Dear Attorney,

I am married to a Filipina, and I would like to inquire if I can apply for her residency status. What is the process and what are the necessary requirements for this application? Is it possible to use her residency to stay in the Philippines long-term?

Thank you.

Concerned Spouse

Insights

Residency of Foreign Spouses in the Philippines

The concept of residency for foreign spouses of Filipinos is governed by Philippine immigration laws and policies, specifically under the Bureau of Immigration (BI). Foreign nationals married to Filipino citizens may be eligible for various visa options that grant residency or long-term stay privileges. A foreign spouse may apply for specific visa types designed to allow them to stay in the Philippines either temporarily or permanently, subject to compliance with legal requirements.

Visa Options for Foreign Spouses

13(a) Non-Quota Immigrant Visa (Spouse of a Filipino Citizen) One of the most common residency options for foreign spouses is the 13(a) Non-Quota Immigrant Visa, which is provided under Section 13(a) of the Philippine Immigration Act of 1940. This visa is specifically available for foreign nationals who are married to Filipino citizens. The visa allows the foreign spouse to reside permanently in the Philippines without needing to exit the country every few months. It is essential to understand the eligibility criteria, as well as the process for application:
- Eligibility Requirements:
  - The applicant must be married to a Filipino citizen.
  - The marriage must be valid and legally recognized in the Philippines.
  - The foreign national must be of good moral character.
  - The applicant must not be a public charge (i.e., financially dependent on the government).
  - The foreign national must be allowed to enter the Philippines under Philippine immigration laws.
- Application Process:
  - The application for a 13(a) visa can be filed at the Philippine Bureau of Immigration if the foreign spouse is already in the Philippines, or at a Philippine Embassy or Consulate if applying abroad.
  - Documents required typically include a notarized application form, a marriage certificate, the Filipino spouse’s birth certificate, the foreign national's passport, proof of financial capacity, and a clearance from the National Bureau of Investigation (NBI) or its foreign equivalent.
  - The visa is initially issued for one year. After this period, the foreign spouse may apply for permanent residency.
Temporary Visitor Visa (9(a) Visa)
- A 9(a) Tourist Visa allows the foreign spouse to stay in the Philippines temporarily. While the 9(a) visa is not intended for permanent residency, it may be extended for up to two years under certain conditions.
- While on a 9(a) visa, foreign spouses may decide to switch to a 13(a) visa during their stay in the Philippines if they meet the eligibility criteria.
Balikbayan Privilege
- Under the Balikbayan Program, a foreign national married to a Filipino citizen can enter the Philippines and stay visa-free for up to one year. This privilege is given upon arrival at a Philippine port of entry. It can be renewed by leaving and re-entering the Philippines, but it is not a permanent residency visa.
- While the Balikbayan privilege is beneficial for short-term stays, foreign spouses who intend to live in the Philippines long-term are better suited to apply for a 13(a) visa for stability.

Residency vs. Citizenship

It is crucial to understand that acquiring residency through a 13(a) visa does not grant Philippine citizenship. Residency allows the foreign spouse to stay in the Philippines indefinitely, but they remain citizens of their home country. A foreign spouse may eventually decide to apply for Philippine naturalization, which is a separate and more rigorous legal process involving renunciation of previous nationality and undergoing citizenship requirements set by Philippine laws.

Residency for Tax and Legal Purposes

Residency is not only important for immigration purposes but also for legal and tax matters in the Philippines. Foreign spouses who become residents may be subject to local taxation on income derived from sources within the Philippines. In contrast, non-residents may be subject to different tax rates. It is advisable for foreign spouses planning to reside in the Philippines to consult both legal and tax professionals to ensure compliance with Philippine laws and regulations.

Rights and Privileges of Resident Foreign Spouses

Foreign spouses who successfully obtain residency under the 13(a) visa enjoy several rights, including:

The ability to live and work in the Philippines (subject to certain conditions).
Access to public services, such as health care and education.
The ability to engage in lawful business ventures.
Exemption from certain visa restrictions applicable to other foreign nationals.

However, it is also worth noting that residency does not automatically allow foreign spouses to own land in the Philippines. Under the Philippine Constitution, land ownership is restricted to Filipino citizens. A foreign spouse may only acquire land through inheritance or may own real estate under specific conditions, such as co-owning property with their Filipino spouse or purchasing a condominium unit.

Challenges and Considerations

While the process of obtaining a 13(a) visa is straightforward for many, there can be challenges, especially in proving financial capacity or obtaining required clearances. The Bureau of Immigration may also impose additional documentary requirements in specific cases, which could delay the approval process.

Additionally, maintaining residency status requires compliance with various laws and immigration rules. Foreign spouses are expected to report annually to the Bureau of Immigration to confirm their residency status and update their records.

Conclusion

The 13(a) Non-Quota Immigrant Visa is the most practical option for foreign spouses of Filipino citizens who wish to reside in the Philippines long-term. It grants them the legal right to live in the country without the constant need for visa renewals. However, foreign spouses should be mindful of the legal implications of residency, including tax obligations, property rights, and compliance with immigration regulations. Seeking legal advice from a qualified immigration lawyer is essential to navigate this process smoothly.