Philippine 13G Visa Application Process for Spouses of Filipino Citizens

Disclaimer: The following information is provided for general informational purposes only and does not constitute legal advice. Immigration rules and regulations may change over time, and actual procedures may vary depending on the Bureau of Immigration’s policies. If you need advice on a specific case or the most updated requirements, please consult directly with the Philippine Bureau of Immigration or a qualified immigration attorney.

1. Introduction to the 13(g) Immigrant Visa

In the Philippines, the Immigration Act of 1940 (Commonwealth Act No. 613) governs the admission of foreigners. Under Section 13 of the Act, there are different sub-visa classifications for non-quota immigrant visas. One of these is the 13(g) visa, which is designed for:

  1. A natural-born citizen of the Philippines who has subsequently been naturalized in a foreign country and wishes to reside in the Philippines permanently.
  2. The spouse or unmarried child (below 21 years of age) of such a natural-born Filipino who was naturalized abroad.

While many people are more familiar with the 13(a) Immigrant Visa—issued to the foreign spouse of a Filipino citizen currently holding Philippine citizenship—the 13(g) Immigrant Visa is particularly relevant for families where the principal applicant was originally Filipino by birth but lost Philippine citizenship through naturalization in another country. Hence, if you are the spouse of a Filipino who was natural-born but acquired another nationality, you may qualify under the 13(g) category.

2. Eligibility Requirements

To determine if you are eligible for a 13(g) visa, the following conditions typically apply:

  1. Natural-Born Filipino Principal

    • The principal applicant (or the Filipino spouse/parent) must have been born in the Philippines and was recognized as a Filipino at birth.
    • This individual has since become naturalized in a foreign country, thereby losing Filipino citizenship (unless dual citizenship was subsequently reacquired under RA 9225, but that is a separate process).

  2. Spouse of the Natural-Born Filipino

    • If you are the spouse of a person who meets the above criteria, you may qualify for a 13(g) visa yourself.
    • You must have a valid and subsisting marriage with the principal (natural-born Filipino who lost citizenship by foreign naturalization).

  3. Minor Children (If Applicable)

    • Unmarried children under 21 years of age, regardless of their place of birth, can be included in the petition under 13(g) if they are legitimate, illegitimate (recognized), or adopted.

  4. No Disqualification

    • Applicants must not fall under any class of excludable or deportable foreign nationals (e.g., persons with certain criminal convictions, those with dangerous communicable diseases, etc.).

3. Documentary Requirements

The exact list of requirements can vary slightly depending on the Bureau of Immigration’s latest guidelines. However, the typical documents for a 13(g) application include:

  1. Duly Accomplished Application Form

    • The BI (Bureau of Immigration) often requires filling out an application form specific to the 13(g) visa. This can usually be obtained at a BI office or downloaded from their official website.

  2. Valid Passport

    • The applicant (and any derivative beneficiaries such as the spouse or children) must present a passport valid for at least six (6) months beyond the intended period of stay.

  3. Birth Certificate of the Principal Applicant

    • The principal (the former natural-born Filipino) should present an official Philippine Statistics Authority (PSA, formerly NSO) birth certificate to prove Filipino birth.

  4. Proof of Naturalization in a Foreign Country

    • For the principal applicant, a foreign certificate of naturalization or foreign passport showing nationality is typically required to prove the change in citizenship.

  5. Marriage Certificate (for spouse applicants)

    • PSA-issued marriage certificate (if the marriage took place in the Philippines) or foreign marriage certificate with Apostille/authentication if the marriage took place outside the Philippines.

  6. Photos

    • Passport-size photos (size and background specifications vary; commonly 2”x2” with white background).

  7. Proof of Financial Capacity or Support

    • Bank statements, affidavit of support, or other evidence that the applicant can financially support themselves in the Philippines.

  8. NBI / Police Clearance

    • A clearance from the National Bureau of Investigation (NBI) if already in the Philippines for over 6 months.
    • A police clearance from the foreign country of origin or from places of residence in the past year (depending on BI requirements).

  9. BI Clearance Certificate

    • Applicants may be required to obtain BI Clearance during the process to prove no derogatory record in the Philippine Bureau of Immigration.

  10. Other Documents

  • Additional documentation may be required based on specific circumstances (e.g., proof of a child’s legitimacy, adoption papers, etc.).

4. Step-by-Step Application Procedure

While exact steps can differ according to the latest BI memorandum orders, the following is a general outline:

  1. Pre-Application Preparation

    • Gather all required documents (birth certificates, marriage certificates, clearances, etc.).
    • Ensure that foreign-issued documents are duly authenticated (Apostilled or legalized at the Philippine Embassy/Consulate abroad if required).

  2. Submit Application

    • Go to the Bureau of Immigration Main Office (in Intramuros, Manila) or an authorized BI field office (if applicable) that processes 13(g) visas.
    • Fill out and submit the application form.
    • Present all the supporting documents in original and photocopies for verification.

  3. Payment of Fees

    • Pay the corresponding filing fees, legal research fee, express lane fee, and any other fees at the cashier. Make sure to keep the official receipts.

  4. Interview and Biometrics

    • Some applicants may be required to undergo an interview to verify eligibility.
    • Biometrics capture (fingerprinting and photo) may be done.

  5. Evaluation and Order

    • The application will be evaluated by BI personnel or the Board of Commissioners.
    • If necessary, applicants might be asked to submit additional documents.

  6. Issuance of Visa

    • Once approved by the BI Board of Commissioners, a stamp or visa sticker (called the Implementation Stamp) will be placed on the passport, indicating 13(g) status.
    • This confers probationary or indefinite permanent residence status (depending on BI policies and the principal’s specifics).

  7. Annual Reporting

    • Like all registered foreigners in the Philippines, 13(g) visa holders are required to comply with the Annual Report at the Bureau of Immigration during the first 60 days of each calendar year.

5. Fees and Processing Time

  • Application Fees:
    The BI charges various fees for filing, implementation, express lane, and legal research. These fees can change, but it is common to expect a few thousand Philippine pesos in total.
  • Processing Time:
    • Processing can range from a few weeks to a few months, depending on the complexity of the case and the workload at BI.
    • Following up with the BI or working with an accredited liaison can sometimes expedite or clarify the timeline.

6. Rights and Privileges Under the 13(g) Visa

Once granted, the 13(g) visa generally confers the following benefits:

  1. Indefinite Stay

    • The holder can reside in the Philippines without the need for constant visa renewals, subject to the Bureau’s regulations (though some 13(g) visas may initially be probationary, followed by conversion to a permanent status).

  2. Multiple Entries

    • You can depart from and re-enter the Philippines without having to secure re-entry permits repeatedly (though a re-entry permit may be required for certain extended absences—verify current rules with BI).

  3. Access to Work and Business

    • Holders of valid immigrant visas can typically work, open businesses, or invest in the Philippines without needing a separate work visa (but you should still check regulations that apply to specific industries).

  4. Access to Education

    • Minor children under 13(g) are allowed to study in the Philippines without needing special study permits typically required for foreign nationals on tourist visas.

  5. Path to Reacquisition of Citizenship

    • If the principal applicant is a former natural-born Filipino, they might consider reacquiring Filipino citizenship under Republic Act No. 9225 (Dual Citizenship Law). A successful 13(g) visa is one route to residing in the Philippines while evaluating further steps like dual citizenship.

7. Common Challenges and Tips

  1. Document Authentication

    • Ensure that all foreign-issued documents (such as marriage certificates, police clearances, divorce decrees, etc.) are properly authenticated or Apostilled if required.
    • The Bureau of Immigration is strict about the authenticity of documents.

  2. Name Discrepancies

    • Make sure names on all documents match. If there are discrepancies (misspellings, different middle names), have supporting documents or affidavits to clarify.

  3. Financial Requirements

    • Be prepared to present evidence that you can support yourself (and your dependents) in the Philippines without becoming a public burden.

  4. Follow Official Channels

    • The Philippine BI website (www.immigration.gov.ph) often posts memoranda and advisories. Always check for the latest guidelines.
    • Avoid intermediaries who claim they can “fast-track” the visa in illegal ways. Stick to authorized BI personnel or BI-accredited agents if you need assistance.

  5. Plan for Annual Reporting

    • Once you have a 13(g) visa, remember to report to the BI every January to February of each year to avoid fines.

8. Renewal, Downgrading, or Cancellation

  • Renewal or Upgrading to Permanent Resident
    • In some cases, if the Bureau initially issues a one-year probationary immigrant visa, the applicant must apply for an extension or conversion to a permanent visa (if required by the BI’s evaluation).
  • Downgrading
    • If, for some reason, a 13(g) holder chooses not to maintain that status, they could request downgrading to a tourist visa (though this is uncommon unless personal circumstances change).
  • Cancellation or Revocation
    • The BI can revoke a 13(g) visa if they find grounds such as fraud in obtaining the visa, criminal conviction, or other violations of Philippine law.

9. Conclusion

The 13(g) Immigrant Visa in the Philippines is a valuable option for former natural-born Filipino citizens—and their spouses and minor children—who wish to reside in the Philippines permanently. It provides a relatively straightforward path to long-term residency and access to many of the same benefits enjoyed by Filipino citizens.

However, as with all immigration matters, success hinges on accurate documentation, compliance with BI procedures, and adherence to Philippine immigration laws. Staying informed of current rules, seeking reputable legal or accredited agency assistance (when needed), and diligently following BI updates will help ensure a smoother application process.

If you believe you may qualify for a 13(g) visa due to your or your spouse’s status as a former natural-born Filipino, it is highly recommended that you verify requirements directly with the Philippine Bureau of Immigration or consult an experienced immigration attorney to tailor advice to your specific circumstances.

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

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