their spouse/ partners. Is there a possibility that my application and my children's application be refused because of this? Because I need a consent from the spouse that abandoned us? Thank you in advance for your advice.

Regards,
AngelPinay21
 
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