Legality of Gas Allowance Deduction from Salary

Below is an in-depth discussion of the 13(a) Non-Quota Immigrant Visa (commonly referred to as the "spouse visa") in the Philippines. This legal article covers the visa’s legal basis, eligibility criteria, documentary requirements, application steps, costs, and other practical considerations under Philippine law.


1. Legal Basis and Overview

  1. Governing Law

    • The 13(a) visa is issued under Commonwealth Act No. 613 (Philippine Immigration Act of 1940), as amended, and relevant Bureau of Immigration (BI) rules and regulations.
    • It is categorized as a non-quota immigrant visa for the spouse of a Filipino citizen, provided that the foreign spouse’s country grants similar immigration privileges to Filipinos (reciprocity rule).
  2. Purpose

    • This visa allows a foreign national married to a Filipino citizen to reside permanently in the Philippines.
    • It is typically granted first under a one-year probationary period. If all conditions are met and the marriage is subsisting, the foreign national may apply for permanent resident status afterward.

2. Eligibility Requirements

To qualify for a 13(a) immigrant visa, the applicant must meet the following criteria:

  1. Valid Marriage to a Filipino Citizen
    • The marriage must be recognized as valid under Philippine law. Proof of such marriage (e.g., Philippine Statistics Authority [PSA]-issued Marriage Certificate) is necessary.
  2. Reciprocity
    • The applicant must be a citizen of a country that allows a similar immigration privilege to Filipinos. Check the latest reciprocity list from the Philippine Bureau of Immigration to confirm eligibility.
  3. Good Health and Good Moral Character
    • The applicant should not be afflicted with any dangerous or contagious disease, nor should the applicant have a criminal record or be a potential threat to public safety.

3. Documentary Requirements

While exact document requirements may vary slightly by Bureau of Immigration Office or updated regulations, the following are commonly required:

  1. Application Form
    • BI Form 2014-00-003 Rev 0 (or the current version) for an immigrant visa application.
  2. Joint Affidavit of Support and Guarantee
    • Executed by both spouses, stating that the Filipino spouse can financially support the foreign spouse and that the marriage is genuine.
  3. Marriage Certificate
    • Original or certified true copy issued by the Philippine Statistics Authority (PSA).
  4. Birth Certificate of Filipino Spouse
    • PSA-issued birth certificate to prove Filipino citizenship.
  5. Valid Passport of Foreign Spouse
    • Photocopy of the data page plus any relevant visa pages. The passport must be valid for at least six (6) months beyond the intended stay.
  6. Passport of Filipino Spouse or any Government-issued ID
    • Photocopy of bio/data page or other government identification to establish nationality.
  7. Clearances
    • NBI Clearance for the foreign spouse (if the foreigner has stayed in the Philippines for 6 months or longer).
    • Police Clearance or its equivalent from the applicant’s country of origin (may be required or requested, especially if the foreign spouse recently arrived in the Philippines).
  8. Photographs
    • Generally, two (2) to four (4) recent 2x2 or passport-size photos of the applicant (check specific BI guidelines).
  9. Proof of Financial Capacity
    • Bank statements, certificate of employment/income, or other documents showing the ability to support one’s self in the Philippines.

(Always verify with the Bureau of Immigration or its official website for any updated or additional requirements.)


4. Application Process

Below is the step-by-step procedure for filing the 13(a) visa within the Philippines:

  1. Obtain and Complete Application Form

    • Download or pick up the application form (Immigrant Visa Application Form) from the Bureau of Immigration (BI) or its official website. Fill it out accurately.
  2. Gather Required Documents

    • Compile all required documents listed above. Make sure to have clear photocopies plus original documents on hand for verification.
  3. Submit Application at BI Main Office (or Authorized BI Office)

    • Head to the Bureau of Immigration Main Office in Intramuros, Manila (or any authorized BI field office that processes 13[a] visa applications).
    • Check their designated counters/windows for 13(a) applications.
    • Bring your spouse to sign the required joint affidavits, if necessary.
  4. Pay Necessary Fees

    • Proceed to the Cashier when instructed. Official receipts must be kept as proof of payment.
    • Fees typically include the visa fee, application fee, and, if chosen, an express lane fee. More on costs below.
  5. Biometrics and Interview

    • The Bureau of Immigration will require biometrics capturing and possibly an interview with both spouses. Be prepared to answer questions about your marriage and intent to reside in the Philippines.
  6. Evaluation and Approval

    • A BI hearing officer or evaluator will review the file. If approved, the applicant is given a one-year probationary 13(a) visa initially.
    • The applicant is also required to secure an Alien Certificate of Registration Identity Card (ACR I-Card) once the visa is granted.
  7. Issuance of 13(a) Visa and ACR I-Card

    • Upon approval, the applicant’s passport will be stamped with the 13(a) visa probationary status. The Bureau of Immigration will then process and release the ACR I-Card (may take several weeks to a few months). Keep your official receipt for follow-ups.
  8. Annual Reporting

    • All foreigners holding an ACR I-Card must make an annual report to the BI (typically in the first 60 days of each calendar year) and pay the required fee.
  9. Conversion to Permanent 13(a) Visa

    • After completing one year of probationary status—and if the marriage remains valid and subsisting—the foreign spouse may apply for permanent resident status under 13(a).

5. Costs and Fees

The exact amount may change over time. The following gives a ballpark estimate based on Bureau of Immigration fee schedules (subject to adjustment):

  1. Visa Application Fees

    • For the 13(a) probationary application, fees can range around PHP 8,000 to PHP 10,000. This amount includes the principal visa fee, filing fee, and legal research fee.
    • If you opt for Express Lane processing, an additional fee (usually around PHP 1,000) applies.
  2. ACR I-Card Fees

    • Issuance of the ACR I-Card typically costs around USD 50 + PHP 500 (conversion rate dependent). The BI may charge this in Philippine Peso based on prevailing exchange rates.
    • There may also be separate fees for fingerprinting and other administrative costs.
  3. Miscellaneous Expenses

    • NBI clearance fees (around PHP 130-200 for local clearance).
    • Police clearance or similar clearance from the home country can vary.
    • Notarization fees for affidavits or other documents (ranging from PHP 100 to PHP 200 per document).
  4. Annual Report Fee

    • Once the visa is granted, the foreign national must file an annual report in January or February each year with a fee of PHP 300 plus a PHP 10 legal research fee (total PHP 310).

Note: Always confirm updated fees directly from the Bureau of Immigration’s official website or through their published schedules at the time of application.


6. Transition from Probationary to Permanent

  1. Timeline

    • Generally, the probationary 13(a) visa is valid for one year. The foreign national must apply for permanent status within one (1) month before the expiration of the one-year period to avoid lapses or penalties.
  2. Requirements for Conversion

    • Updated NBI clearance.
    • Updated Marriage Certificate (PSA).
    • Proof of ongoing cohabitation and genuine marital union (photos, affidavits, utility bills with both names, etc. may be required).
    • Completed forms for conversion to permanent residency.
  3. Approval for Permanent Residence

    • Once approved, the passport is stamped with the permanent 13(a) visa, and a new or updated ACR I-Card is issued.
    • This status does not expire so long as the marriage is subsisting (except for the need to do annual reporting). However, any change in marital status or other disqualifications might affect the permanent visa.

7. Common Pitfalls and Tips

  1. Incomplete Documents

    • Ensure all documents are complete, notarized if required, and in proper format (PSA-issued certificates, clear photocopies, valid IDs) before visiting the BI.
  2. Meeting Deadlines

    • File for the conversion to permanent residency before the one-year probationary period ends.
    • Do the annual report each year without fail to avoid fines or visa revocation.
  3. Keeping All Official Receipts

    • The BI often requires official receipts for follow-ups or to claim documents such as the ACR I-Card. Keep them securely.
  4. Legitimate Marriage

    • Since the 13(a) visa hinges on the validity and authenticity of the marriage, presenting fabricated or invalid documents can lead to serious immigration offenses, including deportation or blacklisting.
  5. Always Check for Updates

    • Philippine immigration rules and fees can change. Consult the Bureau of Immigration website or speak with a BI-accredited liaison or lawyer if unsure about new regulations.

8. Conclusion

The 13(a) Non-Quota Immigrant Visa is the main pathway for a foreign national married to a Filipino citizen to enjoy long-term or permanent residency in the Philippines. The process typically involves:

  • Submitting a formal application with supporting documents,
  • Fulfilling a one-year probationary period, then
  • Upgrading to permanent residency.

While the process can be fairly straightforward, compliance with Bureau of Immigration requirements, timely filing, and meeting documentary and financial obligations are crucial to avoid delays or rejections. Always stay informed of current rules and fees through official BI channels or by seeking professional legal advice where necessary.


Disclaimer: This article is for informational purposes only and does not constitute legal advice. Immigration rules and fees can change over time. For the most accurate and up-to-date information, consult the Philippine Bureau of Immigration or a licensed attorney familiar with Philippine immigration law.

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