immigration laws in getting the dependants.



ORIGINAL POST
Posted by red_warrior 14 yrs ago
good day to every body...

this matter is about my best friend, he is from philippines and work in hong kong for almost 5 years his problem is he get married here in hong kong with a chinese girl last month but actually he is married in phillipines but no contact or communication on that so called X-wife and as what he said the girl is having a new husband and children also... now the problem is this the chinese wife is processing his dependant visa here in hong kong and he is scared that maybe the hong kong government will check directly to philippine government and turn down his appliation for the visa... im just concern about him coz maybe he will be deported or jaild if just like that will happen...

thank for the advice you can share guys....

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COMMENTS
car_lover 14 yrs ago
based on my experience, u actually hv to provide a letter from your govt. stating that you are single in order to register here in hk for marriage.

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red_warrior 14 yrs ago
no they didnt ask anything from him... they only ask for his passport thats all...

married thing was ok already... but the only worry for them is if the immigration will contact philippine government directly coz they where processing his dependant visa now... but if they will not contact philippines, i think there's gonna be no problem at all.. what do you think, is it hk gov will check the philippine gov?

thanx for the info.

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red_warrior 14 yrs ago
car_love r u a filipino also? coz u said base on ur experience right? im half filipino half chinese base here in hong kong... but i dont realy have knowlege regarding this law i mean international law... any info can help alot for us..... thanx....

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Justin Credible (Part Deux) 14 yrs ago
They won't find out. Because they expect when you are applying for a marriage you will not commit perjury (lie).


If the HK govt gave you a marriage license, and you got the marriage, then that is legal proof enough that you are married in the eyes of the HK government. They will not then check to see if you lied because they trust you enough to not lie...and if they were to find out you lied its because you tell them and then you can face charges of perjury and possible jail time, but hey...


I wouldn't worry about things you can't do anything about.


Set the ball in motion and see where it goes.


I know an old roommate who married a filipina girl who had a passport made out in the name of her dead sister so that the HK govt didn't know it was her because she had already married some chump chinese guy who was refusing to divorce her. So yeah, the only option left was to take on the identity of a dead girl...and then of course, she got granted a wedding permit and then a marriage license etc...


Long story got longer, but the reality is she is now happily settled and working as a PR here in Hong Kong after all those years.


I wouldn't worry about it if I were you...and the less people you tell, the better. The HK govt gives a marriage license to those they believe have not been married before. If you got one, then you are already considered as not in need of checking up on!

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car_lover 14 yrs ago
No am not a Filipino...hehe...agreed with JC. If they are willing to give, then they won't check....if they check after giving, they are slapping themself for doing a bad job...haha.

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red_warrior 14 yrs ago
guys thank you so much for the info... Justin thanks alot and also car_love.... actually u know guys this couple are planning to go to other country just to be togeter, if it realy happen that the immigration will deport his husband... i just cant stand looking to this poor couple doing nothing coz they are realy my close friend... and my dad is chinese and my mom is a filipina... so i can see my parents from them also... and u know despite of the cross cultural differences they try there very best to please the family of the girl... i realy hope they can get the visa guys... i realy pray for that... thank u guys and god bless...

lie is a sin but if it make some one happy i think its realy worth...

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Justin Credible (Part Deux) 14 yrs ago
Pshh, its a sin only if you are religious and believe there is some vengeful god up there sitting in the clouds waiting to smite you!


A lie is a lie. It requires no justification if someone wishes to use it.


Truth is valuable and supreme, but sometimes getting a divorce is harder than you think, especially when you lose touch with someone over years. *shrug* it is what it is, hope your friends live happily ever after, etc.

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red_warrior 14 yrs ago
@justin.... actually there is no divorce in philippines, sounds crazy but this country don't consider it... yeah your right its realy hard for him, its been almost 8 years that he dont have contact with his X-wife and she also have some kids with the new guy and she doest care about it anymore so there is no worries that she might know that my friend get marry again and file a bigamy against my friend coz she did it first long time before my friend did this... my friend just want to move on you know...


just this immigration thing that make the love story become a little bit crazy...

coz he said to me that before the immigration grant his dependant they will check the sponsors financial status, accommodation or place to stay, check if its not a fixed marriage or not true lovers and check if any of them married already.

so it make him worried that maybe the immigration will make any inquiry in philippines about his background if not then no problem realy...


but what i was wondering is why this immigration will check there status during the process of the visa and not before they get married, and as i know they need to post it in the registry for 3 weeks right? and the registry is under immigration...

so it means that if the registry is under immigration during the time span that they were applying for the marriage license the data has been forward to the immigration already, so during that time they should check him and not this time right...

and i was thinking in what ways the immigration can check him if they realy do check his status in philippines coz its gonna be out of hong kong jurisdiction? or maybe they will only check the hong kong gov. record....


what do you thing?

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red_warrior 14 yrs ago
by the way justin you sound that you know alot of hong kong laws are you a lawyer or maybe on the field of law job? hope you dont mind just wondering...

thanx mate....

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Justin Credible (Part Deux) 14 yrs ago
Erm, no, I am not a lawyer. That would have needed far more common sense and money than I have. I do know about divorce and hiring lawyers though, and know a lot of other people who have been down that path and so collectively there is a vast well of information that is only worth something to someone in the shi**er.


Also, it seems that you are still going down the same path of hashing and rehashing what "may happen" or "could happen" when really, none of us can tell you what "will happen". I think if your friend didn't go through the necessary channels the first time around and he's already married, what good does it do worrying about what will happen now when the here and now is already pretty far gone past the point of no return.


I mean, look at it this way, what if your friend had gotten married in Uzbekistan and not bothered reporting it? Do you think the HK government would check with the Uzbek government? I doubt it. It will not only make them seem incompetent for having approved you a marriage cert, it would cost time and resources that would be better spent on things of genuine import.

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funbobby 14 yrs ago
surprised they obtained a HK Marriage Cert with no letter confirming her divorced status (my local wife needed one before she could marry me...). But if they in fact DO have the HK marriage licence, them ImmD will likely NOT investigate, as that was the Marriage Registry's responsibility...

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red_warrior 14 yrs ago
thanx guys seems that all your comments and info where realy positive...


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red_warrior 14 yrs ago
Justin Credible and funbobby what do think guys should i ask my friend to go out from hong kong first while where not sure about the result of the visa processing for safety purpose? maybe have a vacation in philippines first so if there is some hustles or problem the immigration can't catch him and put to jail? what do you think guys?

are the two of you is kwai lo?

thanx.........

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Justin Credible (Part Deux) 14 yrs ago
How about the suggestion that you let your friend and his wife handle this on their own instead of giving advice that hinges purely on paranoia?


As I said, leave it, if he heads off while he is supposed to wait for his immigration status to be updated, don't you think that looks more suspicious than just carrying on with life as normal?


And being gwailo has nothing to do with this question, its about immigration, perjury and marriage certificates. I think you have some pretty decent advice all leaning in one direction here, so maybe read through it all again and then just let things be.


Good luck with that.

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red_warrior 14 yrs ago
thanx mate..... ill let u know what will be the result after 6 weeks....


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oldspiceman 14 yrs ago
ummm...sorry I didnt bother to read everyone's comments..letting know mine (I work in a law firm) . HK doesnot recognize polygamy, even if accidently thinking he is single the govt lets him marry in Hong Kong he will be liable for prosecution for fraud and polygamy and basis of filing incorrect information on purpose, all his previous visa status will be cancelled in HK. He will surely be behind bars and upon released deported back to phil.


If he cant find his X-wife, ask him to make a police report...normally in common law country 7 yrs with no news is considered as dead( doesnt apply in phil), if he actually knows where she lives, threaten her to file a civil suit against her for adultry...phil is a catholic law based civil society..adultry is not only a sin but also punishable under law and ask her to make ur marriage null...heard u can pay for tht...know many ppl do tht

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red_warrior 14 yrs ago
@oldspiceman...

good day, just want to ask you coz your working in a law firm and u know about hong kong law. right now the problem is they are processing his dependent visa in the hong kong immigration is it the immigration will check his background or make some inquiry in philippine government before they grant his visa?

thanx........

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