Filipino gf to Australia assistance

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Filipino gf to Australia assistance


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Old 05-11-2020, 07:02 AM
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Filipino gf to Australia assistance

Hi there

Hoping some people on here have gone through similar situation who can help us out and provide some guidance. So a long story short. I met a Filipino girl online just over a year ago. We corresponded for a while and I went to meet her in November and January. I would have visited her again around now but obviously with this virus that is not currently possible. We have got to the stage that we get on so well I would like to bring her here. One of the biggest issues is she is currently married to an Australian citizen. Obviously she can't divorce him in the Phillipines. Would her being married effect her visa application? From what I have read it wouldn't and we can get her divorced here but it just won't be recognised in The Phillipines...is this correct? Also can the husband do anything malicious to her visa application? Would also the fact I have only met her twice, even though we correspond daily for the past year, have an impact on her application? I haven't met her family either, as her mother is quite a traditionalist, so my partner hasn't told them she has met me yet as it would be frowned upon since she is married, even though she is unhappy in the marriage. We were going to do this at a later date once she is comfortable here but I raise this now as I know me having met her family and friends is a good thing to have done when applying for partner visas. This is where my partner is greatly concerned. She fears if we can get her here, I would imagine on a visitor visa, then reapply for another visa while she is here she may be deported after the 3 months and go home to face ridicule from her family. We both feel in due time her family will accept she could no longer stay in the marriage but her biggest fear is the going home after the 3 months when the visa expires. Any help anyone can provide will be greatly appreciated as seem to be getting different advice elsewhere.


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Old 05-11-2020, 08:23 AM
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Quote:
Originally Posted by aussiedingo View Post
Hi there

Hoping some people on here have gone through similar situation who can help us out and provide some guidance. So a long story short. I met a Filipino girl online just over a year ago. We corresponded for a while and I went to meet her in November and January. I would have visited her again around now but obviously with this virus that is not currently possible. We have got to the stage that we get on so well I would like to bring her here. One of the biggest issues is she is currently married to an Australian citizen. Obviously she can't divorce him in the Phillipines. Would her being married effect her visa application? From what I have read it wouldn't and we can get her divorced here but it just won't be recognised in The Phillipines...is this correct? Also can the husband do anything malicious to her visa application? Would also the fact I have only met her twice, even though we correspond daily for the past year, have an impact on her application? I haven't met her family either, as her mother is quite a traditionalist, so my partner hasn't told them she has met me yet as it would be frowned upon since she is married, even though she is unhappy in the marriage. We were going to do this at a later date once she is comfortable here but I raise this now as I know me having met her family and friends is a good thing to have done when applying for partner visas. This is where my partner is greatly concerned. She fears if we can get her here, I would imagine on a visitor visa, then reapply for another visa while she is here she may be deported after the 3 months and go home to face ridicule from her family. We both feel in due time her family will accept she could no longer stay in the marriage but her biggest fear is the going home after the 3 months when the visa expires. Any help anyone can provide will be greatly appreciated as seem to be getting different advice elsewhere.
You really need the expert help of a Registered Migration Agent
I would suggest that before you do anything else you contact Westley Russell at pinoyau.com , he may be able to assist you.

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Old 05-11-2020, 08:30 AM
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Quote:
Originally Posted by aussiedingo View Post
Hi there

Hoping some people on here have gone through similar situation who can help us out and provide some guidance. So a long story short. I met a Filipino girl online just over a year ago. We corresponded for a while and I went to meet her in November and January. I would have visited her again around now but obviously with this virus that is not currently possible. We have got to the stage that we get on so well I would like to bring her here. One of the biggest issues is she is currently married to an Australian citizen. Obviously she can't divorce him in the Phillipines. Would her being married effect her visa application? From what I have read it wouldn't and we can get her divorced here but it just won't be recognised in The Phillipines...is this correct? Also can the husband do anything malicious to her visa application? Would also the fact I have only met her twice, even though we correspond daily for the past year, have an impact on her application? I haven't met her family either, as her mother is quite a traditionalist, so my partner hasn't told them she has met me yet as it would be frowned upon since she is married, even though she is unhappy in the marriage. We were going to do this at a later date once she is comfortable here but I raise this now as I know me having met her family and friends is a good thing to have done when applying for partner visas. This is where my partner is greatly concerned. She fears if we can get her here, I would imagine on a visitor visa, then reapply for another visa while she is here she may be deported after the 3 months and go home to face ridicule from her family. We both feel in due time her family will accept she could no longer stay in the marriage but her biggest fear is the going home after the 3 months when the visa expires. Any help anyone can provide will be greatly appreciated as seem to be getting different advice elsewhere.
I think you have problems. With such a short time together, a PMV (subclass 300) would normally be the only option, but proof of being single is needed. Not possible in your case.

I feel you would need to use a migration agent to get any chance.

There are many questions on this. One that might be asked is how long ago did she marry the other Australian, and what are her (and his) reasons for the issues with the marriage.

I know of at least one relationship, in the Philippines, where the Australian wanted to stay living in the Philippines, and the Filipina then decided he wasn't the right man for her.

But on the flip side, I know of a Filipina that ended the relationship because she wanted to stay in the Philippines, and NOT move to Australia, with her Australian partner.

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Old 05-12-2020, 07:54 AM
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Quote:
Originally Posted by aussiedingo View Post
Hi there

Hoping some people on here have gone through similar situation who can help us out and provide some guidance. So a long story short. I met a Filipino girl online just over a year ago. We corresponded for a while and I went to meet her in November and January. I would have visited her again around now but obviously with this virus that is not currently possible. We have got to the stage that we get on so well I would like to bring her here. One of the biggest issues is she is currently married to an Australian citizen. Obviously she can't divorce him in the Phillipines. Would her being married effect her visa application? From what I have read it wouldn't and we can get her divorced here but it just won't be recognised in The Phillipines...is this correct? Also can the husband do anything malicious to her visa application? Would also the fact I have only met her twice, even though we correspond daily for the past year, have an impact on her application? I haven't met her family either, as her mother is quite a traditionalist, so my partner hasn't told them she has met me yet as it would be frowned upon since she is married, even though she is unhappy in the marriage. We were going to do this at a later date once she is comfortable here but I raise this now as I know me having met her family and friends is a good thing to have done when applying for partner visas. This is where my partner is greatly concerned. She fears if we can get her here, I would imagine on a visitor visa, then reapply for another visa while she is here she may be deported after the 3 months and go home to face ridicule from her family. We both feel in due time her family will accept she could no longer stay in the marriage but her biggest fear is the going home after the 3 months when the visa expires. Any help anyone can provide will be greatly appreciated as seem to be getting different advice elsewhere.
Where is the Australian husband? In the Philippines or in Australia?

Where did they get married? It sounds like it might have been in Australia, from your post.

When did they get married?

How long have they been separated? You'd need substantial proof.

If it's a Filipino marriage then there can be no divorce. There can be a legal separation and then annulment, but no divorce.

If it was an Australian marriage then they could get divorced in Australia and if she is here then she can instigate it.

Let's have some details. My partner, now here in Oz, is a Filipina and still married in Philippines, but separated for 8 years now. We've been through the process and now awaiting our Partner Visa.

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Old 05-12-2020, 12:52 PM
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Thanks to everyone who has replied so far.

In response to FreddoBee…

Her husband is in Australia.

They were married in the Phillipines 2 years ago.

Technically in the husband's eyes they are still together and he wants to bring here here but he hasn't visited her in 9 months now so she has moved on and the 8 years they were together he only visited her in short visits. Though she has hinted it to her family, in particularly her mother, that the marriage is over the family still think the marriage is OK as her mother believes marriage is sacred so she won't accept she can leave him.

From the migration agents that have been willing to talk to me we could find it hard to even get her in on a Visitor Visa as some believe we would find it hard to prove she isn't here intending to stay and applying for another visa once she gets here. Others say we really need to have lived together for 12 months but how do you get that if she's there and I am here? I can't live elsewhere as my job is here. One agent said that short visits don't count so how do you get around this requirement? What would be your advise in going forward for us??


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Old 05-12-2020, 11:46 PM
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Quote:
Originally Posted by aussiedingo View Post
Thanks to everyone who has replied so far.

In response to FreddoBee…

Her husband is in Australia.

They were married in the Phillipines 2 years ago.

Technically in the husband's eyes they are still together and he wants to bring here here but he hasn't visited her in 9 months now so she has moved on and the 8 years they were together he only visited her in short visits. Though she has hinted it to her family, in particularly her mother, that the marriage is over the family still think the marriage is OK as her mother believes marriage is sacred so she won't accept she can leave him.

From the migration agents that have been willing to talk to me we could find it hard to even get her in on a Visitor Visa as some believe we would find it hard to prove she isn't here intending to stay and applying for another visa once she gets here. Others say we really need to have lived together for 12 months but how do you get that if she's there and I am here? I can't live elsewhere as my job is here. One agent said that short visits don't count so how do you get around this requirement? What would be your advise in going forward for us??
I lived with my Filipino partner for 2 years in Philippines and marital situations there are complex and never easy.

Marrying in Philippines is marrying for life. There is no divorce in Philippines.

The option is annulment. This costs usually between $7k-$10k and can take years to complete and is not always successful. Is she prepared to pay for that? Her husband? You?

Be very careful, as many Filipinas will persuade a boyfriend to pay for their annulment then kiss the person goodbye if/when they get it.

If your lady feels she has been deserted by her husband she may be able to apply for legal separation. The cost is about $2k but does not carry the right to remarry. Desertion is if he doesn't contact her for 12 months or more, so at this stage she can't play that card.

I feel that you won't get any support for evidence either from her family or her husband to say that their marriage has broken down irretrievably. Her family don't want her to end her marriage and you say that her husband stills feels that their marriage is continuing, and this is true while there is no legal separation or annulment.

In the Philippines the husband holds the reins.

It's not an easy situation for you. At this stage you don't appear to have any evidence of being in a committed and genuine relationship and it's highly improbable that she could obtain a Visitor Visa.

You don't say if there are children involved. This would further complicate matters.

Does her husband support her financially? If he doesn't, this might help her case for separation.

I'm no expert, but I don't see any easy path for you.

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Old 05-13-2020, 12:02 AM
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Although there's no requirement to live together to prove a de facto relationship, you would need to demonstrate the 4 categories very strongly if you aren't living together: Financial aspects of the relationship, Nature of the household, Social aspects of the relationship, Nature of the commitment. If she's still married, particularly if the husband and her family consider her to be married, you will struggle to demonstrate these categories well.

I'd suggest you speak with a migration agent to see how to proceed.

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Old 05-13-2020, 10:31 AM
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Quote:
Originally Posted by aussiedingo View Post
Thanks to everyone who has replied so far.

In response to FreddoBee…

Her husband is in Australia.

They were married in the Phillipines 2 years ago.

Technically in the husband's eyes they are still together and he wants to bring here here but he hasn't visited her in 9 months now so she has moved on and the 8 years they were together he only visited her in short visits. Though she has hinted it to her family, in particularly her mother, that the marriage is over the family still think the marriage is OK as her mother believes marriage is sacred so she won't accept she can leave him.

From the migration agents that have been willing to talk to me we could find it hard to even get her in on a Visitor Visa as some believe we would find it hard to prove she isn't here intending to stay and applying for another visa once she gets here. Others say we really need to have lived together for 12 months but how do you get that if she's there and I am here? I can't live elsewhere as my job is here. One agent said that short visits don't count so how do you get around this requirement? What would be your advise in going forward for us??
This is very complicated and I'm not sure I can add much more to what others have already said. You need to 'establish' your genuine and ongoing relationship. For now, I think your only option is to visit her in the Philippines or if she can get a visitor's visa to visit you in Australia, in order to continue your relationship and build the 'evidence' of your relationship. Where do you live? I am not sure if relationship registration could be an option, have you looked into that? She definitely needs to pursue annulment of her marriage. A reason for a visitor's visa to be granted is to visit an Australian citizen to further develop an established relationship. Has she travelled before? She could argue compliance with previous visas if she has. All I could suggest is trying to get a visitors visa, then building on your evidence as mentioned above.
Good luck, this is a very tricky situation, with no quick or easy solution unfortunately! Hope this gives you some ideas

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Old 05-13-2020, 02:57 PM
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Thanks everyone for your advice. Looks like best way going forward is to see each other as much as possible to provide enough evidence we are legit. It sounds like getting her a Visitor Visa isn't that straight forward either. If I can get her one and she leaves after the 3 months can you apply for another Visitors Visa not long afterwards??


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Old 05-13-2020, 05:07 PM
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Visitor visa is not resident visa n she need to show she come to Australia purely for travel but not intend to stay in Australia! Second time to apply is hard

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