By Rufino M. Margate, Jr.
"Immigration Laws in the Philippines"
Discover Philippines, October 2004

NON-IMMIGRANT & IMMIGRANT VISAS

A Visa is defined by Black's Law Dictionary as an official endorsement made out on a passport, denoting that it has been examined and that the bearer is permitted to proceed. A recognition by the country in which the holder of a passport desires to travel of that passport's validity. ( U.S. vs. Vargas , D.C. N.Y., 380 F.Supp. 1162, 1168)

It is also described as a written endorsement made on a travel document or passport by the consular official denoting that the visa application has been properly examined and that the bearer is permitted to proceed to the country of his destination. (Foreign Service Code, Section 136)

Categories of alien entrants into the Philippines

The Philippine Immigration Act of 1940 classifies aliens entering the country as "Immigrant", meaning those who come for permanent stay, and"Non-immigrant" are those who come for a temporary period or purpose.

While an immigrant seeks to enter the country for permanent residence, and who eventually may qualify to be naturalized as a citizen of the Philippines, a non-immigrant are those who desire to come to the country for a temporary sojourn, hence, the latter can acquire no status entitling them to remain indefinitely or apply for naturalization.

NON-IMMIGRANT VISA

Nationalities required to secure visa

Nationals from the following countries are required to secure their visas before coming to the Philippines as non-immigrant: Afghanistan; Albania; Algeria; Armenia; Azerbaijan; Bangladesh; Belarus; Belize; Bosnia-Herzegovina; China, People's Republic of China (PROC); Croatia; Cuba; East Timor; Egypt; Estonia; Former Yugoslav Republic of Macedonia (FYROM); Georgia; India; Iran; Iraq; Jordan; Kazakhstan; Kyrgyzstan; Latvia; Lebanon; Libya; Lithuania; Moldova; Nauru; Nigeria; North Korea (Democratic People's Republic of Korea; Pakistan; Palestine; Russian Federation; Sierra Leone; Slovenia; Sri Lanka; Sudan; Syria; Tajikistan; Tonga; Turkmenistan; Ukraine; Uzbekistan; Vanuatu; Yemen; Yugoslavia, Serbia and Montenegro.

The following are also required entry visas to the Philippines: Holders of Taiwanese passports; Holders of Document of Identity (DI), Certificates of Identity (CI) or Travel Documents ("Titre de Voyage"); and Stateless Persons.

The following nationals are allowed to enter the Philippines without a visa for a stay not exceeding seven (7) days: Holders of Hong Kong Special Administrative Region (SAR) passports; Holders of British National Overseas (BNO) passports; Holders of Macau-Portuguese passports; and Holders of Macau Special Administrative Region (SAR) passports.

Nationals from countries not listed above are allowed to enter the Philippines without visas for a stay not exceeding twenty-one (21) days, provided, they hold valid tickets for their return journey to port of origin or next port of destination. Department regulations require that passports are valid for a period of not less than six (6) months beyond the contemplated period of stay. However, Immigration Officers at port of entry may exercise their discretion to admit holders of passports valid for at least sixty (60) days beyond the intended period of stay.

In all cases, however, nationals who are subjects of deportation/blacklist orders of the Department of Foreign Affairs and the Bureau of Immigration shall not be admitted to the Philippines.

Categories of non-immigrant visa.

There are seven visa categories which a non-immigrant may avail: 1) Section 9(a) - temporary visitor 2) Section 9(b) - transient; 3) Section 9(c) - seaman; 4) Section 9(d) - treaty trader or treaty investor; 5) Section 9(e) - foreign government official; 6) Section 9(f )- student; and 7) Section 9(g) - pre-arranged employment.

1) Temporary Visitor or 9(a)

There are three types of Temporary visitor visas namely 1) tourist visa, 2) business visa, and 3) temporary visa for health purposes. Tourist visa is issued for holiday and leisurely stay in the Philippines , hence, the bearer cannot use the visa to engage in gainful employment or business nor to pursue educational course in any learning institution in the Philippines . Business Visa is issued for the purpose of prospecting areas of investment. It includes those attending international conferences, negotiating contract, educational or business meetings, convocations or conventions, traveling salesmen, factory or agricultural experts, consulting engineers, newspaper correspondents, writers lecturers, theatrical performer, professional athletes, persons of distinguished merit who are in the Philippines to perform exceptional services, treasure hunters, movie and television crews and alien journalist pursuing their profession in the Philippines. However, it does not include occupation in work or routine of clerical nature performed by office and shop clerks, and occupations of manual labor requiring physical rather than mental effort. This visa does not allow the foreigner to engage in any activity which may be considered a form of gainful employment during his stay in the country.The last type of temporary visitor visa is issued for health purpose wherein the intention of the foreigner is to convalesce from a serious injury or illness. However, the illness must not be contagious, loathsome or dangerous disease, otherwise, it shall be a ground for the denial of entry in the Philippines .

2) Transient or 9(b)

The term Transient refers to a person in transit to a destination outside the Philippines . This visa is issued to foreigners who pass through the Philippines en route to a foreign destination.

3) Seaman or 9(c)

This visa is issued to bona fide foreign seaman or any foreigner who in good faith is signed on the articles of a vessel arriving at a port of the Philippines from any place outside thereof, employed in any capacity on board such vessel, and seeking to enter the Philippines solely in the pursuit of his calling as a seaman, with the intention of departing with the vessel or re-shipping on some other vessel that is bound for a foreign port or place. The term seaman covers person serving in any capacity on board a civilian aircraft.

4) Treaty trader and treaty investor or 9(d)

A treaty trader is a foreigner who is entering the Philippines solely to carry on trade or commerce between the Philippines and the country of which he is a national pursuant to an existing treaty of commerce and navigation. Hence, a treaty on commerce and navigation between the Philippines and the country of the foreigner concerned is a condition precedent to justify the issuance of this visa.This visa is also available to the wife and his unmarried children under twenty-one (21) years of age.The treaty trader and treaty investor visas are available only for the United States, German and Japanese nationals.

5) Foreign Government Official or 9(e)

This visa is issued to an accredited official of a foreign government recognized by the government of the Philippines , his family, attendants, servants and employees. For distinction, it is categorized into three (3), these are: a) E-1 category which includes the heads of states and other officials on diplomatic or purely governmental functions, among others; b) E-2 category covering officials of foreign government with official business in the country. It also includes members of the staff of an embassy or consulate, staff of international organizations, and official students or participants in programs under the auspices of the Philippine Government or recognized international institutions as well as their family members and c) E-3 category includes members of the household, the attendants, servants and employees of persons to whom the E-1 and E-2 visas have been granted, and to the families of such attendants, servants and employees.

6) Student or 9(f)

This visa is issued to a student, having means sufficient for his education and support in the Philippines, who is at least eighteen (18) years of age and who seeks to enter the Philippines temporarily and solely for the purpose of taking up course of study higher than high school at a university, seminary, academy, college or school approved for such alien students by the commissioner of immigration. It includes researchers, trainees, grantees, scholars, and other similar categories, who will conduct research work in any government/private department or agency, or will study in any special training institution or center in the country.

7) Pre-arranged Employment visa or 9(g)

This working visa is issued to an alien coming to pre-arranged employment in the Philippines . It is available to foreigners who are moving to the country to engage in lawful occupation, whether for wages, salary, or other forms of compensation where a bona fide employer-employee relationship exist between him and a legitimate entity in the Philippines. It applies also to foreigners who will be engaged in religious or educational work.

Working visas under special laws are also available to foreigners in connection with their employment at Philippine Export Zone Authority (PEZA), at regional or area headquarters of multinational companies in the Philippines , or at offshore banking units in the Philippines . It is also issued to aliens as special resident investor, as foreign correspondents in the Philippines , as investor with a long-term lease of private lands, as resident retiree, or as a Special Subic Investor.

These visas are likewise open to the alien's wife, and his unmarried children under twenty (21) years of age.

IMMIGRANT VISA

There are two (2) types of immigrant visas: 1) quota, and 2) non-quota.

Both quota or preference visa and non-quota or non-preference visas are available to aliens with or without nationalities.

1) Quota or preference visa

Quota or preference visa is issued to foreigners with proof of investments in the Philippines of at least US$40,000.00 or who possess special qualification or skill, among others. It is governed by an order of preference and is issued on a calendar basis not to exceed the numerical limitation of fifty (50) in a given year. The validity of the visa is indefinite and the holder thereof has the right to reside permanently in the Philippines .

2) Non-quota or non-preference visa

Non-quota or non-preference visas are classified into six (6) categories, to wit: 1) Section 13(a) or Temporary Resident Visa (TRV) covering valid marriage to Philippine citizen, 2) Section 13(b) or child born abroad of alien parents who is a permanent resident, 3) Section 13(c) or child born subsequent to the issuance of visa to the alien parent, 4) Section 13(d) or Filipina who lost her Philippine citizenship due to her marriage to an alien, 5) Section 13(e) or returning former holder of permanent resident visa, 6) Section 13 (g) or returning former Philippine citizens.

2.1) Section 13(a)

Section 13(a) visa is issued to a foreigner on the basis of their valid marriage to a Philippine citizen. As such the holder of 13(a) visa has the right to reside and stay permanently in the Philippines . However, to alien whose country does not have an existing reciprocity agreement with the Philippines , the Commissioner of Immigration allows temporary resident visa (TRV). Since it is a temporary residence visa, the applicant must regularly apply for the extension of his temporary residence.

2.2) Section 13(b)

This visa is available to a child who was born abroad during the temporary absence of the alien resident mother. It is required that the mother has been previously admitted for permanent residence in the Philippines, that the child is accompanying or joining the parents, and that the application for admission under this section is filed within five years from the date of the child's birth.

2.3) Section 13(c)

This visa is issued to a child who was born subsequent or after the issuance of a visa to the accompanying parent. It is required that the visa which was issued to the parent remain valid and there is sufficient proof of the child's legitimacy.

2.4) Section 13(d)

This visa is available to a woman who lost her Philippine citizenship because of her marriage to an alien or by reason of the loss of Philippine citizenship by her husband. The unmarried child under twenty-one years, if accompanying or following to join such mother under the above category may likewise claim the benefit of this section. The woman must show that she has not acquired any other nationality by any affirmative act other than those mentioned by the statute.

2.5) Section 13(e)

This visa is accorded to a person who previously was lawfully admitted into the Philippines for permanent residence, and who is returning from a temporary visit abroad to an unrelinquished residence in the Philippines .

2.6) Section 13(g)

This visa is open to a natural born citizen of the Philippines who has been naturalized in a foreign country, and is returning to the Philippines for permanent residence. The spouse and minor unmarried children are also entitled to the above immigration benefits.

With the effectivity of the "Citizenship Retention and Re-acquisition Act of 2003", a former natural born citizen of the Philippines may re-acquire his Filipino citizenship by taking the required Oath of Allegiance to the Republic.

Reciprocity

Following the principle of reciprocity, the aforesaid non-immigrant visas are available only to those nationals whose countries grant similar visas to Philippine citizens who seek admission as non-immigrants in their respective countries. In the same manner, immigrant visa is acquired by a foreigner if his country reciprocally allows Philippine citizens to become immigrants in his country, which is usually embodied in a reciprocity agreement between the states involved.

The following countries have reciprocity agreement with the Philippines: Algeria; Argentina; Australia; Belgium; Canada; Cape Verde; Costa Rica; Cuba; Denmark; Ecuador; El Salvador; Gabon; Germany; Greece; Guatemala; Ireland; Israel; Japan; Malta; Mexico; Netherlands; New Zealand; Pakistan; Papua New Guinea; Senegal; Singapore; Spain; Sweden; Switzerland; USSR; United Kingdom; United States; Uruguay; Vietnam; Yugoslavia and qualified foreign women married to nationals of Indonesia and Malaysia.

VISAS UNDER SPECIAL LAWS

Special Investor's Resident Visa (SIRV)

The Special Investor's Resident Visa is available to foreigners at least 21 years of age, except nationals of countries determined by the Department of Foreign Affairs as not entitled to the visa, who is willing and able to invest the amount of at least US$75,000.00 in the Philippines . The visa is given on a probationary status of six (6) months which can be converted into indefinite status upon presentation of proof of actual investments. In which case, the applicant shall then be issued an indefinite multiple entry SIRV.

The spouse and the unmarried children under twenty-one (21) years of age of the applicant may also be issued the same visa.

Special Retiree's Residence Visa

(SRRV)

This visa is open to aliens, except those from countries with no diplomatic ties to the Philippines or are classified as restricted by the Department of Foreign Affairs, who can deposit in a bank accredited by the Philippine Retirement Authority (PRA) the minimum amount of US$50,000.00 for those 50 years old and above, or US$75,000.00 if he is 35 to 49 years old.

However, those 35 to 49 years of age applicants who are: 1) retired military personnel of government recognized by the Philippines; 2) former members of foreign diplomatic corps who have served for at least three (3) years in their respective posts; or 3) retired officers/employees of international organization such as the United Nations and its affiliate agencies, the World Health Organization, World Bank, International Labor Organization