Question: What legal requirements must I fulfill when leaving the Philippines with a 13A visa?

When a foreign national holding a 13A non-quota immigrant visa (commonly granted to spouses of Filipino citizens) plans to leave the Philippines permanently, several legal obligations must be fulfilled to ensure compliance with Philippine immigration laws.

1. Downgrading of 13A Visa

If the foreign national intends to leave the Philippines permanently or for an extended period, they must downgrade their 13A visa. This process involves converting the 13A visa back to a temporary visa, typically a tourist visa, before departure. The downgrading process requires the submission of specific documents to the Bureau of Immigration (BI), including:

A letter of request explaining the reason for downgrading.
The original 13A visa and Alien Certificate of Registration Identity Card (ACR I-Card).
A completed application form.
Payment of the necessary fees.

The BI will review the application, and upon approval, the foreign national will be issued a temporary visa, usually a 9A tourist visa.

2. Emigration Clearance Certificate (ECC)

Before departing the Philippines, foreign nationals, including 13A visa holders, must obtain an Emigration Clearance Certificate (ECC). The ECC ensures that the individual has no pending obligations in the Philippines, such as unpaid taxes, criminal cases, or immigration violations.

There are two types of ECC:

ECC-A: Required for foreign nationals who have stayed in the Philippines for more than six months and are leaving the country permanently.
ECC-B: Required for foreign nationals holding a valid visa who intend to return to the Philippines.

The ECC can be obtained at the Bureau of Immigration main office or at international airports, provided the necessary documents and fees are submitted.

3. Cancellation of ACR I-Card

The ACR I-Card is the identification card issued to foreign nationals residing in the Philippines. Upon downgrading the 13A visa, the foreign national must surrender the ACR I-Card to the Bureau of Immigration. The cancellation of the ACR I-Card is a necessary step before departure.

4. Clearance from Local Government Units (LGUs) and Other Authorities

Depending on the individual’s circumstances, additional clearances may be required from local government units (LGUs) or other government agencies. This is particularly relevant for foreign nationals involved in business, employment, or other legal matters within the Philippines.

5. Tax Clearance

Foreign nationals who have been engaged in business or employment in the Philippines must secure a tax clearance from the Bureau of Internal Revenue (BIR). This clearance certifies that the individual has no outstanding tax liabilities in the country.

6. Compliance with Other Obligations

In addition to the immigration requirements, foreign nationals must ensure that they have settled any outstanding financial obligations, such as utility bills, rent, or loans, before leaving the Philippines. Failure to do so could result in legal issues or difficulties in re-entering the country in the future.

Conclusion

Leaving the Philippines as a 13A visa holder involves several important legal steps, including downgrading the visa, securing an ECC, and surrendering the ACR I-Card. Compliance with these requirements is crucial to avoid complications with Philippine immigration authorities and to ensure a smooth departure from the country.