When planning an international marriage with a Filipino spouse, it’s crucial to understand the specific legal and procedural steps involved. Here’s a detailed guide on how to proceed with your marriage in the Philippines and what you should be aware of during the process.
1. Marriage Registration Process in the Philippines
The process for registering a marriage in the Philippines is relatively straightforward. You only need to bring your ‘Certificate of Marital Status’ from Korea along with some photos and your passport. These are the basic documents needed to start the registration process in the Philippines.
You will also need to visit the Korean Embassy in the Philippines to obtain a certificate that states there are no legal impediments to the marriage. This document is issued in English, and you must visit the embassy together with your Filipino spouse.
2. Mandatory Stay Period and Required Documents
One of the key requirements for marriage in the Philippines is a minimum stay of 15 days. This can be achieved either by staying continuously for 15 days or by multiple visits that total 15 days. Another essential document is a Certificate of No Marriage Record (CENOMAR), which is issued by the Philippine Statistics Authority (PSA).
In the case of individuals who were previously married to a Filipino, annulment proceedings will be required, as divorce is not recognized in the Philippines. You will need to hire a lawyer to file for annulment, which can be a costly and time-consuming process.
3. Issuance of Marriage Certificate and Avoiding Scams
Once the marriage is registered, the marriage certificate will typically be issued within 1 to 2 months. Be cautious of brokers who may try to expedite this process for a fee. It’s advisable to wait and follow the standard procedure to avoid unnecessary costs.
4. Filipino Spouse’s Visa and Marriage in Korea
To invite a Filipino spouse to Korea, specific documents are required, including the CENOMAR and birth certificate. These documents must be submitted to the Philippine Embassy in Korea, and both spouses must be present with their passports.
Obtaining a visa for the Filipino spouse can be challenging due to the lack of a visa-free agreement between Korea and the Philippines. If the Filipino spouse is already in Korea, the process becomes simpler, but income and other qualifications must still be met.
5. Filipino Spouse’s Korean Language Requirements
While Filipino spouses are generally required to pass a Korean language test, exceptions exist. These include cases where the Filipino spouse is pregnant or has children, or if the Korean spouse has demonstrated proficiency in English by holding a degree from an English-speaking institution.
Conclusion
International marriages between Filipinos and Koreans come with unique challenges, especially due to the differences in legal systems. By understanding the procedures and preparing in advance, couples can navigate the process more smoothly and avoid potential pitfalls.
For further assistance, it is always advisable to consult with a legal expert or immigration consultant familiar with both countries’ laws.