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Avoiding Bigamy Pitfalls in Partner Visa Applications: A Guide for Filipino Applicants & Australian Sponsors

What may Constitutes Bigamy in the Philippines?

Bigamy is a criminal offense under Philippine law and is specifically outlined under Article 349 of the Revised Penal Code.

It occurs when a person contracts a second or subsequent marriage before the former marriage has been legally dissolved or before the absent spouse has been declared presumptively dead by means of a judicial decree.

The penalties for bigamy are severe, with imprisonment ranging from ‘prision mayor to reclusion temporal’ (6 years and 1 day to 20 years). Additionally, the guilty party may also be ordered to pay moral and exemplary damages to the offended spouse.

https://www.respicio.ph/features/bigamy-elements-philippines#:~:text=The%20penalties%20for%20bigamy%20are,damages%20to%20the%20offended%20spouse.

What may Constitute Bigamy in Australia?

Section 94 of the Marriage Act 1961 (Cth) defines the offence of bigamy as a person who goes through the form or ceremony of marriage with any person when that person is already married, to another person. The maximum penalty for this offence is five years’ imprisonment.

https://www5.austlii.edu.au/au/legis/cth/consol_act/ma196185/s94.html

When Researching:

When developing a relationship with a person either from the Philippines or in Australia, it is essential AUSTRALIAN SPONOSORS and FILIPINO VISA APPLICANTS investigate past relationship(s) of their prospective future partner and ensure that they have not ‘tripped over themselves’ and committed BIGAMY, as it is deemed a serious offence, in both countries.

Getting Advice:

RESPALL Migration Australia with over 25 years of experience are acutely aware of these potential issues and how ‘excited visa applicant and sponsor’ can inadvertently walk into a potential Public Interest Criteria 4020 i.e. PIC 4020 is a requirement for the grant of most visas. Under PIC 4020, a visa might be refused if bogus documents or information that is false or misleading is given to the Department of Home Affairs or the Administrative Appeal Tribunal (AAT).

https://www.aat.gov.au/fact-sheets/migration-and-refugee-review-fact-sheets/public-interest-criterion-4020#:~:text=What%20is%20Public%20Interest%20Criterion,the%20Department%20or%20the%20AAT.

In Conclusion:

Get professionally and accurately assessed before deciding to get married or even commence any type of visa application to Australia from the Philippines.

Providing false and/or misleading information or bogus documents to the Department of Home Affairs is a sure recipe for a visa refusal.

Why not secure a ‘prospect of success in writing’ and lodge a stress-free permanent Partner Visa Application utilising the 5 Step Partner Visa Application Process developed by RESPALL Migration Australia for the past 25 years.

Just log-on to this LINK send us your contact details and get your lives and future plans back on track and achieve your personal, family and financial plans, so you get to enjoy life, NOW.

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