IMMIGRANT VISA

What are the types of Immigrant visa?

The two types of immigrant visa are: (a)quota, and (b)(b) non-quota.

What is a Quota Visa, and what governs the issuance of quota visas?

• The issuance of quota or preference visas is governed by an order of preference and granted to aliens with or without nationalities. They are issued on a calendar basis and cannot exceed numerical limitation of 50 in a given year.

What are the types of quota visas? •Preferred Quota Immigrants

•Immigrants who are the fathers and mothers of Filipino citizens who are 21 years of age and over. •They can also be wives, husbands and unmarried children under 21 years of age, of aliens lawfully admitted into the Philippines for permanent residence and who resides there.

•Non-Preferred Quota Immigrants•Every quota immigration visa applicant is presumed to be a non-preference quota immigrant applicant unless he establishes to the satisfaction of a consular official and immigration official that he is entitled to preference status

How does one qualify for a quota visa?

• The applicant must satisfactorily establish:1. He has lawfully entered the Philippines and remains under lawful

admission status2. There is no record of any derogatory information against him in any local or

foreign law enforcement agency3. He has not violated any law or ordinance4. He is possessed of qualifications, skills, scientific, educational or technical

knowledge which he will advance and be beneficial to the national interest5. There is a reciprocity agreement for a similar resident visa between his

country and the Philippines6. He has not been confined in any mental institution7. He has sufficient capital for a viable and sustainable investment which is

approved by the Commissioner of Immigration.

May a non-immigrant change his/her status to immigrant without the necessity of voluntarily

departing for abroad for such purpose?• Yes. Presidential Decree No. 419 authorizes such,

provided that the adjustment be made under these conditions:

1. Subjects are properly documented at the time of entry2. They make proper application for adjustment3. They are qualified for admission as immigrants and are

admissible as such4. Corresponding immigrant quota numbers are

immediately available to such applicants at the time the application is approved.

What are other requirements for a quota visa?

• All aliens applying for permanent resident status as immigrants should obtain security clearances from the National Intelligence Coordinating Agency.

How much is paid for the quota visa?

• Upon Filing:• For principal applicant P1,010.00• *Express Fee 500.00• Bi Clearance Fee 1,010.00• Upon approval/implementation of visa:• For principal applicant/ spouse • Passport Visa Fee 200.00• Alien Certificate Registration & Form 1,050.00• Change of Status Fee 600.00• Head Tax 250.00• ICR & Form 1,450.00• Implementation Fee 2,000.00• Legal Research Fee 60.00• Service Fee 200.00• Total P5,810.00

What is a non-quota visa?

• Non-quota or non-preference visas are not subject to any numerical limitation nor to any preference.

What are the types of non-quota visas?

• Non-quota visas are classified as follows:• Temporary Residence Visas under Section

13(a) of the Philippine Immigration Act• Section 13(b)• Section 13(c)• Section 13(d)• Section 13(e)• Section 13(g)

What are the requirements under Section 13(a)?

1. This visa is issued to an alien, whose country grants the same permanent residence and immigration privileges to Philippine citizens, on the basis of his valid marriage to a Philippine citizen. To qualify for this visa, the applicant must prove that:

2. He contracted a valid marriage with a Philippine citizen3. The marriage is recognized as valid under existing Philippine laws4. There is no record of any derogatory information against him in any

local or foreign law enforcement agency5. He is not afflicted with any dangerous, contagious or loathsome disease6. He has sufficient financial capacity to support a family and will not

become a public burden7. He was allowed entry into the Philippines and was authorized by

Immigration authorities to stay.

What are the requirements for applying for a visa under 13(a)?

1. Fill out an application form prescribed by the Bureau (Form No. RBR 98-01). A separate form should be filled out by the unmarried minor children, if any. This shall be submitted by the following documents:

2. Duly notarized letter of application by the Filipino spouse3. General Application Form duly accomplished and notarized (BI Form No. MCL-07-01)4. NSO authenticated copy of Birth certificate of Filipino spouse5. NSO authenticated copy of the Marriage Contract of alien and Filipino spouse or

authenticated by the Philippine embassy/consulate nearest to or in the place where the marriage was solemnized

6. Bureau of Immigration (BI) Clearance Certificate7. Plain photocopy of passport of alien spouse showing dates of arrival and authorized

stay.8. 9. The payment of filing fees should be made upon the submission of all requirements.

How much is paid for the non-quota visa under Section 13(a)?

• Upon filing:• For Principal applicant P 1,010.00• *Express Fee 500.00• Upon approval/implementation of visa:• Passport Visa Fee 200.00• Alien Certificate Registration & Form 1,050.00• Change of Status Fee 600.00• Head Tax 250.00• CRTV & Form 1,450.00• Implementation Fee 1,000.00• Legal Research Fee 10.00/Item

In the absence of a reciprocity agreement, may one foreigner still apply for a visa in

lieu of the permanent residence visa?

• Yes. S/he may apply for a temporary residence visa. This is issued to an applicant who, despite the absence of immigration reciprocity between his country and the Philippines, contracts a valid marriage with a Philippine citizen.

Who are qualified for temporary residence visa?

• An alien spouse and unmarried children under 21 years old of any Philippine citizen may apply for temporary residence visa.

What is the validity of the temporary residence visa?

• A temporary residence visa is valid for a probationary period of one 1 year. Thereafter, it may be extended every 2 years.

What are the benefits of a temporary residence visa holder?

• Once one has this visa s/he may be employed in the Philippines, lease real property, own personal property and qualify for Philippine citizenship, after residence of five years.

What are the documentary requirements for temporary residence visa applications?1. Duly notarized letter of application by petitioning Filipino spouse2. General Application Form duly accomplished by the foreign

spouse and notarized (BI Form No. MCL-07-01)3. NSO authenticated copy of birth certificate of Filipino spouse4. NSO authenticated copy of the Marriage Contract of the alien and

Filipino spouse, or if solemnized abroad, Marriage Contract authenticated by the Philippine embassy/consulate in or nearest the place where marriage was solemnized, with English translation if written in other foreign language

5. Bureau of Immigration Clearance Certificate6. Plain photocopy of passport/s of alien spouse and/or children

showing dates of arrival and authorized stay.

How much is paid for the temporary residence visa?

• Upon filing:• For Principal applicant P1,010.00• *Express Fee 500.00• BI Clearance 1,010.00• Upon approval/implementation of visa:• Passport Visa Fee 200.00• Alien Certificate Registration & Form 1,050.00• Change of Status Fee 600.00• Temporary Certificate of Residence & Form 1,450.00• Head Tax 250.00• Implementation Fee 1,000.00• Legal Research Fee 50.00

How will a Section 13(a) visa be revoked?

• The visa may be cancelled for:1. Violation of the Philippine Immigration Act2. Judicial finding that the marriage is void under the

provisions of the Family Code3. A finding that the marriage was contracted for the purpose

of evading Immigration Laws4. Loss of Philippine citizenship of one of the spouses through

an administrative or judicial proceeding5. Legal separation of the spouses6. Annulment of marriage7. Divorce

What is the effect of death of the Filipino spouse on the holder of a Section 13(a)

visa?• Unless there exists a compelling legal and/or

moral reason to cancel the visa of an alien spouse, it is submitted that the death of the Filipino spouse does not ipso facto result in the loss of the resident status of the alien spouse.

What are the requirements under Section 13(b)?

• A Section 13(b) visa is issued to a child who was born outside the Philippines during the temporary visit of the mother, provided: 1. The mother has been previously admitted for permanent residence

in the Philippines,2. The child is accompanying or joining either of his parents, and3. The child applies for admission into the Philippines within five (5)

years from date of his birth. • To qualify for the visa the mother of the child must establish

proof of:1. Her relationship with the child, and 2. Her admission as a lawful permanent resident of the Philippines.

• Prior to the filing of the application for the visa, however, the mother must comply with the following directives:1. If she becomes pregnant while on a temporary visit abroad, she

should secure a certification from the nearest consular post concerning the fact of her pregnancy, and upon giving birth should secure authentication of the birth certificate of her child;

2. If she is already pregnant and intends to leave the Philippines, she should secure a certification from the Bureau of Immigration concerning the fact of her pregnancy prior to her departure; and

3. Upon giving birth while on a temporary visit abroad, she must report, within a reasonable time, to the nearest consular post and secure a certification concerning the fact of her child’s birth and an authentication of the child’s birth certificate by the consular officer for presentation to the immigration officer at the port of entry.

What are the requirements under Section 13(c)?

• This visa is issued to a child who was born after the issuance of a visa to an accompanying parent. It is necessary that:1. The visa remains valid2. There is sufficient proof of the child’s legitimacy.

What are the requirements under Section 13(d)?

• A Section 13(d) is issued to a woman who lost her Philippine citizenship:1. Because of her marriage to an alien, or2. By reason of the loss of Philippine citizenship by her

husband. • The former female Philippine citizen for this visa must

present duly authenticated copies of the following documents:1. Her birth certificate;2. Her marriage contract;3. Documentary proof of her present foreign citizenship.

• She may also be required to submit additional proof that:1. She has not been institutionalized for any mental

disability; 2. She will not become a public charge;3. She is not afflicted with any dangerous, contagious, or

loathsome disease; and4. There is no derogatory information against her from any

local or foreign law enforcement agency.5. 6. This visa may also be availed of by unmarried child of the

applicant, provided s/he is unmarried and 21 years of age.

What are the requirements under Section 13(e)?

• A Section 13(e) visa is issued to one who has previously granted permanent residence in the Philippines, and who is returning to an unrelinquished residence in the Philippines after a temporary visit abroad. The applicant must present substantial proof that his original entry and admission to the Philippines is lawful and his permanent residence is a valid one. He must also establish animus revertendi or an intention to return to an unrelinquished residence in the Philippines.

• Additional proof must be shown to the effect that:

1. He is not afflicted with a dangerous, contagious or loathsome disease; 2. He has not been institutionalized for any mental disability;3. He shall not become a public charge; and4. There is no derogatory information against him in any local or foreign law

enforcement agency.

What are the documents required to apply for a visa under Section 13(e)?

1. Duly notarized letter of application with the statement that the applicant intends to reside permanently in the Philippines and justification why the applicant overstayed outside of the Philippines

2. General Application Form duly accomplished and notarized (BI Form No. MCL-07-01)

3. Plain photocopy of the applicant’s passport with admission stamp

4. Bureau of Immigration (BI) Clearance Certificate5. ACR I-CARD; NICA Clearance.

What are the requirements if the application is joined by the spouse and

unmarried minor children, if any?

1. Plain photocopy Passport of dependent2. Plain photocopy ACR I-CARD of dependent/s.

What are the requirements under Section 13(g)?

• The Section 13(g) visa is issued to an applicant who:1. Was previously a natural-born citizen of the

Philippines;2. Is a naturalized citizen of a foreign country; and3. Intends to return to the Philippines for

permanent residence.

• He must establish that:1. He was previously a natural-born citizen of the Philippines;2. He was naturalized in a foreign country;3. He is not afflicted with a dangerous, contagious or loathsome disease;4. There is no derogatory information against him in any local or foreign law enforcement

agency;5. He is financially capable of supporting himself so that he will not become a public

charge while residing permanently in the Philippines; 6. He has not been institutionalized for any mental disability;7. He was allowed lawful entry by immigration authorities with a valid admission status;8. He is not in violation of the terms and conditions of his admission status; and 9. He intends to reside permanently in the Philippines.

• This visa may also be availed of by the spouse or minor children of the applicant. • The reproduction of naturalization or citizenship papers of former Philippine citizens but who

have acquired U.S. citizenship through naturalization proceedings may, however, be waived. Existing U.S. laws prohibit their nationals from reproducing naturalization and citizenship papers

What are the documents required to apply for a visa under Section 13(g)?

1. Duly notarized letter of application2. General Application Form duly accomplished and

notarized (BI Form No. MCL-07-01); 3. NSO authenticated copy of birth certificate of the

applicant4. Bureau of Immigration (BI) Clearancke Certificate5. Plain photocopy of passport, with English translation if

written in other foreign language by the Phil. Embassy / consulate nearest to or in the place where the passport was issued.

What are the requirements if the application is joined by the spouse and

unmarried minor children, if any?1. Copy of marriage contract of applicant and spouse, duly

authenticated by the Philippine embassy/consulate nearest to or in the place where the marriage was solemnized, with English translation, if written in other foreign language

2. Copy of birth certificate of minor unmarried children, duly authenticated by the Philippine embassy/consulate nearest to or in the place where the marriage was solemnized, with English translation, if written in other foreign language

3. Plain photocopies of their respective passports.

Apart from these categories, are there any more immigrants provided for by special law?

• Yes, according to Presidential Decree No. 819 any foreign-based scientist, technician or professional, or any person with special skill or expertise who is a Filipino or of Filipino origin or descent and the members of his/her profession, special skill or expertise in his/her host, adopted, or native country, may practice his/her profession, special skill, or expertise while staying in the Philippines either on a temporary or permanent basis upon approval of the Secretary of Health: Provided, that such foreign based scientists, technician, or professional shall first register with the Professional Regulation Commission (PRC) regardless of whether or not his special skill or expertise falls within any of the regulated professions and vocations in the Philippines and pays the required license fee for the practice of his/her profession, skill, or expertise in this country.