13A-Immigration Status Without Partner

[Dave Hounddriver]

One more bad point.  The Philippine ACR 13a is entirely dependent on your spouse.  If she leaves you and revokes her 'invitation' then you are back to being a tourist.

 

EDIT:  To people reading this thread for the first time, before saying "that can't be true" or "I don't believe you" please scroll down to post 6 where our JGF contacted BI to prove that this is indeed true.

Edited December 26, 2015 by Dave Hounddriver

[MikeB]

The Philippine ACR 13a is entirely dependent on your spouse. If she leaves you and revokes her 'invitation' then you are back to being a tourist.

I don't believe that is true. From everything I've read even if she leaves you or dies the visa remains in effect. If she goes to BI or the police and makes complaints alleging criminal activity that could result in loss of visa and deportation.

[Dave Hounddriver]

I don't believe that is true. From everything I've read even if she leaves you or dies the visa remains in effect. If she goes to BI or the police and makes complaints alleging criminal activity that could result in loss of visa and deportation.

 

I guess will have to tell Bob, Byron, Jimmy, and Mel that BI was wrong and they should be able to keep their Married visas instead of going in every 2 months for their tourist visas.  Nope.  It does not work that way.  But feel free to try that one on with the BI  :santa dance:  :santa dance:

 

Edit:  Oops, forgot Colin.  Gotta tell him too.  Anyway, bottom line is I just named 5 guys whose marriage hit the skids and thy had to revert back to a tourist visa and I cannot name one who did not.

 

Edit 2:  One more thing.  Byron didn't believe it either so he did not go in to  BI until his ACR card expired.  They hit him up for approximately 5 years of back payments as a tourist.  :cheersty:

Edited December 23, 2015 by Dave Hounddriver

[Steve & Myrlita]

 

I don't believe that is true. From everything I've read even if she leaves you or dies the visa remains in effect. If she goes to BI or the police and makes complaints alleging criminal activity that could result in loss of visa and deportation.

 

I guess will have to tell Bob, Byron, Jimmy, and Mel that BI was wrong and they should be able to keep their Married visas instead of going in every 2 months for their tourist visas.  Nope.  It does not work that way.  But feel free to try that one on with the BI  :santa dance:  :santa dance:

 

Edit:  Oops, forgot Colin.  Gotta tell him too.  Anyway, bottom line is I just named 5 guys whose marriage hit the skids and thy had to revert back to a tourist visa and I cannot name one who did not.

 

Edit 2:  One more thing.  Byron didn't believe it either so he did not go in to  BI until his ACR card expired.  They hit him up for approximately 5 years of back payments as a tourist.  :cheersty:

 

But didn't he have to make his annual report?

[MikeB]

I guess will have to tell Bob, Byron, Jimmy, and Mel that BI was wrong and they should be able to keep their Married visas instead of going in every 2 months for their tourist visas. Nope. It does not work that way. But feel free to try that one on with the BI

First of all it's not a "married visa", it's a permanent resident visa. Why don't you ask them how the BI found out they were no longer married. Did they walk in and volunteer that information? Did the (ex) wives make an issue of it with the BI? There is no mechanism in place to check "marital status", once the visa is approved it is "permanent". The annual report involves nothing more than handing over p310. The ACR card itself has to be renewed every 5 years but that has no affect on the visa itself.

I may be wrong, I'm basing it on a preponderance of forum and blog posts on the subject and they are sometimes wrong. But I'll bet there's more to their stories.

[Jollygoodfellow]

This what the BI said today, Christmas day  :89:

 

Happy Holidays!

 

If  the spouse of  a 13a visa holder died, he/she  will retain his/her visa more particularly if they have children.  Reason is, no one could prevent the death of our loved ones.  On the other hand, if the Filipino spouse separated with his/her 13a visa holder spouse, the latter shall lose the status.  Reason is, he/she loses his/her principal.  His/her visa is dependent upon his/her marriage and cohabitation with his/her Filipino spouse.

 

[MikeB]

I see the problem, there’s no divorce so the only real legal criteria (plural) for determining the validity of the marriage is death or annulment. Dead is easy, you either are or you aren’t; annulments are notoriously difficult and expensive so not many go that route. Making “cohabitation” a condition of the visa (and marriage) is a slippery slope. Suppose the spouse goes off for a month or even a year and you are no longer “cohabitating”? Or spouse tries a trial separation and returns and all is lovey-dovey. Is the marriage finis? Do you have to re-apply for the visa and start over at the Probationary year? This would seem to be more a matter of “intent”. In practical terms there is no process to check marital (or cohabitation) status after the visa is approved. There are regulations and there is reality.

 

[sonjack2847]

another instance of what it says is not always what happens.

[Dave Hounddriver]

I just named 5 guys whose marriage hit the skids and thy had to revert back to a tourist visa and I cannot name one who did not.

 

 

I may be wrong,

 

 

if the Filipino spouse separated with his/her 13a visa holder spouse, the latter shall lose the status.

 

Hmm.  Ain't that what I been saying?

 

(Once again, my signature caption proves to be correct.)

Edited December 26, 2015 by Dave Hounddriver