How to Apply for 13A Visa in the Philippines

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Immigration regulations can change over time, and each applicant’s situation may be unique. It is recommended that you consult with the Bureau of Immigration (BI) or a licensed immigration attorney for guidance on your specific circumstances.

1. Overview of the 13A Visa

A 13A Non-Quota Immigrant Visa (often referred to simply as a “13A Visa”) is issued under Section 13(a) of the Philippine Immigration Act of 1940. This visa type allows a foreign national who is legally married to a Filipino citizen to reside in the Philippines on a more permanent basis.

Key Legal Basis

  • Philippine Immigration Act of 1940 (Commonwealth Act No. 613)
  • Bureau of Immigration Memorandum Orders and updates
  • Administrative regulations issued by the Philippine Department of Justice (DOJ) and BI

2. Eligibility Criteria

To qualify for the 13A Visa, an applicant must meet the following requirements:

  1. Marital Relationship

    • Must be legally married to a Filipino citizen.
    • The marriage must be valid under Philippine law or recognized under Philippine law if solemnized abroad.

  2. Health and Character

    • Must not be afflicted with any dangerous or contagious disease.
    • Must not have any record of conviction for a crime involving moral turpitude.
    • Must not be a security risk to the Philippines.

  3. Financial Capacity

    • Must show proof of the ability to support oneself (and dependents, if any) within the Philippines. This often involves showing bank statements, pension statements, or any other credible proof of financial stability.

3. Types of 13A Visa Status

3.1 Probationary (One-Year Validity)

Initially, once approved, the 13A visa is issued on a probationary basis, valid for one year. During this probationary period, the Bureau of Immigration monitors the genuine nature of the marriage and the applicant’s compliance with Philippine laws.

3.2 Permanent (Multiple-Year Validity)

After the probationary year, if all conditions remain satisfied—i.e., the marriage is still subsisting, the foreign national complied with all reporting requirements, and there are no violations—the foreign national can apply for a permanent 13A visa. The permanent visa typically requires renewal of the Alien Certificate of Registration Identity Card (ACR I-Card) but grants indefinite stay in the Philippines, subject to compliance with annual reporting requirements.

4. Required Documents

While requirements can vary based on updated BI regulations, the commonly required documents include:

  1. Duly Accomplished Forms

    • Consolidated General Application Form (CGAF) from the Bureau of Immigration
    • Additional BI-prescribed application forms, if any

  2. Marriage Certificate

    • Issued by the Philippine Statistics Authority (PSA) if married in the Philippines
    • If married abroad, a marriage certificate authenticated (apostilled or legalized) by the Philippine Embassy or Consulate that has jurisdiction

  3. Birth Certificate of Filipino Spouse

    • Issued by PSA (for those born in the Philippines)
    • If the spouse is a Filipino citizen by naturalization, present the relevant documents (e.g., Certificate of Naturalization)

  4. Valid Passport of the Applicant

    • Must show at least six months validity from the date of application
    • Present original passport along with clear photocopies of data pages, visa pages, and latest arrival stamp in the Philippines

  5. Filipino Spouse’s Passport or Philippine Government-Issued ID

    • For verification of Filipino citizenship

  6. Joint Affidavit of Support and Guarantee

    • Executed by the Filipino spouse and one other competent affiant, attesting to the genuine nature of the marriage and the financial capacity to support the foreign national

  7. BI Clearance Certificate or NBI Clearance (if required)

    • National Bureau of Investigation (NBI) clearance for the foreign national if he/she has been residing in the Philippines for 6 months or more
    • BI Clearance (upon submission of application)
    • Police clearance from abroad if the foreign national is newly arrived and has not spent significant time in the Philippines yet

  8. Passport-Sized Photographs (as prescribed by BI)

  9. ACR I-Card (if applicable)

    • If you have previously held any temporary visa or an Alien Certificate of Registration Identity Card, present a photocopy

  10. Other Supporting Documents

  • Additional financial documents (bank statements, proof of income, proof of pension, etc.) if requested by BI
  • Any other documents the BI might require on a case-by-case basis

5. Step-by-Step Application Procedure

  1. Obtain the Correct Forms

    • Visit the Bureau of Immigration website (or their offices) to download or obtain the latest Consolidated General Application Form (CGAF) and other relevant forms.

  2. Secure All Documents

    • Gather the documents listed above. Ensure all originals and photocopies are ready. The BI requires authenticated or notarized copies for certain documents.

  3. Pay the Necessary Fees

    • Application and processing fees vary and can change. Obtain the updated fee schedule from the BI website or office.
    • Typically, you pay these fees at the BI Cashier after submitting your documents.

  4. Submit Application and Schedule Biometrics

    • Submit the complete set of documents to the BI.
    • The applicant and the Filipino spouse may be required to appear at the BI for biometrics (fingerprinting, photographs) or for an interview.

  5. Attend an Interview, if Required

    • The BI may require both the foreign applicant and the Filipino spouse to attend an interview to confirm the authenticity of the marriage and the applicant’s eligibility.

  6. Wait for the Order

    • Once the documents and interview are done, the BI will review the application. Processing times can vary from a few weeks to a few months.
    • Keep the official receipts and reference numbers to track your application.

  7. Issuance of Probationary 13A Visa

    • If approved, the BI will issue an Order instructing you to obtain your stamped visa and ACR I-Card.
    • The initial visa is typically valid for one year on a probationary basis.

  8. Annual Reporting

    • All foreign nationals holding an ACR I-Card must report in-person to the BI every first sixty (60) days of the calendar year (January to March). There is a penalty for late reporting.

  9. Apply for Permanent 13A Visa

    • Toward the end of the one-year probation, if there are no adverse records, you can apply to convert your probationary status to a permanent one.
    • This procedure involves similar documentary requirements and payment of fees, but typically the process is more straightforward if there have been no violations.

6. Fees and Processing Times

  • Application Fees: The exact amount varies but typically includes:

    1. Visa Application Fee
    2. Annual Report Fee (if you are applying within the annual reporting period)
    3. ACR I-Card Fee

  • Processing Time:

    • Usually ranges from four weeks to several months, depending on the volume of applications and completeness of documentation.
    • Delays can occur if additional documents or clarifications are needed.

It is important to keep official receipts and monitor the progress of the application through the BI to avoid any overstaying complications.

7. Rights and Obligations of 13A Visa Holders

7.1 Rights

  • Multiple Entries: Can exit and re-enter the Philippines without the need for separate tourist visas or re-entry permits.
  • Employment: Generally allowed to work in the Philippines without an additional special work permit, provided all local labor regulations are complied with (e.g., obtaining a Tax Identification Number, paying taxes).
  • Residence: Indefinite stay after conversion to permanent status (subject to compliance with annual reporting).
  • Access to Services: Can open bank accounts, obtain local licenses, and conduct business in the Philippines in accordance with existing regulations.

7.2 Obligations

  • Annual Reporting: Mandatory personal appearance at any authorized BI office during the first 60 days of each year.
  • Report Changes: Must report changes in civil status, place of residence, or other important changes to the BI.
  • Obey Philippine Laws: Must respect and follow Philippine law and regulations at all times.
  • Maintain Validity of Documents: Always keep your passport valid; an expired passport can complicate the 13A visa status.

8. Common Pitfalls and How to Avoid Them

  1. Incomplete Documentation

    • Always verify the latest list of documents on the BI website or through official channels.

  2. Expired Passport

    • Ensure that your passport is valid for at least six months upon application.

  3. Late Annual Reporting

    • Penalties can be imposed for failing to perform the annual report on time.

  4. Misrepresentations or Invalid Marriage

    • A 13A visa requires a bona fide marriage. Falsification or misrepresentation can lead to deportation and blacklisting.

  5. Not Converting to Permanent Status

    • Failing to convert from probationary status to permanent within the allowable timeframe can result in the cancellation of your visa.

9. Renewal of ACR I-Card

Even with a permanent 13A visa, foreign nationals must keep their ACR I-Card valid. The BI typically requires the card to be renewed every five years, or as instructed by current regulations. Failing to renew can result in penalties or complications in future transactions.

10. Summary and Final Notes

The 13A Non-Quota Immigrant Visa is a convenient pathway for foreign nationals married to Filipino citizens to establish long-term residency in the Philippines. While the process may appear paperwork-intensive, following the correct application steps, ensuring document completeness, and maintaining compliance with BI regulations can lead to a successful and relatively smooth application.

  • Start with the probationary 13A visa, valid for one year.
  • Comply with all reporting and stay requirements.
  • Convert to a permanent 13A visa if the marriage remains valid and there have been no legal issues.
  • Be mindful of annual reporting duties and keep your ACR I-Card current.

For specific guidance on your unique situation, it is best to contact the Bureau of Immigration or consult a licensed immigration attorney. Regulations, procedures, and fee schedules are subject to change, so staying updated with official announcements is essential.

References:

  • Philippine Immigration Act of 1940 (Commonwealth Act No. 613)
  • Bureau of Immigration, Philippines (www.immigration.gov.ph) – official notices and fees
  • Executive Orders and Memoranda pertaining to immigration procedures

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

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