Dear Attorney,

I hope this letter finds you well. I am reaching out to request your guidance regarding two residency options we are currently exploring in the Philippines. My husband and I have been married for over 25 years and currently reside in the United States. We are considering applying for my husband's Philippine residency by marriage, as well as evaluating the newly announced Bataan Foreign Investor Visa (FIV) residency by investment program.

Specifically, we seek your professional advice on the following:

Residency by Marriage:
- The expected duration of the residency by marriage application process.
- A detailed breakdown of your fees and any government fees or taxes associated with this process.
- A list of the services your firm provides, particularly those related to paperwork preparation, processing, mailing, and any logistical support.
- Clarification on which parts of the process require in-person attendance from my husband or myself (e.g., biometrics, interviews, or any other obligations).
Bataan FIV Residency by Investment:
- A detailed explanation of the process, requirements, and expected timelines for this option.
- Financial obligations, including investment thresholds, fees, and other costs associated with the program.
- The specific services your firm offers to facilitate this process.

Thank you in advance for your assistance. I look forward to your expert advice.

Sincerely,
[Concerned Client]

Residency by Marriage in the Philippines: Legal Overview

The Philippines offers residency to foreign spouses of Filipino citizens under Section 13(a) of the Philippine Immigration Act of 1940. This process grants non-immigrant spouses the ability to reside legally in the Philippines with their Filipino partner.

Eligibility Requirements

To qualify for residency by marriage, the applicant must:

Be legally married to a Filipino citizen.
Possess no prior criminal record.
Meet financial stability requirements to ensure no dependency on the Philippine government.

Application Process and Timeline

The process for obtaining residency by marriage generally takes 2 to 4 months, depending on the completeness of submitted documents and the workload of the Bureau of Immigration (BI). Below are the primary steps:

Submission of Requirements: Key documents include:
- Accomplished 13(a) Visa Application Form.
- Photocopy of the biographic page of the applicant's passport.
- Certified true copy of the marriage certificate (issued by the Philippine Statistics Authority for marriages in the Philippines or authenticated by the Philippine Embassy/Consulate for marriages abroad).
- Proof of financial capacity (e.g., bank statements, employment certificates).
- Medical examination report.
Evaluation and Verification:
- The BI reviews the documents to ensure compliance with legal and procedural requirements.
- Additional documents may be requested, which can extend processing times.
In-Person Steps:
- Personal Appearance: The foreign spouse must appear at the BI for biometrics and photo capture.
- Interview: Both spouses may be required to attend an interview to validate the legitimacy of the marriage.
Approval and Visa Issuance:
- Upon approval, the BI will issue a Probationary 13(a) Visa, typically valid for one year. Afterward, the applicant can apply for a Permanent 13(a) Visa.

Costs

Government Fees: Approximately PHP 8,620 to PHP 12,000, depending on the visa type (probationary or permanent).
Attorney/Processing Fees: Fees vary but typically range from PHP 30,000 to PHP 50,000 for comprehensive legal assistance, including document preparation, submission, and representation.

Services Offered

As a full-service firm, we provide:

Comprehensive Document Review: Ensuring all paperwork meets BI standards.
Preparation and Filing: Drafting and submitting forms on your behalf.
Scheduling and Coordination: Arranging in-person appointments at the BI.
Legal Representation: Advocacy during interviews and compliance checks.

Bataan Foreign Investor Visa (FIV): Legal Overview

The Bataan Foreign Investor Visa (FIV) program is a recent initiative designed to attract foreign investors by granting residency in exchange for investment in the Bataan Economic Zone.

Eligibility and Investment Requirements

To qualify for the FIV, applicants must:

Invest a minimum amount (e.g., USD 75,000 to USD 100,000, depending on the guidelines issued by the Philippine government).
Demonstrate financial capability to sustain their stay in the Philippines.
Ensure compliance with all national laws and regulations concerning foreign investment.

Eligible investments include:

Ownership stakes in local enterprises.
Real estate development within the Bataan Economic Zone.
Government-approved projects promoting economic growth in Bataan.

Application Process

Preliminary Evaluation:
- Applicants submit an initial investment proposal to the appropriate government agency (e.g., the Philippine Economic Zone Authority or the Authority of the Freeport Area of Bataan).
- Upon approval, they may proceed with the visa application.
Visa Application:
- Submit personal and financial documents, including proof of investment, to the BI.
- Appear for biometrics and interview (if required).
Grant of Residency:
- Successful applicants receive a special visa granting them residency tied to their investment.

Costs

Investment Amount: Minimum thresholds vary by project but typically range from USD 75,000 to USD 100,000.
Processing Fees: Approximately PHP 20,000 to PHP 30,000.
Legal Fees: PHP 50,000 to PHP 100,000, depending on the complexity of the application.

Services Offered

We assist in:

Investment Structuring: Advising on eligible investment opportunities.
Document Preparation: Ensuring compliance with BI and investment agency standards.
Liaison Services: Coordinating with government bodies on your behalf.
Representation: Providing legal support during interviews and approval processes.

Comparison and Considerations

Factor	Residency by Marriage	Bataan FIV Residency by Investment
Processing Time	2–4 months	4–6 months
Cost	PHP 38,000–62,000	USD 75,000+ (investment) + PHP 70,000+
In-Person Requirements	Biometrics, interview	Biometrics, investment validation
Residency Duration	Permanent (after probationary period)	Conditional on maintaining investment

Recommendations

For a foreign spouse seeking long-term residency, the 13(a) Visa is a cost-effective option, especially for couples planning to live primarily in the Philippines. On the other hand, the Bataan FIV is ideal for individuals interested in leveraging residency to engage in investment opportunities.

Should you require further assistance, please feel free to contact us. We look forward to helping you navigate this process with ease.

Sincerely,
[Your Legal Team]