Hello Thongyanh,
Apologies for the late response.
Thank you for delivering the original documents from Jampee to me.
At this stage, I am awaiting to receive Wichian's Immigration file to review.
The original documents Jampee sent has revealed further complexities in her case.
The letter from the local village chief is not sufficient to show Wichian and Jampee were divorced in 1997. What will suffice is an actual divorce certificate from the Thai government confirming their divorce in 1997.
If they are unable to provide this, it would appear that Wichian would have obtained his residence in New Zealand on the basis of providing false and misleading information.
Wichian's marriage certificate to Le mai Thi, states that he has "never been married". This means that false information was provided to Immigration at the time he applied for his residence application. It appears that Wichian never declared his previous marriage to Jampee at the time he applied for residence of New Zealand on the basis of his marriage to Le Mai Thi.
Further, if Wichian is unable to produce evidence from the Thai government about his divorce to Jampee in 1997, it means that Wichian would have committed bigamy. Bigamy is an offence where a person gets married to someone else before finalizing a divorce of a previous marriage. Immigration instructions state that "residence applications based on a bigamous marriage must be declined"
I was advised that Wichian's two sons in New Zealand obtained residence as dependent children of Wichian.
Wichian and his children are not yet a NZ citizen, if immigration become aware that Wichian provided false information with his residence application, Wichian and his two sons run the risk of having their Permanent Residence Visas revoked.
The strategy is to focus on the period since Jampee and Wichian got married in New Zealand. However, there is the risk Immigration will want to further verify on the details of how Wichian's initial residence was approved.
In my view, the options right now are:
1. To continue the process understanding the risks.
2. Or, Wichian returns to New Zealand and re-assess the risk and decide whether he would like to continue moving forward.
For the purpose of ensuring that Jampee and Wichian fully understand the content of this email, I am happy to organize a Skype video call to further discuss.
I look forward to hearing from you.
Regards
Hello Thongyanh,Apologies for the late response.Thank you for delivering the original documents from Jampee to me.At this stage, I am awaiting to receive Wichian's Immigration file to review.The original documents Jampee sent has revealed further complexities in her case.The letter from the local village chief is not sufficient to show Wichian and Jampee were divorced in 1997. What will suffice is an actual divorce certificate from the Thai government confirming their divorce in 1997.If they are unable to provide this, it would appear that Wichian would have obtained his residence in New Zealand on the basis of providing false and misleading information.Wichian's marriage certificate to Le mai Thi, states that he has "never been married". This means that false information was provided to Immigration at the time he applied for his residence application. It appears that Wichian never declared his previous marriage to Jampee at the time he applied for residence of New Zealand on the basis of his marriage to Le Mai Thi. Further, if Wichian is unable to produce evidence from the Thai government about his divorce to Jampee in 1997, it means that Wichian would have committed bigamy. Bigamy is an offence where a person gets married to someone else before finalizing a divorce of a previous marriage. Immigration instructions state that "residence applications based on a bigamous marriage must be declined"I was advised that Wichian's two sons in New Zealand obtained residence as dependent children of Wichian.Wichian and his children are not yet a NZ citizen, if immigration become aware that Wichian provided false information with his residence application, Wichian and his two sons run the risk of having their Permanent Residence Visas revoked.The strategy is to focus on the period since Jampee and Wichian got married in New Zealand. However, there is the risk Immigration will want to further verify on the details of how Wichian's initial residence was approved. In my view, the options right now are:1. To continue the process understanding the risks.2. Or, Wichian returns to New Zealand and re-assess the risk and decide whether he would like to continue moving forward.For the purpose of ensuring that Jampee and Wichian fully understand the content of this email, I am happy to organize a Skype video call to further discuss.I look forward to hearing from you.Regards
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