Quota Immigrant Visas (Section 13) in the Philippines
Requirements, Procedure, Rights, and Compliance
1. Overview
A quota immigrant visa (often called a “13 quota visa”) is the only numerically limited immigrant class under the Philippine Immigration Act of 1940 (Commonwealth Act No. 613, “PIA”). Each calendar year, the Bureau of Immigration (BI) may grant up to 50 visas per nationality for applicants who can “contribute to the economic, social, or cultural development of the Philippines” and who are not disqualified on health, security, or moral grounds (PIA, §13). Unlike non‑quota immigrant categories (marriage to a Filipino, returning former citizens, etc.), quota visas are purely merit‑based and do not require family, employment sponsorship, or prior residency.
2. Legal Foundations
| Instrument | Key Provisions |
|---|---|
| Commonwealth Act No. 613 (1940) | §13(a)–(g): quota and non‑quota immigrants; §9: non‑immigrant classes; §§42–45: medical exclusion; §46: moral turpitude; §47: administrative powers. |
| BI Omnibus Rules and Regulations (latest consolidated edition) | Chapter 6, Part IV: documentary requirements, adjudication flow, fees. |
| Executive Order No. 478 (1991) & subsequent BI Schedule of Fees | Current government charges and legal research fees. |
| National internal revenue & labor statutes | Alien employment permits, tax residence, and PEZA/CLS incentives that may apply once resident. |
(Statutory citations are current to 19 April 2025. Always confirm the latest issuances before filing.)
3. Annual Nationality Quota
- Quota size – 50 per country of citizenship, reset 1 January.
- No wait‑list carry‑over – unused slots expire each year.
- First‑to‑file principle – BI logs the date/time a complete application package is docketed; incomplete filings do not reserve a slot.
- Nationality vs. citizenship – dual nationals count against each country’s allotment; an applicant must elect one nationality for quota purposes.
4. Eligibility Criteria
- Good health – free from dangerous, contagious, or mentally incapacitating conditions (§42, PIA) supported by a DOH‑accredited medical report.
- Good moral character – no conviction for crimes involving moral turpitude or sentenced to ≥1 year imprisonment; must present clear police certificates from:
- country of citizenship;
- any country of residence for the preceding 5 years; and
- Philippine NBI if applicant has stayed ≥6 months.
- Economic, social, or cultural “benefit” – BI looks at:
- verifiable net worth or income stream (long‑standing practice: ≥ USD 50 000 or local equivalent in liquid assets, though no statute fixes an amount);
- professional achievements or specialized skills;
- proposed business or philanthropic activity.
- Not otherwise excludable – security risk, polygamy, prostitute, etc. (PIA §§29–30).
- Passport validity – ≥ 1 year beyond intended date of entry/issuance.
Tip: Although not expressly required, letters of endorsement from Philippine employers, chambers of commerce, academe, or recognized NGOs often strengthen the “benefit” prong.
5. Documentary Checklist (core items)
| # | Document | Typical Form/Issuer | Notes |
|---|---|---|---|
| 1 | Letter‑request to the Commissioner | Applicant or counsel | State legal basis (§13), nationality, assets/skills, and intent. |
| 2 | BI Consolidated General Application Form (CGAF) | BI | Duly notarized. |
| 3 | Passport (original + 1 certified copy) | Applicant | Must show current temporary visitor visa or arrival stamp if filing in country. |
| 4 | Birth certificate | PSA/foreign vital office | Authenticated (Apostille/legalized). |
| 5 | Police clearance(s) | Police/Auth. agency | Apostilled; validity: 6 months from issuance. |
| 6 | NBI clearance | NBI (Philippines) | If applicant has stayed ≥6 months. |
| 7 | Medical certificate | DOH‑accredited clinic | BI Form MCL‑07-01 or WHO standard; validity: 3 months. |
| 8 | Proof of financial capacity | Bank certs, tax returns, audited F/S, property titles, pension proof, etc. | Show liquidity and lawful origin; must be in English or translated. |
| 9 | Photographs | 2” × 2”, white bg | Six copies, signed at back. |
| 10 | Affidavit of undertaking | Applicant | To obey Philippine laws and report annually. |
| 11 | BI Memorandum of Undertaking (MOU) | Executes once approved | For alien registration and annual report compliance. |
Additional documents (marriage cert, diplomas, endorsements, business plans) may be requested case‑by‑case.
6. Application Pathways
6.1. Abroad – Philippine Foreign Service Post (PFSP)
- Pre‑screening by Consular Section.
- Transmittal to BI Headquarters, Manila, for adjudication.
- Upon approval, immigrant visa foil is affixed; applicant enters the Philippines as “13‑A Quota Immigrant, First Admission.”
Pros: avoids overstaying on a tourist visa; clear slot reservation.
Cons: longer overall timeline (postal transit + inter‑agency coordination).
6.2. In‑Country Conversion (“Change of Visa Status”)
- Applicant enters on temporary visitor (9(a)) or similar.
- Files CGAF at BI Main Office (Intramuros) or a designated BI One‑Stop‑Shop (OSS).
- May seek provisional permit to stay pending visa decision; must extend tourist status every 1–2 months until approval.
Pros: remain in PH during processing; immediate interaction with BI evaluators.
Cons: compliance burden (extensions, emigration clearance if leaving temporarily).
7. Step‑by‑Step Procedure (In‑Country)
| Step | Responsible Office | Time‑frame* | Notes |
|---|---|---|---|
| 1 | Filing & Assessment | Central Receiving Unit (CRU) | Same day |
| 2 | Verification & Evaluation | Immigrant Visa Section | 2–4 weeks |
| 3 | Legal Division review | Legal Division | 2 weeks |
| 4 | Board of Commissioners (BoC) deliberation | BoC (3‑member quorum) | Meeting schedule, usually weekly |
| 5 | Order of Approval + collection of fees | Cashier | 1–3 days |
| 6 | Visa implementation | Visa Implementation Unit | 1 day |
| 7 | Alien Certificate of Registration (ACR‑I‑Card) | ACR I‑Card Center | 1–2 weeks |
*Indicative working‑day counts; delays common if documents need verification abroad.
8. Government Fees (as of April 2025)**
| Particular | Amount (PHP) |
|---|---|
| Application/processing | 10 130 |
| Quota allocation fee | 50 000 |
| Visa fee (implementation) | 25 000 |
| ACR I‑Card (5 yrs) | 3 600 |
| Express Lane & LRF | 1 500–2 000 |
| Estimated total | ≈ 90 000 PHP |
**Subject to BI’s semi‑annual fee circulars and 12 % VAT on certain items.
9. Post‑Approval Obligations
- ACR I‑Card must be carried at all times (Alien Registration Act No. 265).
- Annual Report – every January–March, personal appearance or via accredited representative with Special Power of Attorney.
- Exit/re‑entry – obtain a valid re‑entry permit (RP) for trips < 1 year; *special return certificate* (SRC) if planning > 1 year abroad.
- Address/civil status change – written notice to BI within 10 days.
- Tax residence – quota immigrants become resident aliens for income‑tax purposes once physically present > 180 days in a calendar year (NIRC §22(E)).
- Employment – separate Alien Employment Permit (AEP) from DOLE unless job is PEZA, BOI, or special treaty‑exempt.
10. Rights and Privileges
- Live, work, study, or establish business in the Philippines without needing Special Work Permits (SWP) or Special Investor’s Resident Visa (SIRV).
- Own up to 40 % of equity in Philippine‑incorporated companies (or up to 100 % in areas not on the Foreign Investment Negative List).
- Convert to Philippine citizenship after meeting naturalization residence requirements (usually 10 years; 5 years if married to a Filipino or engaged in a trade “useful to the country”).
- Exemption from Bureau of Immigration “updated stay” requirements applicable to non‑immigrant visa holders.
11. Grounds for Revocation or Cancellation
| Basis | Example |
|---|---|
| Misrepresentation or fraud | Fake bank statements, concealed criminal record. |
| Failure to maintain qualifications | Subsequent felony conviction; severe contagious disease. |
| Abandonment | Remaining abroad > 1 year without a valid SRC or unmaintained re‑entry permit. |
| National security or public health grounds | BI may summarily deport under §37, PIA. |
Cancellation results in downgrading to tourist status or summary deportation; fees are non‑refundable.
12. Common Pitfalls & Practical Tips
- Incomplete Apostilles/Legalization – Philippine consulates strictly reject uncertified foreign documents.
- Expired police certificates – obtain them last; some countries’ certificates expire after 3 months.
- Under‑documenting financial capacity – provide audited statements or Tier‑1 bank certifications, not mere screenshots.
- Slot depletion – file early in the year (January or February).
- Overstaying during processing – keep tourist visa extensions current until implementation.
- Failure to track travel days – always secure re‑entry permit before departure.
13. Relationship to Other Visa Categories
| Category | Key Differences |
|---|---|
| 13(a) Spouse visa | Unlimited; must remain married; conditional for first year. |
| SRRV (Retirement) | Issued by PRA, not BI; deposit requirement but investor flexibility; no nationality quota. |
| SIRV, 47(a)(2), PEZA, ROHQ visas | Non‑immigrant or special-resident; tied to investment project or employer; loss of status if business ends. |
| Citizenship by naturalization | Permanent political rights but requires renunciation of prior citizenship (unless through dual‑citizenship law). |
Applicants sometimes apply for a quota visa after holding a work or investor visa to secure truly permanent status.
14. Tax, Estate, and Succession Considerations
- Resident aliens are taxed on Philippine‑source income only (NIRC §23).
- Capital gains & estate taxes apply to Philippine situs assets; proper estate planning (trusts, insurance) is recommended.
- Social Security System (SSS) voluntary membership is open to immigrant residents and may ease future retirement or disability claims.
15. Possible Reforms (Legislative Watch)
- Draft bills since 2021 propose:
- Increasing quota per country to 200;
- Replacing paper visas with e‑visas;
- Merging ACR I‑Card and National ID for resident aliens.
- As of April 2025, none have passed both houses; practitioners should monitor BI circulars and Senate Bill No. 2273.
16. Conclusion
The Philippine quota immigrant visa offers a direct path to permanent residency for well‑qualified foreigners who can demonstrate sound health, good moral character, and the capacity to benefit the Philippines economically, culturally, or socially. Because only 50 slots per nationality exist each year and the documentation bar is high, early planning, meticulous paperwork, and continuous immigration‑compliance discipline are vital. Applicants and advisers should regularly verify fee schedules and procedural circulars, as BI administrative practice evolves faster than the underlying statute.
17. Appendix A – Indicative Timeline (In‑Country)
| Week | Activity |
|---|---|
| 0 | Gather documents; apostille; medical test. |
| 1 | File CGAF; pay assessment fee. |
| 2–6 | BI Evaluation & Legal review. |
| 7 | BoC approval; pay quota/visa fees. |
| 8 | Visa implementation & ACR I‑Card capture. |
| 9–10 | Receive ACR I‑Card; begin resident alien compliance cycle. |
Timelines vary; applicants with unusual nationality issues or document authentication delays may take 4–6 months.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Immigration rules change frequently; consult the Bureau of Immigration or a Philippine immigration lawyer to confirm current requirements before taking any action.