Application for a Fiancé Visa in the Philippines


Dear Attorney,

I am writing to seek your professional assistance regarding my intention to apply for a Fiancé Visa in the Philippines. I currently reside in Scotland, United Kingdom, while my fiancé resides in Cavite, Philippines. It is our dream to begin our life together in the Philippines, where we plan to get married, establish our home, and invest in various ventures to support our family and community.

Specifically, I wish to understand the process, requirements, associated costs, and timeline for applying for a Fiancé Visa that will enable me to enter the Philippines and stay with my fiancé while we make arrangements for our wedding and future together. I am also interested in obtaining information about any additional permits or considerations necessary for investing in property, businesses, and schools in the Philippines after our marriage. I trust your expertise and guidance in navigating these matters.

I look forward to your advice on this matter.

Sincerely,
A Concerned Client


Legal Overview: Fiancé Visa in the Philippines

The Philippines does not offer a specific "Fiancé Visa" like other jurisdictions, such as the United States. Instead, a foreign national who wishes to marry a Filipino citizen and reside in the Philippines may initially enter the country through a tourist visa, then later transition to a more permanent visa status following the marriage. Below is a detailed discussion of the available options and processes:


Step 1: Entering the Philippines via a Tourist Visa

Foreign nationals, including UK citizens, are typically allowed to enter the Philippines under a tourist visa:

  1. Visa-Free Entry:
    Citizens of certain countries, including the United Kingdom, can enter the Philippines without a visa for an initial period of 30 days under the Visa Waiver Program. However, the foreign national must possess:

    • A passport valid for at least six months beyond the date of arrival.
    • A return or onward ticket.
  2. Visa Extension:
    If more time is needed to prepare for the wedding and other plans, the tourist visa can be extended at the Bureau of Immigration (BI). Extensions can be granted for a total stay of up to 36 months for visa-required nationals and up to 24 months for visa-waived nationals. Fees apply for each extension, ranging between PHP 3,000 and PHP 5,000 per extension.


Step 2: Marriage in the Philippines

Before transitioning to a more permanent visa, the foreign national and Filipino fiancé must marry. The steps include:

  1. Procurement of a Marriage License:
    Both parties must secure a marriage license from the local Civil Registrar of the fiancé’s locality. The requirements include:

    • For the Filipino citizen: Birth certificate, Certificate of No Marriage Record (CENOMAR), and other personal documents.
    • For the foreign national: Passport, valid visa, and a Certificate of Legal Capacity to Contract Marriage (CLCCM), which must be obtained from the embassy of the foreign national's country in the Philippines.
  2. Solemnization of Marriage:
    The marriage can be officiated by a judge, priest, minister, or other authorized individuals in the Philippines. After the wedding, the marriage must be registered with the Philippine Statistics Authority (PSA).


Step 3: Transition to a Permanent Visa

Once married, the foreign national can apply for a visa to stay in the Philippines long-term. Two main visa options are available:

  1. 13(a) Non-Quota Immigrant Visa (Marriage Visa):
    The 13(a) Visa allows the foreign spouse of a Filipino citizen to reside permanently in the Philippines. Requirements include:

    • Marriage Certificate issued by the PSA.
    • Filipino spouse’s proof of citizenship (e.g., birth certificate).
    • Joint affidavit of cohabitation.
    • Police clearance from the applicant's country of origin.
    • NBI clearance in the Philippines.

    Processing Time:
    Initial approval can take 1–3 months. Once approved, the foreign national is granted a probationary 1-year visa, renewable to permanent status upon review.

    Cost:
    Approximate costs range from PHP 8,000 to PHP 15,000, depending on filing fees and documentation.

  2. Temporary Resident Visa (TRV):
    A TRV may also be applied for if the foreign spouse does not yet wish to commit to permanent residency.


Additional Considerations: Investments and Property Ownership

  1. Business Investments:
    Foreign nationals are allowed to invest in businesses in the Philippines under the Foreign Investments Act (RA 7042), subject to restrictions in the Negative Investment List. Schools and other educational institutions may fall under areas with foreign ownership limits.

  2. Property Ownership:
    The Philippine Constitution restricts land ownership to Filipino citizens or corporations owned predominantly by Filipinos. However, foreign nationals may:

    • Own condominium units (up to 40% of a project).
    • Lease land for up to 50 years, renewable for an additional 25 years.
  3. Pre- and Post-Marriage Investments:
    It is advisable to secure professional advice before making investments, particularly if the properties are intended for family use. Joint ownership with the Filipino spouse is a common arrangement.


Costs and Timelines Summary

  • Tourist Visa (Entry): Free (Visa Waiver) or PHP 3,000–5,000 (extension fees).
  • Marriage Process: PHP 5,000–10,000 (marriage license, solemnization, documentation).
  • 13(a) Visa Application: PHP 8,000–15,000.
  • Overall Timeline: 3–6 months (entry, marriage, and visa transition).

Legal Assistance and Recommendations

Given the complexities of Philippine immigration and family law, retaining the services of an experienced attorney is strongly advised. An attorney can assist in:

  • Preparing and submitting visa applications.
  • Ensuring compliance with local laws during the marriage process.
  • Advising on the legal and financial implications of property and business investments.

If you have further questions or require clarification, I would be happy to provide additional details tailored to your specific circumstances.

Sincerely,
[Your Attorney]

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