What laws do I need to comply with when leaving the Philippines if I have a 13(a) visa?

Leaving the Philippines as a holder of a 13(a) Non-Quota Immigrant Visa involves several legal steps to ensure compliance with Philippine immigration laws. Below are the key legal requirements and considerations:

1. Visa Downgrade

If you plan to permanently leave the Philippines and hold a 13(a) visa, you must first apply for a downgrade of your visa status. The 13(a) visa grants permanent residency, but if you are leaving indefinitely, you need to convert your visa to a tourist visa before departure. This process typically involves:

Filing an Application for Downgrading: Submit a formal request to the Bureau of Immigration (BI) to downgrade your 13(a) visa to a temporary visa.
Clearance Requirements: Provide all necessary clearances, including NBI (National Bureau of Investigation) clearance, to ensure you have no pending criminal cases.
Payment of Fees: Pay the required downgrading fees and other applicable charges.

2. Exit Clearance

Apart from downgrading your visa, you may need to secure an Emigration Clearance Certificate (ECC) from the BI. The ECC ensures that you have no pending obligations, such as unpaid taxes or unresolved legal issues, before leaving the country. There are two types of ECC:

ECC-A: Required for holders of immigrant and non-immigrant visas with valid Alien Certificate of Registration Identity Cards (ACR I-Cards) who are leaving for good.
ECC-B: Issued to holders of temporary visitor visas who have stayed in the Philippines for more than six months.

For 13(a) visa holders, obtaining an ECC-A is typically necessary.

3. Cancellation of ACR I-Card

As part of the downgrading process, you must also surrender your Alien Certificate of Registration (ACR) I-Card, which serves as an identification card for foreign residents. This card must be canceled before your departure to reflect your change in visa status.

4. Tax Clearance

If you have been engaged in business or employment in the Philippines, securing a tax clearance from the Bureau of Internal Revenue (BIR) may be required. This clearance ensures that you have settled all tax obligations before leaving the country.

5. Notification to the Embassy or Consulate

While not a legal requirement, it is advisable to notify your home country’s embassy or consulate about your departure from the Philippines. This can be important for ensuring that your records are updated and for receiving any necessary assistance during your departure.

6. Additional Considerations

Property and Financial Obligations: Ensure that any property or financial obligations in the Philippines are resolved before departure. This includes settling loans, mortgages, and other financial commitments.
Final Departure Confirmation: After completing the necessary processes, you must confirm your final departure with the BI. Failure to do so may result in issues if you plan to return to the Philippines in the future.

By complying with these legal requirements, you can ensure a smooth and lawful exit from the Philippines as a 13(a) visa holder.