Dear Attorney,
I am a Filipino citizen, and my foreign spouse and I are planning to live in the Philippines. My question is, can we process my spouse's visa only when we arrive in the Philippines? Should my spouse first apply for a tourist visa and then change the visa status after we arrive?
Sincerely,
Concerned Spouse
Insights
In the Philippines, a foreign spouse of a Filipino citizen can indeed apply for a visa after arriving in the country, but it is essential to consider a few factors.
First, your spouse can initially enter the Philippines on a tourist visa. Upon arrival, they may apply to convert this tourist visa to a 13(a) Non-Quota Immigrant Visa, which is specifically available for foreign spouses of Filipino citizens. This visa allows the foreign national to reside permanently in the Philippines, provided they meet the necessary requirements.
It is worth noting that the 13(a) visa application can be processed within the Philippines through the Bureau of Immigration. However, the application process involves several steps, including providing proof of marriage, financial capability to support the foreign spouse, and other documentation.
Before entering the Philippines, it is advisable to check if the tourist visa is the most suitable option for your spouse. In some cases, applying directly for a 13(a) visa through a Philippine consulate or embassy in the spouse’s home country may be more convenient, as it allows for a more straightforward transition into a permanent residency once you arrive in the Philippines.
Regardless of whether the visa is processed abroad or upon arrival, the key is to ensure that all necessary documents are prepared and available, such as your marriage certificate, proof of Filipino citizenship, and supporting financial documentation. Failure to provide these could delay the visa conversion process.
Lastly, always check for any updates or changes in immigration laws and policies, as these can impact the processing times and requirements for converting a tourist visa to a 13(a) visa.