SRRV/SIRV bank, criminal background questions

[Gary D]

Another wrinkle about leasing from a gf that would need researching is at what point a gf would be considered a common law wife.

[jrlee183]

15 minutes ago, Gary D said:

My take is that you could inherite as long as the wife dies intestate, and assuming no other joint hiers. You can't be willed the land.

Absolutely correct.  The problem is it is quite rare for the filipina spouse not to have any other compulsory heirs (e.g. parents, siblings, children etc)

[Dave Hounddriver]

1 hour ago, Gary D said:

at what point a gf would be considered a common law wife.

Only at the point where they change the law in Philippines as it is currently not a recognized status "except" in the "Family Courts Act of 1997" which is mainly about taking care of the kids.

[Huggybearman]

10 hours ago, Jollygoodfellow said:

I think its this topic I was thinking of.  Sorry if its not it.  

 

Thanks Tom. Yes, that is very helpful. And not as straight forward as I thought.

Ken

[Gary D]

9 hours ago, Dave Hounddriver said:

Only at the point where they change the law in Philippines as it is currently not a recognized status "except" in the "Family Courts Act of 1997" which is mainly about taking care of the kids.

I suggest you read art 147.

[Jack Peterson]

4 minutes ago, Gary D said:

I suggest you read art 147.

 Hmmmm according to my SIL a lawyer this only applies to native Filipinos Many and I mean Many of the laws in the PI do not cover us (the Foreigner)

Edited March 31, 2018 by Jack Peterson
added a little

[Dave Hounddriver]

2 hours ago, Gary D said:

I suggest you read art 147.

Thank you.  And I suggest you read the legal analysis of art 147 found here. 

Of course all the Internet reading we wish to do will mean much less than one concrete example of a foreigner who has been found by the court to have some rights or responsibilities as a common-law husband to a filipina where both live together in Philippines.  I cannot find one.  Can any of us here?

So until someone finds even one example of a (Supreme) court decision that considers a foreigner to be considered a common law husband to his filipna gf, then the answer to your question:

13 hours ago, Gary D said:

at what point a gf would be considered a common law wife.

is still:

11 hours ago, Dave Hounddriver said:

Only at the point where they change the law in Philippines as it is currently not a recognized status EDIT:  for foreigners with a filipina gf living in Philippines.

 

[DonnyQ]

On 2/10/2018 at 7:09 AM, LuisEUCN said:

Hi

We, a family of 4, are thinking of moving to Philippines (more exactly BGC/ Mc Kinley Hills), I can either apply for a SRRV or SIRV visa by investing a little 100k usd it appears .

The documents requested don’t look too hard to come up with, except the criminal background from one’s country of residence, as I’m a French citizen living in China and feedback I read about foreigners who tried to get that document in China have very much distressing. Most likely one can’t get such a document at the moment, except for some Shanghai residents.
I can get an official (absence of ) criminal background from French authorities though, and my wife as a Chinese citizen apparently from the Chinese authorities (possibly from French authorities as well as she has a residence permit there)

Has anyone experience to share on that issue ?

It seems one can live in The Philippines for a while, buy a car and probably send their kids to international schools before their long term residency is settled but I’m not keen to risk ending up without legal residency if our residency in China expires in the meantime.
Also it seems it is now hard to open bank accounts for Non Residents, can one advise on which bank to approach as prospective SRRV applicants, as we would like to have an account, to send the 125k and quite a bit more for local expenses when settling in before we actually move.
Lastly for this post, does anyone know if one can actually take back the money deposited when applying for the SSRV once they want to give up Philippines residency?  I know on paper it’s fine, but no idea what the reality is.

Thanks in advance for all replies

If you are in China, why would they request a French clearance?