How Much Is A Visa Worth?

A prospective client contacted me several months ago. His Filipino wife was in Australia on a visitor visa (subclass 676 tourist visa), which had a “no further stay” condition attached to it. This condition prevents a visa holder from applying for multiple temporary or permanent visas while they are in Australia. 'No Further Stay' conditions include 8503, 8534 and 8535.

These are often applied to visa grants from Third World countries if the visa holder is considered a flight risk. In other words, they might continue to stay in Australia without the proper visa. This prevents the applicant from making another application for a visa while they are in Australia.

With this type of visa and condition, the man’s wife now had to leave the country before her subclass 676 tourist visa expired. The problem for them was the she was pregnant and was having some problems with her health, and her doctor did not want her to travel.

She had to leave before the baby was due, but it would be dangerous for her and her unborn child. This was a very stressful situation for this couple to say the least. Nevertheless, what can she do? It is possible to apply for a waiver of the 8503, if there are compelling and compassionate circumstances.

However, Australian immigration authorities rarely grant waivers, especially if the application is done improperly or poorly. Down Under Visa has had success with 8503 waivers before, and we believed that we could help this woman stay in Australia.  

Free Advice?

Apparently, when this bloke contacted me he was just looking for some free advice, because he wanted to apply for the waiver by himself. He sent me a copy of the cover letter he had written, and I told him frankly, that he needed professional help.

I have yet to hear back from him.

There are two things that I find disturbing about this man’s actions. Most importantly, why in God’s name would he endanger his wife’s migration status when getting the wavier was so crucial for her wellbeing and the baby? By trying to take on something that was clearly beyond him, he was considerably reducing their chance of success, as waivers are rarely granted, as I said before.

Australian Migration Law is a specialist area. Wouldn’t it make more sense to enlist the aid of an expert and increase your chance of success? Down Under Visa has actually had several lawyers as clients, because they were intelligent enough to know when to use a specialist.

I can only think that he was just trying to save some money. Which is why I ask, “How much is a visa worth? What price do you put on keeping your wife out of immigration detention? I’d like to think that immigration wouldn’t do that, but they would be within their legal right to do so.

Alternatively, they could deport her and they would have to wait several years for a permanent partner visa, which could be refused. Either way, there is the possibility that they could be apart for years, with no certainty of ever being together in Australia. Is it really worth saving a little bit of money for that?

The second point I would like to make is that while we love helping folks, we are also running a business to earn a living. We’re not giving out a lot of information free, or we would be out of business. Although, out blog post will give you some general knowledge of the issues you have with getting a partner visa.

Down Under Visa is reasonably priced and worth much more than our professional fees. Please don’t hesitate to contact Jeff Harvie and Down Under Visa for any immigration to Australia issue you have. Don’t try to do something so important by yourself. Always insist on a Registered Migration Agent!

Client Illegally Overstays in Australia – Now Has Permanent Visa!

Down Under Visa was contacted by a woman who found herself in a very difficult situation. She was basically a victim of poor advice and poverty. When you are poor, family pressure and desperation can make you do things that you shouldn't do. This young woman made the mistake of visiting Australia intending to overstay her visa and work, so she could help her family.

When immigration caught on to her, she was banned for 3 years and had to return to the Philippines. Then, unbelievably, (or believably) her family told her to try again by getting a fake name and fake passport - and do the whole overstay thing again! Well guess what? The scheme worked! She made it back to Australia and overstayed her visa a second time!

This second time around she began a steady relationship with an Australian citizen and became pregnant. This was a real wake-up call when she realized that she could be discovered and sent back again. She would then be in danger of losing her new love and her baby.

Someone referred her to Down Under Visa after another migration agent had advised her to leave Australia and to apply offshore. It is a good thing that she didn't take that advice because if she had, the poor mom-to-be would have had almost zero chance of returning once she left the country.

Our solution was to prepare her application and wait until the baby was born. We knew that when a baby is born in Australia fathered by an Aussie dad, the child is automatically a citizen. When her baby came, the visa application was presented onshore in Australia. Down Under Visa was pretty sure that immigration would not deport a mother and separate her from her baby and its Australian father.

It was a long hard fight, but now this young lady has a permanent visa (Subclass 801) that lets her stay for as long as she wants. This was a great victory for our both our client and for Down Under Visa.

Getting fiancée visas, spouse visas, and de facto partner visa applications through is fairly easy for us, after all these years. This one we had to work especially hard for, but a challenge is something that we don’t shy away from and just makes us work even harder.

For those of you who would say she didn't deserve it because she was an “illegal alien,” remember, we are practitioners of Australian Migration Law, and we believe that all people are entitled to a strong legal defense so that they receive justice.

We never give up on a client. Now this client is able to enjoy the rest of her life with her little girl and her partner, secure in the fact that she won’t be deported again.

If we can battle through a long and difficult case like this one, just imagine what we can do for simpler visa cases where there are no unlawful immigration issues! If you need help getting your Filipina lady to Australia, legally, I know that we can help you!  

Down Under Visa

Migration “Advice” Forums - The DIY Path to

Being a Migration Agent, I sometimes visit internet forums. Very often I am appalled when I see the crazy advice that some people give who have 10% knowledge and 90% confidence. I used to try and correct their erroneous advice, but I have stopped since these 10%-experts will just argue with their 90% confidence that they are right.

The ones, who are asking for advice, are usually trying to save a bit of money by applying for the visas without the aid of a RMA (Registered Migration Agent) such as myself. These unfortunate blokes are most likely dicing with their future happiness. I am not saying that I am the only Migration Agent who can help; there are other qualified RMA’s.

When I see the wacky things men are being told to do or are doing on their own, I can see the nightmares they are making for themselves. They are at worst ruining their chances of getting their Filipino lady to Australia - or at the least adding extra years to their waiting time. This already can seem like ages because, of course, couples are anxious to start their new life together in Australia.

If you are visiting migration forums and taking advice from these ten-percenters, you should realize that it is ILLEGAL for non- RMA’s to hand out migration advice, whether it is on online forums or otherwise. Just like it is illegal for individuals to give legal or medical advice without the proper credentials, it is no different for migration amateurs.

If someone is lucky enough to get a visa through all by themselves, this does NOT mean that they are qualified to give advice to nameless people on a website. Just look at how many failures and sad stories you see when you visit an online Australian Migration forum. While I wouldn’t say never visit one, just think carefully before you gamble with the future security and happiness of you and your loved one.

Don’t take the advice of a complete stranger online who call themselves “weluvsfilipinaz,” and risk your future! If you are looking for a prospective marriage visa or a partner visa for your Filipina lady, our Down Under Visa family is here to offer you professional advice and help.

Making the Marriage Last Longer

Children and Your Marriage

Many men don’t address one important issue before they get married, which can lead to problems down the line. If your lady is still young, they will most likely want to have children, if they don’t already. (That is a different issue to discuss in another blog post. Filipina women will definitely want kids.

If you feel that you’re too old to have children, or simply would prefer not to, or maybe you had a vasectomy years ago, then you must consider this before you go forward with a relationship. Don’t lie about it to her. If you have been “snipped” or have no interest in having kids, tell her in the very beginning. Give her an opportunity to back out.

If you lie about it, and she finds out later that you can’t or don’t want to father her children, don’t expect her to just laugh it off. She may very well leave you, and who could blame her if she did? Don’t believe her when she says, “Oh, it’s OK if we don’t have kids.” She may convince herself of that because of her desire to be with you, but it will come back to haunt her as the years go by, and she is getting past the age of being able to have children easily.

If she’s already has children, she will be far more understanding. You CAN believe her then if she says it’s OK. Marrying a single mum is something that you should consider. It is like having an instant family; you get more to love with two, three, or even four family members!  Moreover, you’re giving a child/children a Tatay (Tagalog for father), which is a beautiful thing; I can promise you I know about that!

Jealousy and the Perv

Jealousy in a relationship is normal and healthy. If a woman values you, she will be jealous. She doesn't want to share you with anyone or lose you. If you are accustomed to “Perving” - looking at other women - looking at Internet porn, etc., and making comments about them it in front of your wife, you will HURT her! It doesn't matter if they are just pictures.

Men are able to look at beautiful women and not get emotionally involved. I think it is in our genes. However, women need to be more emotionally involved before they “perv.” Men get this, but women don’t. If she doesn't care about you perving, then this means she doesn't really value you in my opinion. You should feel privileged if someone values you enough to be jealous.

Jealousy can destroy a marriage, and Filipino women tend to be more jealous than some others are. So don’t give them an excuse to be. Please, always try to understand each other and be sensitive to her feelings. Understand that she looks at many things differently than you do.

Forgive the small things. If she’s hurting, it is your job is to care.  Stop trying to defend yourself or to point fingers. Remember that she is a special gift you were given, and that vision and perception you had of that person and all their goodness in the beginning is still there. Always try to be the man she deserves and don’t forget it!

While it may not be easy all time – I guarantee you that if you follow the advice I am giving, you will have a much better chance of making your marriage last! 

Making Your Marriage Last

Making it last is the hard part!

Allow me to share a few thoughts that I hope will help your marriage go more smoothly and last forever.

Number one is – make the right choice from the start! Maybe it is too late in the game for some of you gents, but I hope that you can read this before making a bad decision!

Sometimes the cliché of the “poor girl from a poor family who will do anything for a good life” is true. She is young and not very experienced; maybe she has never even left her town or Provence. An Aussie man shows up, and to her he is a gift from god.

She falls in love, and he thinks he is the luckiest bloke in the world. They get married, get her visa, and the years go by. Her memories of poverty have faded away. She starts having second thoughts and says to herself, “What was I thinking?”

The problem is, that she was never in love with you, hardly even knew you, it happened fast. If you use the head and ignore the fog of romance (and horniness), you will KNOW when somebody is really in love with you. You really do! If you are honest with yourself, you will see that there’s not enough substance.

Sometimes you need to think for the girl, and you need to back off and do the right thing. 

Wear the trousers

I’ve touched on this before, and it is worth repeating. 

Most Filipina women want their men to be men!

Someone has to wear the trousers in your family, and your wife will do it if you don’t, rather than let the family fall apart. This goes against her nature, but if this happens, it is YOUR FAULT – not hers.

I have witnessed situations where the Filipina wife comes home after working hard all day, only to find her husband just lounging around in his underpants watching TV. He hasn’t gotten up off his lazy ass all day and lifted one finger to do anything around the house. Hasn’t hung out the laundry or washed one dish. Of course, she will be angry and lose respect for him. There’s something very wrong with this picture, a recipe for failure of the relationship.

My wife is my partner in our practice, but I am still the man in the driver’s seat and always make sure that I take more on my shoulders than she does. This is very important for many reasons. It’s important for her and important to making your marriage last.

A man’s value is granted by what he produces.

That is our nature.

If we don’t produce, we will stop valuing ourselves.

When we have low self-esteem.

Our wife’s will notice it,

Then they start to lose respect for us.

It is as simple as that. Don’t let it happen. Pick yourself up, and be someone that your wife can respect and love. 

How to Make Your Marriage Last

While there are some cultural differences between a Filipino woman and an Australian or any other nationality, still marriage is marriage. Just because there isn't any divorce in the Philippines doesn't mean that a Filipina will never any disagreements with you. She will not blindly follow everything you say. Marriage takes work no matter whom you marry.

Of course, when she finally gets her visa and you bring her to Australia, everything is very exciting and wonderful. You wake up in the morning with her next to you, she fusses over you, your life seems complete now, and you think you will live happily ever after in wedded bliss!

As time goes on and you have your first argument, reality sets in. Oh wow, my wife is mad at me and hasn't spoken to me for days. What went wrong? Nothing has gone wrong really. She is a woman, and as they say - men are from Mars, and women are from Venus!

Sometimes it is just a lack of communication. A misunderstanding based on an expression that was not understood for example, because Filipinos never heard that expression, or don’t have the same sense of humour. One time a client of mine told me that he said to his wife, “See ya in a while crocodile,” and his wife got so mad because she thought he was saying her skin was like a crocodile!  

Little things can cause problems you would never anticipate.  We see many couples who are happy, but sometimes we hear back from clients and find they are really struggling in their relationship. Most of the time their problems are not real problems at all. They’re caused by their own ignorance, ego and inflexibility.

We really hate to see that, especially when you think of how hard they struggled and what they went through to get where they are, only to see a dream turn into a nightmare. I wish I could just shake them, and say, “What’s the matter with you?” 

Australian Visa, Down Under Visa, Fiancee Visas, Philippines to Australia

One of the most common issues that Australian men have questions about in regards to getting visas for the women they want to bring to Australia - is the legal status of a prospective partner who is married.

Down Under Visa recently had a client contact us because he was concerned that an attorney in the Philippines had told him that he must get an annulment in the Philippines because he had married his estranged wife in the Philippines. This was going to take a very long time and cost an exorbitant amount.

No doubt, the attorney saw him coming and decided it was time to have his house renovated! Things like this do happen in Philippines, unfortunately.

There are some Filipinos who want to get married outside of the Philippines. Some do, and there is nothing wrong with this. However, if they think they are going to get a divorce out of the country, it is not going to happen. There is no divorce in the Philippines, and leaving the country isn’t a legal loophole.

Art. 15 of the Civil Code states:

“Laws relating to family rights and duties or to the status, condition, and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad.”

In other words, Filipinos, no matter what part of the world they are in – are bound by Philippine laws, including those of divorce. Therefore if your Filipina is married, it won’t matter where she gets the divorce, as it will be void or invalid in the Philippines.

However, here is the catch. This means a Filipino who is married to another Filipino. In the case of a Filipino citizen and a foreigner, it is different story.

Divorce decrees secured outside the Philippines are recognized in certain instances.

Article 26 (Paragraph 2) of the Family Code says:

All marriages solemnized outside the Philippines, in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Articles 35 (1), (4), (5) and (6), 3637 and 38. (17a)

Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law. (As amended by Executive Order 227)

Just to make this clear - Philippines Law recognizes overseas divorces, and allows remarriage; however, this only applies to you as an Australian who needs a divorce.

Don’t be fooled by dishonest lawyers, as our client’s lawyer tried to do before we informed him of the truth. You will have to wait much longer than you need to. You can easily get a divorce in Australia, and it’s simple, quick, and inexpensive!

As stated in the first part of this blog - If you meet a Filipina who is already married to another Filipino, then she is bound by Philippine Law if she wants to end her marriage legally. This is by no means an easy thing to do.