Philippine 13A Visa Requirements and Process

Disclaimer: The information provided below is intended as a general guide and does not constitute legal advice. Immigration laws and policies in the Philippines may change over time, so it is advisable to verify current requirements and procedures with the Philippine Bureau of Immigration (BI) or consult an immigration attorney.

1. Introduction to the Philippine 13A Visa

A 13A Non-Quota Immigrant Visa (commonly referred to simply as a “13A Visa”) is granted to foreign nationals who are married to Filipino citizens. This visa allows the foreign spouse to lawfully reside in the Philippines on a long-term basis. It is considered a “non-quota” category because there is no annual limit on the number of visas the Philippine government can issue under this classification.

The 13A visa is initially issued on a probationary basis for one (1) year. If the foreign national complies with all visa conditions during that probationary period, they may apply for permanent status thereafter.

2. Legal Basis

The issuance of the 13A Non-Quota Immigrant Visa is governed by:

  • Commonwealth Act No. 613 (Philippine Immigration Act of 1940), as amended.
  • Philippine Immigration Regulations issued by the Bureau of Immigration.
  • Specific administrative orders, guidelines, and memoranda periodically issued by the Bureau of Immigration.

3. Who is Eligible for a 13A Visa?

To qualify for a 13A Visa, the foreign national must meet the following primary criteria:

  1. Marriage to a Filipino Citizen

    • The applicant must be legally married to a Filipino citizen. Proof of a valid, subsisting marriage must be presented.

  2. Legal Entry and Stay in the Philippines

    • The applicant must have entered the Philippines legally and maintained a lawful immigration status (e.g., valid tourist visa, Balikbayan privilege, or other visa status).

  3. No Disqualification Under Philippine Immigration Law

    • The applicant must not belong to any category of foreign nationals who are barred from entering or residing in the Philippines under existing immigration laws (e.g., persons with certain criminal records, those on immigration watchlists, etc.).

  4. Proof of Financial Capacity or Sponsor’s Support

    • The applicant or the Filipino spouse should be able to show sufficient financial capacity or stable income to support themselves while residing in the Philippines, ensuring that the foreign spouse will not become a public charge.

4. Types of 13A Visas

  1. Probationary 13A Visa

    • Issued initially for one year.
    • Allows the foreign spouse to reside in the Philippines for that one-year probationary period.
    • After the end of this period, the holder can apply to convert the probationary status to permanent residence (see below).

  2. Permanent 13A Visa

    • Issued after completion of the probationary period, subject to compliance with all requirements and no violations of immigration or other laws.
    • Granted for an indefinite period as long as the marriage remains valid, and the visa holder continues to meet all conditions.

5. Documentary Requirements

While requirements may vary slightly depending on the particular Bureau of Immigration Office or any updated regulations, the following documents are commonly required:

  1. Duly Accomplished Application Form

    • The BI often provides a standardized application form (e.g., the Consolidated General Application Form).
    • Check the official BI website or inquire in person for the latest version.

  2. Joint Affidavit of Sponsorship and Support

    • Executed by the Filipino spouse, stating willingness to support the foreign spouse financially and otherwise.

  3. Marriage Certificate

    • If the marriage took place in the Philippines, an original copy of the Philippine Statistics Authority (PSA)-issued marriage certificate.
    • If married abroad, the marriage certificate should be authenticated by the Philippine Embassy/Consulate abroad (if not already registered with the PSA).

  4. Birth Certificate of Filipino Spouse

    • PSA-issued copy of the Filipino spouse’s birth certificate.

  5. Valid Passport of the Foreign Applicant

    • Passport must be valid for at least six (6) months beyond the date of application.
    • Must show entry stamp and valid stay (tourist visa extension stamps or other valid status).

  6. NBI Clearance or Police Clearance

    • For applicants who have stayed in the Philippines for six (6) months or more, a National Bureau of Investigation (NBI) Clearance may be required.
    • For those who have been in the Philippines for less than six (6) months, a police clearance from the applicant’s country of origin or residence (duly authenticated by the Philippine Embassy/Consulate) may be required.

  7. Photographs

    • Passport-size photographs with white background (the specific number of copies can vary, usually around 2-4).

  8. Additional Requirements

    • Depending on the applicant’s nationality and circumstances, additional documents, affidavits, or clearances might be requested. For example, proof of financial capacity (e.g., bank statements, employment certificate, or business registration).

6. Application Fees and Processing Times

  1. Application Fees

    • Fees vary and are subject to change, but generally include:
      • Visa application fee (to be paid at the Bureau of Immigration).
      • Annual Report fee (for all foreign nationals with valid immigrant or non-immigrant visas, paid in January or early in the year).
    • It is best to check the most recent fee schedule on the BI’s website or inquire directly at the Bureau of Immigration.

  2. Processing Times

    • Processing of a 13A visa can take several weeks to a few months, depending on:
      • The completeness of the applicant’s documentation.
      • The workload of the BI.
      • Any required personal appearances or interviews.
    • Expedited processing is typically not available for 13A visas; applicants should apply well in advance of the expiry of their current visa status.

7. Step-by-Step Application Process

Below is a general outline of the 13A visa application process:

  1. Secure the Required Application Form

    • Download from the Bureau of Immigration website or obtain in person at the BI Main Office or designated BI field office.

  2. Gather Documents

    • Assemble all required documents as listed in Section 5. Ensure that originals and photocopies are available.

  3. Obtain NBI Clearance (If Required)

    • Applicants who have stayed in the Philippines for six months or more need an NBI Clearance.
    • If not, secure a police clearance from your home country with the required authentication.

  4. Complete the Joint Affidavit of Sponsorship and Support

    • Often notarized or certified, depending on local regulations.

  5. Submit Application at the BI

    • File the application at the BI Main Office (Intramuros, Manila) or another authorized BI office that processes 13A applications.
    • Pay the corresponding fees.
    • Some offices issue an Order of Payment Slip (OPS) before fees are paid at the BI cashier.
    • Obtain the official receipt (OR) after payment.

  6. Attend Biometrics and/or Interview

    • The applicant may be required to undergo biometrics capture.
    • An interview or hearing before a BI Board of Commissioners lawyer may be scheduled. Both spouses should typically be present if requested.

  7. Receive the Visa Implementation/Stamp

    • If the application is approved, the BI will stamp the applicant’s passport with the 13A Visa (Probationary or Permanent).
    • The BI will issue a Certificate of Residence or Identification Certificate as applicable.

  8. Report of Alien Registration and ACR I-Card

    • Upon approval, the applicant will be issued or must apply for an Alien Certificate of Registration (ACR) I-Card.
    • Annual Report requirement: All foreign nationals holding valid immigrant or non-immigrant visas must report to the BI each year (usually within the first 60 days of the year).

8. Conversion from Probationary to Permanent Status

  1. Timing

    • The application for conversion from a one-year probationary 13A status to permanent 13A is typically made within one (1) month before the probationary period expires.

  2. Requirements

    • Similar documentation as for the initial application, but typically fewer.
    • The foreign spouse must prove that the marriage is still valid and subsisting.
    • Updated NBI clearance.
    • Proof of financial capacity/support may be required again.

  3. Approval

    • Once approved, the foreign spouse receives a Permanent 13A Visa, which usually does not need to be renewed as long as the marriage remains valid and the visa holder complies with Philippine laws and immigration regulations.

9. Maintaining and Renewing the 13A Visa

  1. Validity

    • The Permanent 13A Visa itself does not expire, but the ACR I-Card will have a validity period (e.g., five years). The card must be renewed before its expiry date.

  2. Annual Report

    • All foreign nationals with valid visas (including 13A holders) must complete an Annual Report to the Bureau of Immigration each calendar year. This can usually be done at the BI Main Office or authorized field offices. There is a small fee for this report.

  3. Conditions That Could Lead to Revocation

    • Termination of Marriage: If the marriage to the Filipino spouse is legally terminated (divorce recognized in another jurisdiction, annulment, etc.), the BI may revoke or downgrade the visa.
    • Criminal Convictions or any violation of immigration rules can also result in revocation.

10. Frequently Asked Questions

  1. Can I work in the Philippines with a 13A Visa?

    • Yes. A 13A Visa grants permanent resident status in the Philippines. Permanent residents are generally permitted to engage in employment, business, or any legal activity that Filipinos are permitted to do, unless otherwise restricted by law.

  2. What happens if we live abroad temporarily?

    • A 13A holder can generally leave and re-enter the Philippines, provided the passport and ACR I-Card are valid. If you are absent from the Philippines for a prolonged period, ensure that you continue to meet annual reporting obligations and confirm re-entry formalities with the BI.

  3. Are there restrictions based on nationality?

    • Certain rules may vary for nationals of specific countries, but the overall eligibility hinges on the validity of the marriage to a Filipino citizen and compliance with Philippine immigration laws.

  4. Can same-sex spouses apply for a 13A Visa?

    • As of this writing, Philippine law does not recognize same-sex marriage performed in the Philippines. However, the recognition of same-sex marriages contracted abroad is not yet fully settled in practice. It is recommended to consult directly with the Bureau of Immigration or a qualified immigration attorney for the latest updates on this matter.

11. Practical Tips and Reminders

  • Check for Updates: Philippine immigration regulations and fees are subject to change. Always verify current requirements on the BI’s official website or by visiting a BI office in person.
  • Prepare Original Documents: Always bring originals of critical documents (passport, marriage certificate, birth certificate, etc.) and sufficient photocopies.
  • Observe Deadlines: File applications or renewals well before visa expiry dates to avoid overstaying penalties.
  • Keep Records: Maintain copies of all forms, affidavits, receipts, and other filings.
  • Attend Interviews If Scheduled: Both spouses may be required for interviews. Failure to attend can result in delays or denial.

12. Conclusion

Obtaining a 13A Non-Quota Immigrant Visa is a common route for foreign spouses of Filipino citizens who intend to establish long-term residence in the Philippines. The process involves careful gathering of documents, meeting the eligibility criteria, and adhering to immigration procedures and timelines. After successfully completing the probationary period, the foreign national may become a permanent resident, enjoying most rights and privileges granted to Filipino citizens (except those constitutionally reserved to Filipinos, such as the right to vote or certain land ownership restrictions).

Always consult the latest guidelines from the Philippine Bureau of Immigration or seek professional legal assistance for personalized advice and to ensure compliance with updated regulations.

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

Privacy Policy

Terms of Use

Lawyer Login

 
 
Privacy Policy         Terms of Use         Lawyer Login