Dear Attorney,

I am married to a Filipina, and I would like to know the process for obtaining a spouse visa so that I can stay in the Philippines long-term. Could you please provide some guidance on the steps and legal requirements?

Sincerely,
A Foreign Spouse

Insights

The spouse visa, or more formally referred to as the "13(a) Non-Quota Immigrant Visa," allows foreign nationals married to Filipino citizens to reside in the Philippines on a permanent basis. This visa is significant because it grants legal residency and exempts the foreign spouse from various travel-related restrictions, allowing them to freely enter and exit the Philippines.

Eligibility for the 13(a) Visa

Legally Married to a Filipino Citizen: The foreign applicant must be legally married to a Filipino citizen. This means the marriage should be valid and recognized under Philippine law. Common-law partnerships or marriages not recognized by Philippine courts may not qualify for this visa.
Applicant's Country of Origin: The foreign national must come from a country that grants permanent residency and immigration privileges to Filipinos. Essentially, it follows the principle of reciprocity. Most countries fall under this condition, but it's essential to check the reciprocity agreement between the Philippines and the applicant's country.
Good Character and Not a Public Threat: Applicants must demonstrate that they are of good moral character and do not pose a threat to public safety. This is a typical requirement in immigration processes, wherein the Philippine Bureau of Immigration ensures that the foreign national is not involved in any criminal activity or organizations that may compromise national security.
Physically Fit: As part of the process, the foreign applicant must also submit medical examinations and certificates indicating that they are free from contagious diseases.

Application Process for the 13(a) Visa

The application process for the 13(a) Visa can be completed either from outside the Philippines (via a Philippine Embassy or Consulate) or from within the country.

For Applicants Abroad: If the foreign spouse is still residing outside of the Philippines, they can apply for the 13(a) visa at a Philippine Embassy or Consulate. The applicant must complete the application form and submit all required documents to the embassy. Upon approval, the visa will be issued, allowing the foreign national to enter the Philippines under immigrant status.
For Applicants Already in the Philippines: Foreign nationals who are already in the Philippines under a different type of visa, such as a tourist visa, may apply for a change of visa status to the 13(a) visa at the Bureau of Immigration. This process will require submitting the same set of documents but will not require leaving the country.

Required Documents for 13(a) Visa Application

To apply for the 13(a) Non-Quota Immigrant Visa, the following documents are required:

Joint Letter Request: A formal letter addressed to the Commissioner of the Bureau of Immigration, requesting the approval of the 13(a) visa. This letter must be signed by both the Filipino spouse and the foreign national.
Duly Accomplished Application Form: The application form, which is available at the Bureau of Immigration or the embassy/consulate, must be filled out accurately and completely.
Marriage Certificate: The original and certified true copies of the marriage certificate, as issued by the Philippine Statistics Authority (PSA), must be submitted. If the marriage took place abroad, it must be reported to the Philippine Embassy or Consulate.
Birth Certificate of Filipino Spouse: A PSA-issued birth certificate of the Filipino spouse is required to prove the nationality of the petitioner.
Passport Copies: A copy of the foreign spouse's passport, specifically the bio-page, visa stamps, and pages showing entry to the Philippines, is necessary. The passport must be valid for at least six months from the date of application.
Proof of Financial Capacity: The foreign national may be required to provide documents proving their financial ability to support themselves while residing in the Philippines. This could include bank statements, income tax returns, or employment contracts.
NBI Clearance or Police Clearance: The foreign applicant must submit a National Bureau of Investigation (NBI) clearance if they have stayed in the Philippines for six months or longer. If the foreign spouse has lived abroad or has not stayed in the Philippines for six months, a police clearance from their country of origin will be required.
Medical Examinations: The foreign applicant must undergo a medical examination from a Department of Health (DOH)-accredited medical facility to prove that they are not suffering from any contagious diseases.
Photos: Passport-size photos of the applicant are usually required as part of the documentation.

Steps to Apply

Submission of Documents: The foreign applicant and their Filipino spouse must submit all required documents to the Bureau of Immigration or the appropriate Philippine Embassy/Consulate.
Interview: The Bureau of Immigration may schedule an interview for the applicant. This is typically a routine step to verify the details of the marriage and ensure the authenticity of the relationship.
Payment of Fees: The applicant must pay the applicable visa fees, which vary depending on where the application is filed (in-country or abroad).
Approval and Issuance: Once the application is approved, the foreign spouse will be granted a 13(a) visa, which allows them to reside in the Philippines. Initially, the visa may be issued on a probationary basis for one year, after which the foreign national may apply for permanent residency.

Probationary and Permanent Visas

The 13(a) visa is typically issued on a probationary basis for one year. During this period, the foreign national can live, work, and travel freely in and out of the Philippines. After the probationary period, the foreign national may apply for a permanent 13(a) visa, provided there are no legal issues that arose during the probationary period.

Once granted permanent resident status, the foreign national is no longer required to renew their visa annually. However, they are still required to file an Annual Report with the Bureau of Immigration.

Additional Considerations

Children of the Couple: If the foreign national and the Filipino spouse have children, they may also apply for dependent visas for their children. This would allow the children to stay with their parents in the Philippines.
Change in Marital Status: If the marriage ends in divorce or annulment, the 13(a) visa will likely be revoked. The foreign spouse will then need to apply for a different type of visa to remain in the Philippines or leave the country.
Dual Citizenship: Some foreign spouses may choose to acquire dual citizenship if their country of origin allows it. This can streamline the residency process and provide additional benefits, such as easier travel and employment options.

The process of applying for a 13(a) Non-Quota Immigrant Visa can be straightforward as long as the foreign applicant and their Filipino spouse meet all the requirements and submit the necessary documents. Legal assistance is recommended to ensure compliance with immigration laws and to avoid delays or denials.