Filipino gf to Australia

aussiedingo

Hi there. Hoping for some advise from you guys if possible.

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 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 you can provide will be greatly appreciated and will assist in what course we should take.

cucci

If I understand Australian laws correctly, you can be in a "de facto relationship" even if already married to someone else.

A de facto relationship, under the Family Law Act 1975, is defined as a relationship between two people (who are not legally married or related by family) who, having regard to all of the circumstances of their relationship, lived together on a genuine domestic basis.
https://damiengreer.com.au/de-facto-relationship-australian-law/

The operative phrase is lived together on a genuine domestic basis which can be proven and supported by the following factors:

• The duration of the relationship (i.e. whether the parties have lived together for a period of 2 years or longer);
• Whether a sexual relationship existed;
• Whether there are any children of the relationship;
• Whether a sexual relationship existed between the parties;
• The extent and nature of shared residence;
• The degree of financial dependence between the parties;
• The degree of mutual commitment toward a shared life;
• The reputation and public aspects of the relationship; and/or
• Ownership, use and acquisition of the parties’ property.

Now as to your specific questions:

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?

Yes, divorce is not recognized in the Philippines but both parties can agree to a legal separation, albeit it will take some time and some resources (lawyers' fees, court appearances, etc.)

Also can the husband do anything malicious to her visa application?

I do not think so because as earlier mentioned, de facto relationship can be present even if one or both parties are legally married to other partners.

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?

It can because whlle cohabitation and co-dependence (financially, emotionally) are just some of the factos being considered in proving a de facto relationship, they are more or less high in the consideration of rank among the other factors... afterall, what is the purpose of being married or in a relationship with a significant other... this is just highly my opinion, though.

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.

While this may hold true, Filos can be very forgiving or maybe adaptable specially if it is known that the past relationship is bad and unhappy and showing that the next could be better... which of course implies that the family and friends get to know you better.

Now, what are your options?
1. Will she qualify for other visa options and not just partner visa (GSM 189, 190, 491)? Am sure you have considered this pathway... just stating because it is the best option and without the hurdles of proving relationship status
2. Visitor visa... just for starters.... to prove that you've met and have stayed together for some time.
3. You visiting and staying in the Philippines for some time... perhaps spending a month or two in a year. Part of getting to know each other more aside from video chats. Then perhaps after about 2 years or so apply for a partner visa. This would also allow time for the proceedings of the legal separation to come through and avoid complications such as her being filed with an adultery case in the Philippines and while no bearing in the visa application, can cause trouble with immigration upon exit (not so sure if adultery case can be a reason to have a hold departure order.)