S1.5 Special procedural requirements for Filipino nationals married to or... (01/10/2001)

Note: This provision ceases to be effective from 29/09/2003

S1.5 Special procedural requirements for Filipino nationals married to or intending to marry New Zealand citizens or residents

1. Applications for residence or temporary entry should be lodged with the NZIS branch or MFAT post currently specified as the 'Receiving Office' for applicants in the Philippines.
2. The procedural requirements set out below apply, in addition to normal residence or temporary entry policy, to Filipino nationals married to or intending to marry New Zealand citizens or residents.

S1.5.1 Evidential requirements

1. All Filipino birth, marriage and death certificates must be the original documents and must be certified by the Philippines National Statistics Office (NSO) in Sta Mesa, Manila.
2. The following applicants must provide a certificate from the Philippines NSO, confirming that there is no record of a previous marriage:
   1. those who apply for residence under the spouse policy of Family category, and/or
   2. those who apply for temporary entry for the purpose of marriage in New Zealand, and who claim to have never married but who have children from a previous relationship.
3. If there is any doubt whether they are free to marry or whether their marriage is valid, the applicant and New Zealand fiancé(e) or spouse are responsible for obtaining and providing evidence to confirm the situation by way of legal opinion.

S1.5.5 Verification

1. Visa or immigration officers should be aware that because legal divorce is not possible in the Philippines, Filipino applicants for residence or temporary entry, who are not free to marry and/or who have children, may attempt to present false or misleading documents such as:
   1. certificates purporting to certify the death of the former spouse, or
   2. birth certificates for children with the exact details of their parents' marriage deleted.
2. Immigration officers should note that the entry relating to marital status before remarriage on a New Zealand marriage certificate is not always correct.
3. The visa officer must interview both parties and be satisfied that:
   1. any document irregularities are not the result of a deliberate attempt to avoid Philippines legal requirements, and
   2. the parties genuinely intend, and are otherwise free, to marry, or, if married, are living together in a genuine and stable marriage (see F2.5.1).
4. If there is any doubt about the authenticity of documents, processing officers should make verification checks with the Filipino authorities.

S1.5.10 Facilitating entry for the purpose of marriage in New Zealand

Once visa officers are satisfied of the authenticity of the documents, they may:

1. require the New Zealand fiancé(e) to sign a 'Declaration of Intent', stating their intention to marry the applicant in New Zealand, and undertaking to meet the costs of repatriating the applicant should the marriage not take place; and
2. provided that an application is made, issue the Filipino fiancé(e) with a visitor's visa for a stay of 9 months to enable the marriage to take place after arriving in New Zealand; and
3. advise applicants that if they intend to remain in New Zealand, they should apply for residence as soon as possible after marriage.

S1.5.15 Legally separated Filipino nationals marrying New Zealand citizens or residents

1. The Philippines Family Law Code 1988 does allow legal separation, and the relevant court order may be recognised for divorce outside the Philippines.
2. Applicants without the relevant court order, who apply to enter New Zealand in order to obtain a divorce, must be declined.
3. Visitors' visas for the purpose of marriage in New Zealand should only be issued to separated applicants if the New Zealand Embassy in Manila confirms that:
   1. a New Zealand court will be able to finalise the divorce, and
   2. remarriage will take place within 9 months of the applicant's arrival in New Zealand.

Effective 01/10/2001