Philippines: Immigration Manual

Section I:Registration of Aliens

REGISTRATION OF ALIENS

The following aliens are required to register with the Commission on Immigration and Deportation (CID):

1.Any alien who is 14 years or more, who is admitted into the Philippines other than as a temporary visitor (9[a]) or transient 9([b]) and will stay in the Philippines for more than 30 days;

2.Any alien who is 14 years or more and who is admitted into the Philippines as a temporary visitor (9[a]) or transient 9([b]) and will stay in the Philippines for more than 6 months;

3.Any alien bonafide seaman who has been discharged with the consent of the Immigration Officer in charge of the port where the discharge occurred and who will remain in the Philippines for 30 days or longer;

The parent or legal guardian of any alien child who is below 14 years is required to register the child within 30 days after birth if born in the Philippines, or immediately upon the child's entry. Within 15 days after attaining 14 years of age, the alien child must apply in person for registration.

Any alien admitted into the Philippines as a temporary visitor (9[a]) or transient (9[b]) and who remains for over 59 days but not more than 6 months and has no derogatory information about him and does not belong to the category of restricted nationals shall only be required to pay the registration fees and shall be exempted from fulfilling the other requirements of registration.

Accredited officials of a foreign government recognized by the Republic of the Philippines, or members of their official staff and families are exempted from registration.

Aliens who are granted permanent residency status (quota or non-quota immigrants) are also required to secure an Immigrant Certificate of Residence (ICR). All other aliens who have been allowed temporary residence in the Philippines for more than 6 months must likewise obtain a Certificate of Temporary Residence.

Checklist of Requirements for Registration (ACR):

The following are the required documents for registration:

4.Valid Passport of the applicant;

5.Appropriate and valid visa;

6.Medical clearance approved by the Bureau of Quarantine:

7.Four photographs, 2" x 2" in size;

8.For aliens born in the Philippines, ACR and other immigration documents of parents;

9.For applicants requiring change of admission category, an Order approved by the Board of Commissioners authorizing such change.

Fees:

The following are the fees to be paid for registration:

All fees to be collected are covered by Orders of Payment Slips (OPS). All aliens are advised not to pay anything not included in the OPS.

STEPS TO FOLLOW IN REGISTRATION

The following are the steps that any alien should follow in registering with the CID (all transactions are to be conducted at the Alien Registration Center):

10.Get Application form from the Information Counter; a checklist of required documents to be attached to the application is provided with the form;

11.Fill up the forms and complete the required documents;

12.Submit the completed application form together with the attached documents to the Pre-Processing Section where the receiving clerk examines the documents for completeness and accuracy; a claim stub will be given to the registrant stating the date and time to get back the documents;

13.At the specified date and time, the registrant should present the claim stub at window 1 (for regular) or window 4 (for express) after which the documents previously submitted is released to the registrant; an OPS stating the amount to be paid is also issued to the registrant;

14.The registrant proceeds to the Cashier for payment of fees due and as indicated in the OPS;

15.The registrant proceeds to window 24 to submit all the documents including the Official Receipt issued by the Cashier; a claim stub is given to the registrant specifying the date and time that he should come back for fingerprinting.

16.At the specified date and time, the registrant should present his claim stub at window 30 after which he shall be fingerprinted; after fingerprinting, the registrant shall be given another claim stub;

17.At the date and time specified in the claim stub, the registrant should present the stub at windows 25 or 26 (for express) or windows 27 or 28 (for regular) for release of his ACR/ICR and all personal documents previously submitted. Duplicate copies will go to the Record Section for filing.

The CID provides an express lane where the whole process of registration is finished/completed within 24 hours. Regular/normal processing usually takes 4-7 days.

ALIEN CERTIFICATE OF REGISTRATION

Immigrant, Section 13

A quota as well as a non-quota immigrant is a permanent resident and is required to secure an ACR.

Checklist of Requirements:

18.Valid passport of applicant with the CID stamp of admission

19.Appropriate visa

20.Medical clearance, as required by the consulate issuing the visa and approved by the Bureau of Quarantine

21.Four (4) photographs, 2" x 2" in size

Waiting Time:

Regular Application Seven working days

Express Lane Application One working day

Fees:

Native Born Applicant

An alien born in the Philippines should be registered by his parent or legal guardian within thirty (30) days after birth; the alien child must apply in person for registration and fingerprinting within fifteen (15) days after attaining 14 years of age.

Checklist of Requirements:

22.True copy of applicant's birth certificate

23.ACR and other immigration documents of parents

24.Four (4) copies of latest photograph of applicant, 2" x 2" in size

Waiting Time:

Fees:

Pre-arranged Employee 9 para g

An alien admitted as pre-arranged employee may be granted an initial stay of two (2) years and is therefore required to secure an ACR

Checklist of Requirements:

25.Valid passport of applicant with the CID stamp of admission

26.Valid pre-arranged employment visa

27.For applicants requiring change of admission category, an order authorizing change of admission status, as recommended by the Board of Special Inquiry and approved by the Board of Commissioners

28.Medical clearance from the Bureau of Quarantine

29.Four (4) copies of latest photograph of applicant, 2" x 2" in size

Waiting Time:

Regular Application Seven working days

Express Lane Application One working day

Fees:

Special Non-Immigrant, Section 47 para a (2)

A special non-immigrant is admitted by the authority of the President, exercised through her duly delegated representative when the public interest so warrants. A special non-immigrant may be granted a stay for a definite or indefinite period and may therefore be required to secure an ACR.

Checklist of Requirements:

30.Valid passport of applicant with the CID stamp of admission

31.Valid special non-immigrant visa

32.For applicants requiring change of admission category, an order authorizing change of admission status from the duly delegated representative of the President and implemented by the Executive Officer of CID.

33.Four (4) copies of latest photograph of applicant, 2" x 2" in size

Waiting Time:

Fees:

Student, Section 9 para f

An alien admitted as student may be granted an initial stay of two (2) years and its therefore required to secure an ACR.

Checklist of Requirements:

34.Valid passport of applicant with the CID stamp of admission

35.Valid student visa

36.Medical clearance from the Bureau of Quarantine

37.Four (4) copies of latest photograph of applicant, 2" x 2" in size

Waiting Time:

Fees:

Treaty Trader, Section 9 para d

A treaty trader and/or treaty investor may be granted an initial stay of one (1) year and is therefore required to secure an ACR

Checklist of Requirements:

38.Valid passport of applicant with the CID stamp of admission

39.Valid treaty trader visa

40.For applications requiring change of admission category, an order authorizing change of admission status recommended by the CID Legal Department and approved by the Commissioner

41.Medical clearance from the Bureau of Quarantine

42.Four (4) copies of the latest photograph of applicant, 2" x 2" in size

Waiting Time:

Fees:

Temporary Visitor, Section 9 para a

A temporary visitor coming for business or for pleasure or for reasons of health is required to secure an ACR if his stay exceeds six (6) months. A temporary visitor who stays for more than 59 days but not more than six (6) months shall only pay the registration fee without having to fill in an application form and to undergo picture taking and/or fingerprinting.

Check list of Requirements:

43.Valid passport of applicant with the CID stamp of admission

44.Valid temporary visitor visa

45.For applications requiring change of admission category, an order authorizing change of admission status issued by the Commissioner.

46.Medical clearance from the Bureau of Quarantine

47.Four (4) copies of latest photograph 2" x 2" in size

Waiting Time

Fees:

CANCELLATION OF ALIEN REGISTRATION UPON ACQUISITION OF CITIZENSHIP
CITIZENSHIP BY ELECTION COMMONWEALTH ACT. NO. 625

Under the 1935 and 1935 and 1973 Constitution, those born of Filipino mothers and alien fathers were given the option to elect Philippine citizenship upon reaching the age of majority. The present constitution continues to grant this option to those born of Filipino mothers before January 17, 1973. The manner in which the option is to be exercised is provided in Commonwealth Act. No. 625.

Checklist of Requirements:

48.ACR and ICR of applicant

49.True copy of the birth certificate of applicant

50.True copy of the birth certificate of Philippine Identification Certificate of mother

51.If mother is a naturalized Filipino citizen, true copy of the naturalization papers of the mother

52.True copy of the marriage contract of applicant's parents

53.Affidavit of election of Philippine citizenship

54.Applicant's Oath of Allegiance to the Republic of the Philippines

55.Certificate of registration of the election documents with the office of the local civil registrar of place of residence

Waiting Time:

One month (not to include Department of Justice approval)

Fee:

CITIZENSHIP BY MARRIAGE

Mo Ya Lim Yao vs. Commissioner of Immigration 41 SCRA 292

56.An alien woman who marries a Filipino citizen, native-born or naturalized, ipso facto becomes a Filipina provided she is not disqualified to be a citizen of the Philippines under Sec. 4 of Commonwealth Act. 573. Mo Ya Lim Yao vs. Commissioner of Immigration, 41 SCRA 292; Yap vs. Republic, 45 SCRA 36; Tiu vs. Vivo, 47 SCRA 23, bureau vs. Republic, 51 SCRA 248.

57.An alien woman married to an alien who is subsequently naturalized here likewise follows the Philippine citizenship of her husband the moment he takes his oath as a Filipino citizen, provided that she does not suffer from any of the disqualifications under said Sec. 4 Yap vs. Republic, 45 SCRA 36; Tiu vs. Vivo, 47 SCRA 23.

58.There is no necessity for the alien wife of a Filipino citizen to resort to naturalization proceedings for her declaration as a Filipino citizen by reason of marriage. Bureau vs. Republic, 51 SCRA 248.

59.The married alien woman must file with the Commission on Immigration and Deportation a petition for the cancellation of her alien certificate of registration, alleging inter-alia, that she is married to a Filipino citizen and that she is not disqualified from acquiring her husband's citizenship under Sec. 4 of the Revised Naturalization Law. Po Siok Pin vs. Vivo, 62 SCRA 363; Yap vs. Republic, 45 SCRA 36. The petition should be accompanied or supported by the joint affidavit of the petitioner and her Filipino husband to the effect that the petitioner does not belong to any of the groups disqualified under Sec. 4 of Commonwealth Act. No. 473 (Opinion No. 38, Series of 1958 of Acting Secretary of Justice Jesus Barrera)

Checklist of Requirements:

1.ACR and ICR of applicant

2.True copy of birth certificate of applicant

3.True copy of birth certificate of husband

4.If husband is a naturalized Filipino citizen, the naturalization documents of the husband

5.True copy of the marriage contract

6.Applicant's Oath of Allegiance to the Republic of the Philippines

7.Joint Affidavit of husband and wife

8.Clearance from : Police, City Fiscal, Regional Trial Court, National Bureau of Investigation

9.Medical certificate from the Bureau of Quarantine stating that the subject is not suffering from any mental alienation or incurable contagious diseases

10.NICA Clearance

Waiting Time:

One Month

Feed:

CERTIFICATE OF NON-REGISTRATION

A certificate of non-registration is issued in response to a query from the Department of Foreign Affairs, Securities and Exchange Commission, the Board of Investments and other government agencies as to whether a person bearing a foreign-sounding name is registered as an alien.

Checklist of Requirements:

60.True copy of the birth certificate of the applicant

61.True copy of the birth certificate of either of applicant's parents

62.Voter's Identification Card of the applicant and either of applicant's parents or other documents showing that the said parent is a Filipino citizen.

63.True copy of school records from elementary grades to college

Waiting Time:

Seven working days

CERTIFICATE OF RESIDENCE

NATIVE-BORN CERTIFICATE OF RESIDENCE

An Immigrant (Native-born) Certificate of Residence (NBCR) is issued only to an alien who is lawfully and permanently residing in the Philippines. An alien's birth in the Philippines of parents lawfully and permanently residing at the time of his birth, shall be considered lawful admission for permanent residence unless such alien by the acts of his parents, during his minority, or by his own acts after attaining the age of majority, loses his permanent residence in the Philippines.

It is absolutely necessary for the parents to prove their lawful and permanent residence in the Philippines by presenting their respective ICRs and ACRs.

Checklist of Requirements:

64.True copy of the birth certificate of applicant

65.ACR and ICR of applicant's parents

66.ACR of applicant, if already registered

67.Four (4) copies of latest photograph, 2" x 2" in size

Waiting Time:

Fees:

IMMIGRANT CERTIFICATE OF RESIDENCE (ICR)

An alien who has his lawful and permanent residence in the Philippines and an alien who may hereafter be lawfully admitted in the Philippines for permanent residence is required to secure an Immigrant Certificate of Residence (ICR)

An Alien coming from abroad and admitted either as a quota or non-quota immigrant is required to apply for this certificate.

An alien admitted under a different category and whose status has been changed to either a quota or non-quota immigrant is likewise required to apply for this certificate.

Checklist of Requirements:

68.Valid passport of applicant with the CID stamp of admission

69.Valid quota or non-quota immigrant visa

70.Medical clearance from the Bureau of Quarantine

71.Four (4) copies of latest photograph, 2" x 2" in size

Waiting Time:

Fees:

CERTIFICATE OF RESIDENCE FOR NON-IMMIGRANTS

An immigrant alien who has been allowed temporary residence in the Philippines for more than six (6) months must obtain a certificate of temporary residence.

The following certificates of temporary residence are issued:

a)CRTV - Certificate of Residence (Temporary Visitor)

b)CRPE - Certificate of Residence (Pre-arranged Employee)

c)CRTS - Certificate of Residence (Temporary Student)

d)CRTT - Certificate of Residence (Treaty Trader).

Checklist of Requirements:

72.Valid passport of applicant with the CID stamp of admission

73.Valid non-immigrant visa

74.Medical clearance from the Bureau of Quarantine

75.Four (4) copies of latest photograph, 2" x 2" in size

Waiting Time:

Fees:

Section II:Change of Status

CHANGE OF STATUS

Aliens admitted into the Philippines under a specific entry category may change their entry status by applying for such change. The following procedures are followed in applying for a change in status:

76.Secure Application forms at Room 419 (BSI Central Receiving Office); a checklist of requirements is also provided and attached to the Application forms;

77.Applicant fills up the forms and completes the required documents;

78.Secure an OPS at Room 426 and pay the required amount as stated in the OPS to the Cashier; the application fee is P210.00

79.Return the completed Application and the Official Receipt issued by the Cashier to Room 419 where the receiving clerk will stamp "Received" on the face of the Application, and certify that all documents are complete;

80.A notice of hearing shall be sent to the applicant for appearance and hearing before the Board of Special Inquiry (BSI); during the hearing, the applicant shall present proof through his lawyer in support of his application;

81.After the hearing, the BST shall submit its recommendations to the Board of Commissioners which shall finally deliberate on the application;

82.If approved, the records are transmitted to the Executive Office for implementation and the applicant shall be notified accordingly; if the application is denied, the applicant is given the chance to file an appeal;

83.Upon receipt of the notice of approval, the applicant shall proceed to the Alien Registration Center for registration; the registration steps outlined in Section 1 shall be followed.

CHANGE OF STATUS TO MULTIPLE ENTRY SPECIAL VISA FOR FOREIGN PERSONNEL OF OFFSHORE BANKING UNITS

P.D. No. 1034, Section 7

Foreign personnel of offshore banking units of foreign banks (OBU) duly licensed by the Central Bank of the Philippines to operate as such, their respective spouses and minor dependents under twenty-one (21) years of age, who are coming or following to join them after admission shall be issued a multiple entry special visa which is valid for one year and which may be extended upon legal and meritorious grounds.

The multiple entry special visa is normally issued by a Philippine consulate abroad. However, if the foreign employee was admitted previously under a different category of non-immigrant, he may apply for a change of status.

Checklist of Requirements:

84.Letter-request of the foreign bank or OBU

85.Xerox copy of the passport of subject expatriate with the corresponding CID stamp of admission

86.SEC Certificate of Registration

87.Certificate under oath by a responsible officer of the foreign bank to the effect that the subject expatriate:

a)is an employee of the said foreign bank

b)will work exclusively for its offshore banking unit in the Philippines

c)will be paid by the foreign bank in the Philippines and the compensation is in foreign currency.

88.Certified true copy of the certificate of authority issued to the foreign bank by the Central Bank to operate offshore banking units.

89.If the spouse and unmarried children under 21 years of age are accompanying or joining the subject expatriate, the following must be submitted:

a)copies of the passports of the spouse and unmarried children below 21 years of age

b)copy of marriage contract or its equivalent

c)copies of the birth certificate of the unmarried children or their equivalent

d)certificate from a responsible officer of the foreign bank that the spouse and unmarried children are dependents of the subject expatriate.

Waiting Time:

Ten working days

Fees:

CHANGE OF STATUS TO MULTIPLE ENTRY SPECIAL VISA FOR FOREIGN PERSONNEL OF REGIONAL OR AREA HEADQUARTERS OF MULTINATIONAL COMPANIES

Executive Order No. 226, Book 111, Article 59

Foreign personnel of regional or area headquarters of multinational companies, their respective spouses and unmarried minor children under twenty-one (21) years of age, if accompanying or following to join them after their admission into the country as non-immigrants shall be issued a multiple entry special visa valid for one (1) year which may be extended upon legal and meritorious grounds by the Commissioner.

The multiple entry special visa is normally issued by a Philippine consulate abroad. However, if the foreign employee was admitted previously under a different category of non-immigrant, he may apply for a change of status.

Checklist of Requirements:

90.Letter-application by the multinational company concerned

91.Xerox copy of the passport of subject expatriate with the corresponding CID stamp of admission

92.SEC Certificate of Registration of the multinational company concerned

93.Certificate under oath by a responsible officer of the applicant company to the effect that the subject expatriate:

a)is an executive of the applicant company

b)will work exclusively for the applicant's regional or area headquarters in the Philippines

c)will receive a salary and will be paid by the said regional or area headquarters in the Philippines in an amount of at least US$12,000.00 per annum or its equivalent in other foreign currencies

94.True copy of the license issued to the applicant company to establish a regional or area headquarters in the Philippines by the BOI and SEC.

95.If spouse and unmarried children under 21 years of age will accompany or follow to join the subject expatriate, the following must be submitted;

a)copies of the respective passports of the spouse and unmarried children under 21 years of age

b)copy of marriage contract or its equivalent

c)copies of birth certificate of the unmarried children or their equivalent

CHANGE OF STATUS TO NON-QUOTA IMMIGRANT

By Marriage, Section 12 para a

The alien spouse or the unmarried child under twenty-one (21) years of age of a Philippine citizen, if accompanying or following to join such citizen may be admitted as a non-quota immigrant visa shall show that: a) the marriage is real and not fictitious, b) the marriage is valid and not voided by the lack of legal capacity and c) the alien spouse will not become a public charge.

Checklist of Requirements:

96.Application completely filled up and notarized

97.Birth certificate of applicant

98.True copy of marriage contract certified by the local civil registrar

99Certificate of legal capacity to contract marriage, issued by the Embassy or Consulate of the country of which the alien spouse is a citizen or official family register with authentic interpretation certified by the embassy, if register is maintained by alien's country.

100Affidavit to be executed by the applicant, and the alien spouse with regard to their legal capacity to contract marriage, stating any previous marriage(s) and manner by which said marriage was dissolved

101Copy of a divorce decree, dissolution of marriage or death certificate if any

102.Birth certificate(s) of unmarried children

103.Joint affidavit of financial capacity to support executed by the applicant and the alien spouse with supporting documents such as income tax return, land titles, contract of employment, salaries, pensions, and other similar documents

104.Medical certificate that alien spouse and unmarried children are not afflicted with any dangerous, contagious and loathsome diseases

105.Clear xerox copy of passport of alien spouse and children showing date of arrival and extension of authorized stay

106.Clearance from the National Intelligence Coordinating Agency (NICA)

Returning Former Philippine Citizen, R.A. No. 4376

A natural born citizen of the Philippines who has been naturalized in a foreign country and is returning to the Philippines for permanent residence including his spouse and minor unmarried children shall be considered a non-quota immigrant.

The admission of a returning former Philippine citizen as non-quota immigrant is normally granted in a Philippine Consulate abroad. However, the returning former Philippine citizen who has been admitted in the Philippines under a different category may be permitted to apply for a change of status.

Checklist of Requirements:

107.Birth certificate of applicant

108.Certificate of naturalization in a foreign country

109.True copy of marriage contract

110.Birth certificate(s) of unmarried children

111.Affidavit stating that applicant intends to reside permanently in the Philippines with the supporting documents such as land titles and other evidence of ownership of substantial assets, birth certificates, and other evidence of relationship to Philippine residents, certificate of admission to the practice of a profession, investment in business enterprise in the Philippines and contract employment.

Returning Resident, Section 13, para e

An alien who previously was lawfully admitted to the Philippines for permanent residence and who is returning from a temporary visit abroad to an unrelinguished residence in the Philippines shall be admitted as a non-quota immigrant. A resident alien who departed from the Philippines without a re-entry permit or whose re-entry permit expired prior to his return from a temporary visit abroad may be re-admitted as a non-quota immigrant.

The application for such non-quota immigrant visa shall show that: a) the previous admission was lawful and for permanent residence, b) the departure from the Philippines without a re-entry permit or its expiration prior to return was justifiable and c) there is an intention to return to an unrelinguished residence in the Philippines and fails to return within five years may no longer be considered a returning resident.

The admission of a returning resident as non-quota immigrant is normally granted in a Philippine consulate abroad. However, the returning resident alien who has been admitted in the Philippines under a different category may be permitted to apply for a change of status.

Checklist of Requirements:

112.Valid passport of applicant with the CID stamp of admission

113.Alien Certificate of Registration

114.Immigrant Certificate of Residence

115.Expired re-entry permit, if any

116.Affidavit stating the justification for the departure without a re-entry permit or the expiration of the re-entry permit prior to return.

117.Affidavit stating that applicant intends to reside permanently in the Philippines with supporting documents such as land titles and other evidence of ownership of substantial assets, birth certificates and other evidence of relationship to Philippine residents, certificate of admission to the practice of a profession, investment in business enterprises in the Philippines and contract of employment.

CHANGE OF STATUS TO PRE-ARRANGED EMPLOYEE

Section 9, para g

An alien coming to pre-arranged employment is normally issued a visa by the Philippine consulate abroad. However, a petitioning company may request that an alien previously admitted in the Philippines under a different class of non-immigrants may be permitted to change his status to that of a pre-arranged employee provided the company can show that: a) no person can be found in the Philippines willing and competent to perform the labor or service for which the non-immigrant is hired and b) the non-immigrant's admission would be beneficial to the public interest. The pre-arranged employment visa shall be granted for a period coterminous with the employment contract but in no case to exceed two (2) years. It may be extended yearly but the total extensions shall not exceed three (3) years except in very exceptional cases where extensions not to exceed five (5) years may be granted.

Checklist of Requirements:

118.Letter request from the petitioning company

119.Application form duly accomplished and notarized

120.Certified true copy of any written contract or agreement entered into for the immigrant's service

121.Bio-data of employee

122.Articles of incorporation of the petitioning company

123.SEC Certificate of Registration of the petitioning company

124.Alien Employment Permit from the Department of Labor and Employment

125.Affidavit of support/guarantee

126.True copy of the passport of employee

127.Income tax return of the petitioner

128Such other documents as may be deemed necessary and material to an adequate evaluation of the petition.

CHANGE OF STATUS TO QUOTA IMMIGRANT

Section 13

An alien who seeks entry into the Philippines for permanent residence, but who does not qualify under any of the categories of a non-quota immigrant provided under Section 13 a to g and R.A. 4376 may be admitted as quota immigrant. The Philippines admits as immigrants a quota of Fifty (50) of any one nationality or without nationality for any one calendar year.

An applicant for quota immigrant must demonstrate clearly and beyond doubt his special qualifications which has advanced or will advance the national interest of the Philippines.

Checklist of Requirements:

129.Bio-data of applicant

130.Application form completely filled up and notarized

131.Xerox copy of the applicant's passport with the corresponding CID stamp of admission

132.Affidavit of financial capacity with supporting documents such as income tax return, bank deposits, contract of employment, salaries and pensions

133.Proof of investment in the Philippines of at least US$40,000.00

134.Medical certificate from the Bureau of Quarantine that the alien is not afflicted with any dangerous, contagious and loathsome disease

135.NICA Clearance

136.Proof of applicant's special qualifications which have advanced or will advance the national interest of the Philippines

137.AIDS clearance certificate

CHANGE OF STATUS OF TREATY TRADER

Section 9, para d

An alien entering the Philippines solely to carry on substantial trade between the Philippines and the foreign state of which he is a national or to direct and develop the activities of an enterprise in the Philippines in which he has invested, shall be admitted as a treaty trader. The Philippines has entered into such treaties with Japan, Germany and the United States.

An employee of a treaty trader or of a corporation at least 51% of whose stockholders are nationals of a foreign state which has entered into a treaty of commerce and navigation with the Philippines and which corporation: a) is engaged in trade between the Philippines and its country of nationality or b) has invested a substantial amount of capital in an enterprise in the Philippines, shall also be admitted as a treaty trader. The spouse and unmarried children under 21 years of age of a treaty trader or treaty trader employee, if accompanying or following to join him; shall also be admitted as treaty traders. The treaty trader employee shall have the same nationality as his employer and shall discharge duties of a supervisory or executive character. If he is to be employed in a minor capacity, he shall have special qualifications which makes his services essential to the efficient operations of the employer.

A treaty trader visa is usually applied for and issued at a Philippine consulate abroad. However, where the applicant was previously admitted in the Philippines under a different category, he may be allowed to change his status. The validity of a treaty trader visa shall be one (1) year subject to annual renewal provided the carrying on of substantial trade or the substantial investment subsists.

Checklist of Requirements:

1.Letter request from the applicant.

2.Application form completely filled-up and notarized

3.Justification for request

a)if applicant is the person engaged in trade

i.Bank statements, invoices and correspondence showing that he is or will be engaged in substantial trade between the Philippines and his country of nationality

ii.Latest Philippine income tax return showing actual volume of trade engaged in or latest foreign income tax return showing capacity to engage in substantial trade.

b)If applicant is an employee of the person or corporation engaged in trade

i.Documents referred to in 3a, above

ii.If employer is a corporation,

a)Articles of Incorporation

b)SEC Certificate of Registration, is a domestic corporation

c)SEC license to establish a branch and to do business, if a foreign corporation

iii.Bio-data

iv.Contract of employment

v.Undertaking to pay all taxes due on the compensation of the employee

vi.True copy of the passport of the employee

vii.True copy of ACR and CRTT, if already obtained and other CID documents showing admission status

c)If applicant is the investor-

i.Certification of the Secretary of the corporation in which the investment is made as to the amount of investment and the percentage of the capital stock owned by investor

ii.Latest income tax return or receipt for income tax payment or financial statement of the investor, whether filed in the Philippines or abroad, showing ability to finance investment

iii.Latest income tax return or receipt for income tax payment or financial statement of the corporation, showing that it is a bona fide enterprise engaged in business and not a fictitious paper organization

d)If applicant is an employee of the person or corporation investing

i.Documents referred to in 3c, above

ii.If employer is a corporation,

a)Articles of Incorporation

b)SEC Certificate of Registration, if a domestic corporation

c)SEC license to establish a branch and to do business, if a foreign corporation

iii.Bio-data

iv.Contract of employment

v.Undertaking to pay all taxes due on the compensation of the employee

vi.True copy of the passport of the employee

vii.True copy of ACR and CRTT, if already obtained, and other CID documents showing admission status

e)If applicant will be accompanied by his spouse and unmarried minor children

i.True copies of passports of spouse and unmarried minor children

ii.True copies of ACR and CRTT, if already obtained, and other CID documents showing admission status

iii.True copy of marriage contract

iv.Birth certificate(s) of unmarried minor children

EMIGRATION CLEARANCE CERTIFICATE (ECC)

An alien over fourteen (14 ) years of age who has stayed in the Philippines for six months or more is required to obtained an Emigration Clearance Certificate (ECC) prior to his departure unless he obtains a certificate of exemption in his favor.

An alien over fourteen (14) years of age who has stayed in the Philippines for sixty (60) days or more but less than six (6) months shall only be required to pay the ECC fee without undergoing any other formality such as filing in an application, picture taking and/or fingerprint.

An ECC-A series is issued to an alien who is leaving the country for good. An ECC-B series is issued to an alien permanently or temporarily residing in the Philippines who is departing for a temporary sojourn abroad but who intends to return. A certificate of exemption is issued to an alien minor under fourteen (14) years of age.

Checklist of Requirements:

138.Application form completely filled up

139.Original ACR

140.Immigration documents showing present admission status such as ICR, NBCR, CRTV, CRTS, CRPE, CRTT

141.True copy of the passport of applicant

142.Four (4) copies of latest photograph, 2" x 2" in size

Section III:Extension of Stay

EXTENSION OF STAY

Aliens whose approved duration of stay in the country is about to expire may file an application for an extension of stay in the country. The CID reserves the right to either approve or deny such applications.

For the extension of stay of foreign personnel of offshore banking units and/or regional headquarters of multinationals as well as for treaty traders and pre-arranged employees, the steps to follow in applying for such extension is the same as those outlined in Section II (Change of Status)

Chinese nationals applying for an extension of stay shall follow the following steps:

143.Secure application forms and the checklist of requirements from the information counter at the Ground Floor;

144.Accomplish the forms and complete the necessary requirements;

145.Submit completed documents at window 3 for examination as to completeness of documents; a claim stub will be given to the applicant;

146.On the date and time specified on the claim stub, the applicant shall present the stub at window 3 and his application and all attached documents will be returned to him;

147.The applicant will then proceed to Room 303 and submit his application for derogatory checking and briefing; the applicant will then be issued a claim stub indicating the date and time when the result of his application will be released;

148.On such date and time specified in the claim stub, the applicant shall present his stub at Room 303 where he will be informed on whether his application is granted or denied;

149.If his application is granted, the applicant shall be given an OPS and shall proceed to the Cashier to pay the fees as indicated in the OPS;

150.The Official Receipt issued by the Cashier shall be presented at Room 303 and thereafter, his passport and personal documents will be released to him; the approved extension is stamped on the passport of the applicant.

Other nationals applying for extension of stay shall follow the following steps:

151.Secure application forms from the information counter together with the checklists of requirements;

152.After completion of the forms and required documents, restricted nationals shall proceed to Room 208 for initial checking, other nationals shall proceed to step 3 below;

153.Submit documents at window 14 (for express) or window 15 (for regular) where the receiving clerk will issue a claim stub;

154.On the date and time indicated on the claim stub, the applicant shall present the stub at window 17 (for express) or window 16 (for regular); the applicant will be informed whether his application is approved or denied;

155.If the application is approved, the applicant will be given an OPS and he shall proceed to the cashier to pay the amount indicated in the OPS;

156.The Official Receipt issued by the Cashier shall be submitted by the applicant at the same window where the OPS was issued and where he will be given another claim stub;

157.On the date and time indicated on the claim stub, the applicant shall present the stub at window 19 (for express) or window 20 (for regular) where his passport and other personal documents will be released to him; the approved extension is stamped on the passport of the applicant.

EXTENSION OF MULTIPLE ENTRY SPECIAL VISA OF FOREIGN PERSONNEL OF OFFSHORE BANKING UNITS

Foreign personnel assigned by any foreign bank to work in its offshore banking unit in the Philippines with multiple entry special visas may be granted extension of one (1) year at a time.

Checklist of Requirements:

1.Letter request from petitioning company

2.Sworn certification by a responsible officer of the petitioning company that:

a)the banks authority to operate as an offshore banking unit is valid and subsisting

b)the foreign personnel has been paid in the Philippines from the date of original admission and compensation is in foreign currencies

c)the company has withheld the tax due on said compensation and the same has been paid to the Bureau of Internal Revenue (BIR)

3.Valid passport of applicant with the CID stamp of admission

Waiting Time:

EXTENSION OF MULTIPLE ENTRY SPECIAL VISA OF FOREIGN PERSONNEL OF REGIONAL HEADQUARTERS OF MULTINATIONALS

Foreign personnel of regional or area headquarters of multinational companies with multiple entry special visas may be granted extensions of one (1) year at a time.

Checklist of Requirements:

1.Letter request from petitioning company

2.Sworn certificate by a responsible officer of the petitioning company that:

a)the company's license to operate remains valid and subsisting

b)the foreign personnel has been paid in the Philippines from the date of original admission, the equivalent of at least US$1,000 per month or its equivalent in foreign currencies

c)the company has withheld the tax due on said compensation and the same has been paid to the BIR

3.Valid passport of applicant with the CID stamp of admission

Waiting Time:

EXTENSION OF PRE-ARRANGED EMPLOYEE VISA

Section 9 para g

An application for extension of a pre-arranged employment visa shall be filed by the employer at least one (1) month before the expiration of the authorized stay. The application shall state such facts as may be necessary to show that the bases for the grant of the original visa continue to exist. It is also required that the applicant's passport be valid for a period of sixty (60) days beyond the expiration of the extension requested. An extension shall be valid for a maximum of one (1) year. Other than in very exceptional cases, the total extensions shall not exceed 5 years.

Checklist of Requirements:

158.Letter request from the petitioning company

159.Application form completely filled-up by petitioning company and notarized

160.Alien employment permit from Department of Labor and Employment valid for the period of the extension requested

161.Renewal of employment contract if the same has expired

162.Income tax return of petitioning company

162.Proof that the taxes due on the compensation of the employee has been duly paid

163.Xerox copy of the passport of the employee

164.True copy of ACR and Certificate of Residence for Pre-arranged Employee (CRPE)

EXTENSION OF STAY OF NON-IMMIGRANT STUDENT

Section 9 para f

Aliens who come into this country to study in an educational institution recognized or owned by the government of the Philippines with visa issued by the Philippine consulate in their country of origin or residence are admitted initially for a period of two (2) years counted from the date of their arrival. Thereafter, upon compliance with the guidelines set out under MEC Order No. 17, s. 1981, they may be granted an extension every semester but not to exceed the period normally required to finish their chosen course of study.

The following guidelines shall govern an application for extension of non-immigrant student visas:

A.Denial of Request for Extension

165.Failing in two (2) or more subjects with three (3) units each

166.Dropping two (2) or more subjects with three (3) units each

167.Obtaining incomplete grades in two (2) or more subjects with three (3) units each

168.Enrolling in less than the full academic normal load (18 units) without valid explanation certified by the school registrar

169.Repeatedly failing in one (1) subject of three (3) units after given the "warning"

B.Approval with Warning

170.Failing in one (1) subject with three (3) units

171.Obtaining an incomplete grade in one (1) subject with three (3) units

172.Dropping one (1) subject with three (3) units

173.Late filing of the application for extension of stay

124.Checklist of Requirements:

175.Application form duly filled-up and notarized

176.Certified true copy of the Study Permit

177.Valid passport of applicant with 9(f) visa duly issued by the Philippine Consulate

178.Alien Certificate of Registration (ACR) and Certificate of Residence issued to students(CRTS)

179.Certification from the school registrar of student's transcript of records/grades obtained in previous semester as well as their present enrollment or admission

Optional

1.Indorsement from the DECS

a)For the students who will take up graduate studies, i.e., Master's or Doctorate's

b)For students who will transfer from one school to another

2.Certification from the school registrar indicating the student's date of graduation for those who have stayed beyond the period normally required to finish their chosen course of study.

EXTENSION OF STAY OF TEMPORARY VISITORS

Chinese National

A.Holders Hongkong British Passports

Chinese Nationals who are holders of HongKong British passports traveling individually or in tour groups to the Philippines either for business or for pleasure shall be allowed a no-visa entry for seven (7) days. This initial period of stay may be extended by the CID on valid grounds for another period of not more than seven (7) days (par. 1-a, LOI No. 911) However, in exceptional cases, the Commissioner of Immigration and Deportation may grant further extensions (Sec 1, E.O. 932)

No change of status from what is authorized for their entry to the Philippines shall be processed or allowed for any holder of Hongkong British passport who enters without a visa (par 1-3, LOI No. 911).

B.Holder of Hongkong Certificate of Identity

Chinese nationals who are holder of Hongkong Certificates of Identity (CI) travelling individually or in tour groups to the Philippines either for business or for pleasure may enter only with an appropriate entry visa for a stay of not more than fourteen (14) days (Sec. 1-c and d, LOI 911), which on valid grounds may be extended for a maximum period of twenty one (21) days. However, in exceptional cases, the Commissioner of Immigration and Deportation may grant further extensions (Sec. 1, E.O. 932)

The application for extension must be filed before the expiration of the alien's authorized stay. No change of status from what is authorized for their entry to the Philippines shall be processed or allowed for any holder of Hongkong Certificate of Identity (par. 1-e., LOI 911).

C.Holders of Macao Portuguese Passports

Chinese nationals who are holders of Macao Portuguese passports travelling individually or in tour groups to the Philippines either for business or for pleasure may enter only with an appropriate entry visa for a stay of not more than fourteen (14) days (par. 1-b, LOI 911) which on valid grounds may be extended three (3) times or for a maximum period of fifty nine (59) days. However, in exceptional cases, the Commissioner of Immigration and Deportation may grant further extensions (Sec. 1, E.O. 932)

Checklist of Requirements:

1.Application for extension of stay indicating any of the following valid reasons for extension:

a)tourism purposes

b)health reasons

c)business consultations

d)stay with family relatives or friends or the exceptional case warranting further extension together with supporting documents

2.Valid passport of applicant with the CID stamp of admission.

Waiting Time:

Fees:

CRTV fee, if applicable (See Section 3, c)

The application for extension must be filed before the expiration of the alien's authorized stay. As a general rule no change of status from what is authorized for their entry to the Philippines shall be processed or allowed for any holders of Macao Portuguese passports (par. 1-e, LOI 911).

D.People's Republic of China (PROC) Passports

Chinese nationals who are holders of People's Republic of China passports travelling individually or in tour groups into the Philippines with entry visa as temporary visitors shall be admitted for an initial stay of twenty one (21) days. On valid grounds, this initial stay may be extended three (3) times, each extension for twenty one (21) days or a maximum period of sixty three (63) days. However, in exceptional cases the Commissioner of Immigration and Deportation may grant further extension (Sec. 2, E.O. 809).

The sponsoring relative or organization in the Philippines shall issue a letter or guarantee for each PROC national in favor of the Commission on Immigration and Deportation before the arrival of said alien in the country. The letter of guarantee must be verified and authenticated by the Department of Foreign Affairs and authenticated by the Chinese Embassy in Manila.

The application for extension must be filed before the extension of the alien's authorized stay.

As a general rule no change of status from what is authorized for their entry to the Philippines shall be processed or allowed for any holder of PROC passport.

E.Holders of Taipei passports

Chinese nationals who are holders of Taipei passports travelling individually or in tour groups to the Philippines either for business or for pleasure may enter only with an appropriate entry visa for a stay of not more than twenty one (21) days. On valid grounds, the initial stay may be extended three (3) times, each extension for twenty one (21) days or a maximum period of sixty three (63) days. In exceptional cases, the Commission of Immigration and Deportation may grant further extensions (Sec. 7, E.O. 932).

The application for extension must be filed before the expiration of the alien's authorized stay.

Checklist of requirements:

1.Application for extension of stay indicating any of the following valid reasons for extension:

a)tourism purposes

b)health reasons

c)business consultations

d)stay with family, relatives, or friends or the exceptional case warranting further extension together with supporting documents

2.Valid passports of applicants with CID stamp of admission

Waiting Time:

Fees:

Restricted Nationals

Restricted aliens who are travelling individually or in tour groups into the Philippines may enter only with temporary visitor's visas issued by the Philippine Consulate in their country of origin or residence for a stay of fifty nine (59) days without extension. The maximum period of stay herein fixed may only be extended on very compelling reasons and under exceptional circumstances by the Commissioner of Immigration and Deportation.

The following are the countries whose nationals must secure temporary visitor's visas in the Philippine consulate in their country before coming to the Philippines, to wit:

Checklist of Requirements:

1.Application for extension of stay indicating any of the following valid reasons for extension:

a)tourism purposes

b)health reasons

c)business consultations

d)stay with family, relatives or friends or the exceptional cases warranting further extension together with supporting documents

2.Valid passport of applicant with the CID stamp of admission

Waiting Time:

Fees:

EXTENSION OF STAY OF TEMPORARY VISITOR WITH VISA

Section 9 para a

Aliens coming to the Philippines with a temporary visitor's visa for business or for pleasure or for reasons of health are usually given an initial period of stay of 59 days. Thereafter, on good cause shown, they may be granted additional extensions, of not more than 4 months for each extension, and not to exceed a total extension of 1 year.

The application for extension must be filed before the expiration of the alien's authorized stay.

Checklist of Requirements:

1.Application for extension of stay indicating any of the following valid reasons for extensions:

a)tourism purposes

b)health reasons

c)business consultations

d)stay with family relatives, or friends

2.Valid passport of applicant with CID stamp of admission

Waiting Time:

Fees:

EXTENSION OF STAY OF TOURIST WITHOUT VISA ADMITTED FOR 21 DAYS, E.O. NO. 408

Non-restricted tourists who have been admitted into the Philippines without an entry visa, for an authorized stay of 21 days may be granted an extension of thirty eight days, amounting to authorized stay of 59 days. Thereafter, on good cause shown, they be granted an additional extension, of not more than four months for each extension, but not to exceed a total extension of one year.

The application for extension must be filed before the expiration of the alien's authorized stay .

Checklist of Requirements:

1.Application for extension of stay indicating any of the following valid reason for extension:

a)tourism purposes

b)health reasons

c)business consultations

d)stay with the family

e)visit and stay with relatives and friends

2.Valid passport of applicant with the CID stamp of admission

Waiting Time:

Fees:

EXTENSION OF STAY OF TREATY TRADER/INVESTOR

Section 9 para d

An alien admitted as Treaty Trader or Investor must apply for extension of his visa at least one (1) month before the expiration of his authorized stay. The extension shall be granted only upon proof that the basis for the grant of the initial treaty trader or investor visa continue to exist. An extension shall be valid for a maximum of one (1) year.

Checklist of Requirements:

1.Letter request from the applicant

2.Application form completely filled-up

3.Xerox copy of passport of applicant with CID stamp of admission

4.Justification for request

a)If applicant is the person engaged in trade

i.bank statements, invoices and correspondence for the preceding year showing the carrying on of substantial trade

ii.Income tax return or receipt for income tax payment or financial statement for the preceding year showing volume of trade, if any

b)If applicant is an employee of the person or corporation engaged in trade

i.Documents referred to in 4 (a) above

ii.Renewal of contract of employment, if the same has expired

iii.Proof that the taxes due on the compensation of the employee have been duly paid

iv.Xerox copy of ACR and Certificate or Residence for Treaty Traders (CRTT)

c)If applicant is the investor

i.Certifications of the corporation in which the investment is made as the amount of the investment and the percentage of the capital stock owned by the investor

ii.Income tax return, or receipt for income tax payment or financial statement for the preceding year showing volume of trade, if any

d)If the applicant is an employee of the person or corporation investing

i.Documents referred to in 4(c) above

ii.Renewal of contract of employment, if the same has expired

iii.Proof that the taxes due on the compensation of the employee have been duly paid

iv.Xerox copy of ACR and Certificate of temporary residence

e)If the applicant will be accompanied by his spouse and unmarried minor children

i.Xerox copies of passports of spouse and children

ii.True copies of ACR and Certificate of Residence for Treaty Traders

iii.Marriage Contract

iv.Birth Certificate of children

Waiting Time:

Seven working days

Fee:

Section IV:Other Transactions

OTHER TRANSACTIONS

Other transactions that aliens usually have with the CID include the following:

1.Cancellation of ACR and issuance of Identification Certificate

Upon acquisition of Filipino citizenship, the ACR previously issued shall be canceled and a Filipino Identification certificate will be issued in lieu of the canceled ACR. The person who acquired Filipino citizenship shall file an application for cancellation of ACR at the Legal Investigation Division (LID) located at the fourth floor. Application forms and a checklist of requirements are given at the LID free of charge. Upon arrival of the application by the Department of Justice, the applicant shall submit an application for the issuance of an Identification Certificate at the Alien Registration Center. The procedure in acquiring an Identification Certificate is the same as that outlined in Section 1 (registration of aliens).

2.Emigration Clearance Certificate (ECC)

All Aliens registered with the CID are required to secure an ECC before they are allowed to leave the Philippines. The process of securing an ECC is the same as in Section 1 (registration of aliens).

3.Re-Entry Permit (RP) and Special Return Certificate (SRC)

All aliens who are permanent residents of the Philippines (immigrants) are required to secure a Re-entry Permit before they are allowed to re-enter the Philippines after a temporary stay in another country. In like manner, non-immigrants admitted for temporary residence in the country must secure a Special Return Certificate before they are admitted back to the Philippines after a temporary stay abroad. Holders of Rps and/or SRCs may return to the Philippines with the same admission status as when they departed. Application for RP and SRC follows the procedural steps as in Section 1 (registration of aliens).

4.Special Study Permit

In recognition of the peculiar situation of certain aliens who have been granted non-immigrant status or who have pending applications for immigrant status and their families, Special Study Permits may be granted.

5.Special Work Permit.

This type of permit may be granted to temporary visitors coming for business. The business may be commercial, industrial, or professional in character, but does not include coming for employment, or for clerical or manual work.

6.Certificate of Temporary Residence for 13 a holders

This type of visa is granted to the unmarried minor children of a foreigner, who subsequently marries a Filipino citizen.

IDENTIFICATION CERTIFICATE

By Election, Birth or Marriage

An alien who eventually acquires Philippine citizenship by reason of birth, election or marriage must secure an Identification Certificate (ID) in lieu of his immigration documents (ACR & ICR) which are subject to cancellation.

Checklist of Requirements:

An order of cancellation signed by the Commissioner and approved/affirmed/concurred in the Department of Justice;

1.Alien Certificate of Registration

2.Immigration Certificate of Residence or Native-Born Certificate of Residence

3.Four (4) photographs, 2" x 2" in size

Waiting Time:

By Naturalization

Naturalization is either a judicial or administrative process by which an alien acquires Philippine citizenship. An alien who becomes a naturalized Philippine citizen is required to have his immigration documents canceled and, in lieu thereof, be issued an Identification Certificate showing his citizenship status.

Naturalization Under Presidential Decrees

Checklist of Requirements:

Naturalization through the Courts

Checklist of Requirements:

Waiting Time:

PERMIT TO REENTER
RE-ENTRY PERMIT FOR IMMIGRANT (RP)

The Re-entry Permit (RP) is issued to an alien immigrant about to depart temporarily from the Philippines. The RP allows the holder to return to the Philippines with the same admission as when he departed. The initial validity of the RP shall be six (6) months, but on good cause shown, it may be issued with an initial validity of an RP exceed the holder's authorized stay.

The RP shall be extended for six (6) months, but on good cause shown, it may be extended for one (1) year, provided however, that in no case shall the RP remain valid for a continuous period of more than five (5) years. The RP shall be valid for a single entry unless it is expressly stated that it shall be valid for multiple entries. The RP fee shall be assessed on every issuance and/or extension for a six (6) month period, provided, however, that with respect to the multiple RP, the RP fee shall be assessed for every departure.

An application for the RP shall be accompanied by an application for the Emigration Clearance Certificate (ECC), B-series.

Checklist of Requirements

Application form completely filled up

Original ACR

CID documents showing present admission status such as ICR, NBCR, CRTV, CRTS, CRPE, CRTT

SPECIAL RETURN CERTIFICATE FOR NON-IMMIGRANT (SRC)

The Special Return Certificate (SRC) is issued to an alien non-immigrant admitted to temporary residence in the Philippines who is about to depart temporarily from the Philippines. The SRC allows the holder to return to the Philippines with the same admission as when he departed. The initial validity of the SRC shall be six (6) months, but on good cause shown, it may be issued with an initial validity of one (1) year, provided, however that in no case shall the validity of an SRC exceed the holder's authorized stay.

The SRC shall be extended for six (6) months, but on good cause shown, it may be extended for one (1) year, provided, however, that in no case shall the SRC remain valid for a continuous period of more than five (5) years. The SRC shall be valid for a single entry unless it is expressly stated that it shall be valid for multiple entries. The SRC fee shall be assessed on every issuance and/or extension for a six (6) month period, however, that with respect to the multiple SRC, the SRC fee shall be assessed for every departure.

An application for the SRC shall be accompanied by an application for the Emigration Clearance Certificate (ECC) B-series.

Checklist of Requirements:

Application form completely filled up

Original ACR

CID documents showing present admission status such as ICR, NBCR, CRTV, CRTS, CRPE, CRTT

Waiting Time:

Fees:

SPECIAL STUDY PERMIT

Under the Immigration Act, Section 9(f), a non-immigrant visa may be granted to a student, having means sufficient for his education and support in the Philippines temporarily and solely for the purpose of taking up a course of study higher than high school at a university, seminary academy, college or school approved for such alien students by the Commission on Immigration.

Student visas are issued only in the Philippine consulates abroad and after the applicant has successfully passed the National College Entrance Examination (NCEE), also administered in Philippine consulates abroad.

However, in recognition of the peculiar situation of certain aliens who have been granted non-immigrant status or who have pending applications for immigrant status and their families, we grant Special Study Permit (SSP) as an exception to the provision of the Immigration Act, Section 9 (f).

2.The following aliens may, upon proper application, be granted the SSP:

(a)An alien spouse or an unmarried minor child above seven (7) years of a holder of a US military serviceman or contractor visa (9(a) Special), treaty trader visa (9(d), foreign government official visa (9 (e)), pre-arranged employee visa (9(g), special non-immigrant visa (47 (a) (2), foreign personnel of regional or area headquarters of multinational companies visa (P.D. No. 218, E.O. No. 226) and foreign personnel of offshore banking units visa (P.D.No. 1034), regardless of the level of education, i.e., elementary, high school, college or post graduate, sought to be pursued;

(b)An unmarried minor child above seven (7) years of a holder of a student visa (9(f), which student visa was issued at least as of the first semester 1988-1989, provided the student's parent proves that he has the financial capability to support the education of the said minor unmarried child;

(c)An alien student availing of the Alien Student Amnesty provided in Law Instructions No. 30, dated 10 May 1988;

(d)An unmarried minor child above seven (7) years of a former Filipino citizen, regardless of whether the former Filipino parent has applied for permanent residence and regardless of the level of education to be pursued;

(e)An alien who has filed with the CID a complete application for admission as a quota immigrant under Immigration Act, Section 13 or for admission as a non-quota immigrant under the Immigration Act, Section 13 (e), regardless of the level of education sought to be pursued, provided, however, that in the event the application is disapproved, the alien shall no longer be granted the SSP for the semester immediately following the disapproval of the application;

(f)An alien spouse or unmarried minor child above seven (7) years of a Filipino citizen who has filed with the CID a complete application for admission as a non-quota immigrant under the immigration Act, Section 13 (a) or as a temporary resident under Law Instructions No. 33 dated 8 May 1988, regardless of the level of education sought to be pursued; provided, however, that in the event the application is disapproved, the persons referred to above shall no longer be granted the SSP for the semester immediately following the disapproval of the application;

(g)An alien spouse or an unmarried minor child above seven (7) years of a Filipino citizen whose application for admission as a non-quota immigrant under the Immigration Act, Section 13 (a), or as a temporary resident under Law Instructions No. 33 dated 8 May 1988 has been approved, during the initial one (1) year probationary period, regardless of the level of education sought to be pursued;

(h)A former Filipino citizen, his spouse and unmarried minor children who has filed with the CID a complete application for admission as a non-quota immigrant under R.A. No. 4376, (also referred to as the Immigration Act, Section 13 (g), regardless of the level of education sought to be pursued; provided, however, that in the event the application is disapproved, the persons referred to above shall no longer be granted the SSP for the semester immediately following the disapproval of the application;

(I)An alien who has been granted the U.S. military serviceman or contractor visa (9(a) Special), treaty trader visa (9(d), foreign government official visa (9(e), pre-arranged employment visa (9(g), special non-immigrant visa (47 (a) 2), foreign personnel of regional area headquarters of multinational companies visa (P>D> No. 218, E. O. No. 226), and foreign personnel of offshore banking units visa (P.D. No. 1034), and who seeks to pursue post graduate education, but only if said education will be pursued outside of his normal, work hours and will not interfere with the discharge of the principal duties for which said alien was issued the corresponding visa;

(j)An alien, his spouse and unmarried minor child above seven (7) years who have been granted a Special Investors Resident Visa under Executive Order No. 226 or the Omnibus Investment Code, Executive Order No. 63 or the Tourist-Related Incentives Law, and Executive Order No. 1037 or the Philippine Retirement Authority Law;

(k)An unmarried minor child or a foreign correspondent who has been issued by the CID a Special Work Permit.

Compliance with the requirement that the child be a minor in order to qualify for the SSP shall be ascertained as of the time the child first applies for the SSP and shall be deemed to continue until he completes the particular level of education i.e., elementary, high school, college or postgraduate, sought to be pursued.

3.An application for SSP shall be filed with the CID Law and Investigation Division and shall be supported by the following documents:

(a)for aliens referred to in para 2(a), 2(b), 2(g) and 2(j) above.

i)letter request stating personal circumstances of applicant;

ii)true copy of birth certificate of applicant;

iii)true copy of passport of applicant;

iv)ACR and ICR or Certificate of Residence of applicant;

v)4 copies of the latest photograph of applicant;

vi)true copy of passport of parent;

vii)ACR and ICR or certificate of Residence of parent; and

viii)for aliens referred to in para 2(b) above, the additional requirement of proof of financial capability to support, i.e.,bank statements, study grant stipends, etc.

(b)for aliens referred to in para. 2(c) above:

(i)4 copies of the latest photograph of the applicant.

For other documentary requirements, see Law Instruction No. 24 and Immigration Regulation Instructions No. 30 dated 10 May 1988.

(c)for aliens referred to in para 2(d) above:

(i)letter request stating personal circumstances of applicant;

(ii)true copy of birth certificate of applicant

(iii)true copy of passport of applicant

(iv)4 copies of the latest photograph of applicant;

(v)true copy of birth certificate of former Filipino parent; and

(vi)certificate of naturalization of parent.

(d)for aliens referred to in para. 2(e), 2(f) and 2(h) above:

(i)letter request stating personal circumstances of applicant;

(ii)true copy of application for admission as quota immigrant or as non-quota immigrant bearing the CID receiving stamp and certified complete by the CID Law and Investigation receiving clerk.

(e)For aliens referred to in para.2(i) above;

(i)letter request stating personal circumstances of applicant;

(ii)true copy of passport of applicant;

(iii)ACR and Certificate of Residence of applicant; and

(iv)4 copies of the latest photograph of applicant.

(f)for aliens referred to in para. 2(k) above:

(i)letter request stating personal circumstances of applicant;

(ii)true copy of birth certificate

(iii)true copy of passport of applicant;

(iv)4 copies of the latest photograph of the applicant;

(v)true copy of passport of parent;

(vi)true copy of special work permit issued to parent.

The CID Law and Investigation Division receiving clerk shall examine the documents submitted and shall accept only complete applications. The CID lawyer assigned to the case shall require the applicant to present the original documents for comparison with the copies submitted and shall indicate the copies that the originals have been seen and verified. Upon issuance of the SSP, the alien shall be required to affix his thumb prints and photograph to the SSP.

4.The SSP shall be valid for one (1) semester, renewable each semester, or for periods determined by the Commissioner or the Associate Commissioner. Except for (a) an alien student availing of the Alien Student Amnesty referred to in para. 2(c) above and (b) an unmarried minor child of a former Filipino citizen referred to in para. 2(d) above, the SSP of all the aliens referred to in para. 2 shall be automatically renewed for as long as the visa of the parent remains valid, or in the case of the aliens referred to in para. 2(i) above, for as long as the alien's visa remains valid.

With respect to an alien student referred to in para. 2(c) above and an unmarried minor child of a former Filipino citizen referred to in para. 2(d) above, the renewal of their visa shall be conditioned on their compliance with the requirements for the extension of a student visa outlined in the Immigration Manual.

5.An application for the renewal of the SSP under para 2(a), 2(b), 2(e) and 2(g) shall be accompanied by such documents as will establish that the bases for the initial grant of the SSP continue to exist. The Application for renewal of the SSP under para.2(c) and 2(d) shall be supported by the official transcript of grades for the immediately preceding semester duly signed by the school registrar bearing the seal of the school or the university. Such application shall be granted, only if the requirements for the extension of a student visa provided in the Immigration Manual have been complied with.

6.Upon the initial grant and renewal of the SSP, the applicant shall be assessed a fee of P350.00 per semester. The normal processing shall be one (1) week. However, qualified applicants who may wish to avail of the express processing of three (3) days, shall be assessed an overtime fee of P250.00.

7.A bonafide holder of an immigrant visa is normally not required to obtain the SSP as a condition to his enrollment in a school in the Philippines.

However, in order to effectively prevent this proliferation of fake immigrant visas and to prevent the holders of such fake visas from gaining admission to schools in the Philippines, an alien above seven (7) years who was granted an immigrant status under the Immigration Act, Section 13,13(a) to 13(g) and who desires to pursue his education at any level shall be required to apply for the SSP only for the first semester of his enrollment.

An alien who at the time of the effectivity of these Law Instructions was already enrolled for more than one semester, shall be required to apply for the SSP for the first semester immediately following the effectivity of the Law Instructions.

8.A non-immigrant who does not fall within the coverage of these Law Instructions and who seeks to pursue his education in the Philippines at the college level shall be allowed by a school to enroll only if he presents a valid student visa under the Immigration Act, Section 9(f), obtained from a Philippine Consulate abroad, after passing the National College Entrance Examination (NCEE) administered, likewise, by a Philippine consulate abroad.

9.Only schools or institutions of learning in the Philippines duly approved by the CID as schools for non-immigrant students may accept non-immigrant aliens for enrollment.

10.All schools duly approved by the CID as schools for non-immigrant students shall submit, within 45 days after the end of each semester, a list of the non-immigrant foreign students who were enrolled during the preceding semester with their corresponding status, i.e., their course and the year just completed. Failure to comply with this requirement shall be a ground for the revocation of the approval of the school as a school for non-immigrant students.

11.The SSP may be revoked upon the commission by an alien of any act which would constitute a ground for deportation under the Immigration Act, Section 37, or upon the conviction of an alien of any of the offenses defined in the Immigration Act, Section 45.

ADDITIONAL PERSONS ENTITLED TO SPECIAL STUDY PERMIT

1.This supplements Law Instructions No. 35.

2.In addition to the aliens referred to in Law Instructions No. 35, the following aliens may, upon proper application, and submission of supporting documents, be granted the Special Study Permit (SSP):

(a)An alien, his spouse and unmarried child above seven years old, who have filed a Notice of Intent to apply for legalization pursuant to Intelligence Instructions No. 10 and Executive Order No. 324, for the period that his application for legalization is pending, regardless of the level of education sought to be pursued; provided, however, that in the event the application is disapproved, the alien shall no longer be granted the SSP for the semester immediately following the disapproval of his application.

Supporting documents are:

(i)letter request stating the personal circumstances of the applicant;

(ii)true copy of the Notice of Intent to apply for legalization as specified in Intelligence Instructions No. 10 and true copy of the application for legalization referred to under the rules and regulations of the legalization program;

(iii)true copy of the birth certificate of the applicant;

(iv)four (4) copies of the latest photograph of the applicant; and

(v)true copy of passport of the applicant.

(b)An alien, his spouse and unmarried minor child above 7 years old, who have filed a complete application for Special Investor's Resident Visa (SIRV) under E.O. No. 226 or the Omnibus investment Code, E.O. No. 1037 or the Philippine Retirement Authorization Law, for the period that the application is pending, regardless of the level of education sought to be pursued, provided, however, that in the event the application is disapproved, the alien shall no longer be granted the SSP for the semester immediately following the disapproval of his application

Supporting documents are:

(i)letter request stating personal circumstances of the applicant;

(ii)true copy of application for bearing the Board of Investments (BOI) receiving stamp and certified complete by the BOI; and

(iii)four (4) copies of the latest photograph of the applicant.

(c)An alien who has been recognized as a refugee by the United Nations High Commissioner for Refugees (UNHCR), his spouse and unmarried minor child above seven years old, for the period that the UNHCR is locating a country for their permanent resettlement, regardless of the level of education sought to be pursued.

Supporting documents are:

(i)letter request stating personal circumstances of the applicant;

(ii)true copy of the UNHCR certification that applicant has been recognized as a refugee; and

(iii)four (4) copies of the latest photograph of the applicant.

(d)An unmarried minor stepchild of a Filipino citizen (i.e., the alien child by the previous marriage of an alien who has subsequently married a Filipino citizen), provided, that the Filipino citizen has filed with the CID a complete application for the admission of his spouse as a non-quota immigrant under the Immigration Act, Section 13(a) or for the issuance to his spouse of a Temporary Resident Visa (TRV) under Law Instruction No. 33 issued on May 8, 1988 and provided further, that said unmarried minor stepchild is dependent of, and actually resides with the Filipino citizen and his alien spouse.

Supporting documents are:

(i)letter request stating personal circumstances of the applicant;

(ii)true copy of the birth certificate of the applicant;

(iii)true copy of application for admission as non-quota immigrant under Section 13(a) of the Immigration Act of 1940 or for the grant of a, bearing the CID receiving stamp and certified complete by the proper receiving clerk;

(iv)joint affidavit executed by the Filipino citizen and his alien spouse stating that the applicant is their dependent and that they are financially capable of giving support to the same, including, financing the education for which the SSP is sought; and

(v)four (4) copies of the latest photograph of the applicant.

(e)An unmarried minor stepchild of a former Filipino citizen (i.e., the alien child by a previous marriage of an alien who has subsequently married a former Filipino citizen) who is returning to the Philippines for permanent residence, provided, that the returning former Filipino citizen has filed with the CID a complete application for his admission and that of his alien spouse and unmarried minor children as non-immigrants under R.A. No. 4376, (also referred to as the Immigration Act, Section 13 (g), and provided, further that said unmarried minor stepchild is a dependent of, and actually resides with the former Filipino citizen and his alien spouse.

Supporting documents are:

(i)letter requests stating personal circumstances of the applicant;

(ii)true copy of birth certificate of the applicant;

(iii)true copy of application, for admission as non-quota immigrant under R.A. No. 4376, bearing the CID receiving stamp and certified complete by the proper receiving clerk;

(iv)joint affidavit executed by the former Filipino citizen and his alien spouse stating that the applicant is their dependent and that they are financially capable of giving support to the same, including, financing the education for which the SSP is sought.

(f)An alien above seven years old who has been admitted to the Philippines as a temporary visitor in connection with a bona fide student exchange program, the details of which have been disclosed to and approved by the Commission of Immigration and Deportation.

Supporting documents are:

(i)letter request stating personal circumstances of the applicant;

(ii)true copy of passport of the applicant;

(iii)letter explaining the detailed features of the student exchange program in which the applicant is a participant.

3.The other provisions of Law Instructions No. 33 shall be applicable to the additional categories of the aliens eligible for the SSP referred to above.

4.The term "unmarried minor child" as used herein as well as in Law Instructions No. 35 shall include the child who is legally adopted. For the purpose of establishing legal adoption, a true copy of the judgment of the court in the adoption proceedings shall be submitted.

5.In addition to the documents provided in Law Instructions No. 35, Section 3(d), the aliens referred to therein shall also submit four (4) copies of their latest photograph.

LAW INSTRUCTIONS NO. 27
SPECIAL WORK PERMIT

The Immigration Act, Section 9, para a provides that aliens may be admitted as non-immigrants, if they are temporary visitors coming for business. The business may be commercial, industrial, or professional in character, but does not include coming for employment, or for clerical or manual work.

The business of temporary visitors refers to legitimate activities of a commercial or professional character, and does not include purely local employment or labor hire. Karnuth V. Alboro, 279 US 231 (1929).

Under Republic Act. No. 5455, the Board of Investments issued a circular defining acts which do not constitute "doing business in the Philippines, " i.e., these acts are considered non-immigrant business: conducting business surveys or other isolated business transactions, including consultations advice, and negotiations; providing technical consultations; or performing services auxiliary to isolated contract of sale, such as installing machineries in the Philippines

The suggested administrative test to determine if a non-immigrant business visit is involved, includes the following elements (Gordon and Rosenfield, Immigration Law and Procedure 2-45):

Under these principles, the temporary visitor may engage in non-immigrant business for the period of his authorized stay, provided that he secures a Special Work Permit (SWP) from the Commissioner. He shall accomplish any application form stating certain particulars, which shall be his handwritten signature and photograph taken no longer than 30 days from the date of the application Temporary visitors for business required to apply for an SWP include, but are not limited to:

a)Professional athletes competing only for the limited period of authorized stay;

b)Aliens of distinguished merit and ability entering to perform exceptional temporary services, but having no contract of pre-arranged employment;

c)Artists and other performers who wish to perform in the country and the audience pays for the performance;

d)Aliens coming primarily to perform non-competitive temporary services or to take non-competitive training who would be classifiable as temporary workers industrial trainees, except that they do not receive a salary or other remuneration from a Philippine source, other than expenses incidental to their temporary stay,

e)Aliens authorized to search for hidden treasure;

f)Movie and television crews filming in the country;

g)Alien journalists pursuing their profession in the country.

Under the CID Schedule of Fees, para 3, a petition for permit to work shall be assessed P300.00; plus an overtime fee of P200.00 for Express Lane service; or a total of P500.00 per applicant. If a single application covers more than one applicant, only a single overtime fee of P200.00 shall be assessed, but the applicant shall be individually assessed the application fee of P300.00 each.

LAW INSTRUCTION NO. 42
ADDITIONAL PROVISIONS RELATING TO THE ISSUANCE OF SPECIAL WORK PERMIT

1.This supplements and clarifies Law Instructions No. 27.

2.Period of Validity; Extension and Re-Issuance

A Special Work Permit (SWP) shall be valid for a period determined by the Commission on Immigration and Deportation (CID) as necessary for the temporary visitor. It may be further extended provided the application is made prior to its expiration and the aggregate continuous period of validity does not exceed 1 year and 59 days, or the temporary visitor's authorized stay, whichever comes first. The period of validity of an SWP continues to run despite the absence of the temporary visitor from the Philippines and no expired segment thereof is reinstated upon his re-entry.

A temporary visitor who was previously granted an SWP which has since expired, may re-apply for the issuance of a new SWP provided (a) the bases for the grant of an SWP enumerated in Law Instructions No. 27 continue to exist, and (b) he is not engaged in employment which requires him to obtain a pre-arranged visa.

3.Fees

An application for an SWP shall be assessed a fee of P300.00. An SWP which is issued with an initial validity in excess of 3 months or which is extended beyond the initial validity shall be assessed an additional fee of P100.00 per month. An overtime fee of P200.00 shall be assessed for Express Lane Service. If a single application covers more than one applicant, only a single overtime fee shall be assessed. Under the Express Lane Service, an application received between 8:00 - 11:30 a.m. shall be released on the same day. That received in the afternoon shall be released in the morning of the following day. Under regular processing, an application shall be acted upon and released within three working days.

4.Alien Journalist

Notwithstanding the foregoing provisions, an alien journalist or a foreign correspondent pursuing his profession in the country, shall be granted an indefinite SWP for as long as he remains accredited with the International Press Center.

5.Expatriates in hotels/restaurants with pending applications for pre-arranged employment visas.

Under the Revised Joint Circular among the Department of Tourism (DOT), Department of Labor and Employment (DOLE) and the CID Enunciating Policy Guidelines on the Employment of Foreign Nationals in the Hotel/Restaurant Industry, the applications for pre-arranged employment visas of the expatriates in the hotels and restaurants are required to be processed by a committee composed of representatives from the DOT, DOLE, and the CID Because of the substantial delay being experienced in the initial implementation of the joint screening procedure, an applicant who has submitted complete documents to support his application for a pre-arranged employment visa, as certified by the DOT, may upon his request be issued an SWP pending action on his application as an exception to the conditions under which as SWP may be issued. Said SWP shall be valid for a period of 3 months, subject to further extensions for as long as the application remains pending. An application for said SWP shall be assessed a fee of P300.00. An extension beyond the initial validity shall be assessed an additional fee of P100.00 per month. The fee and time frame for Express Lane Service referred to in paragraph 3 above shall apply to an SWP issued hereunder.

LAW INSTRUCTIONS NO. 47

This supplements Law Instructions Nos. 27 and 42 on Special Work Permits (SWP).

The commission may issue SWP pending the approval of any applicant's pre-arranged employment visa, provided the latter secures a valid Alien Employment Permit (AEP) from the Department of Labor and Employment.

The SWP shall be valid for a period of three (3) months from the date of issuance, and shall allow the applicant to provisionally assume his duties and responsibilities in the position applied for.

The SWP may be extended by the Commission upon written request by the petitioning company thirty (30) days before the permit expires, but only for compelling reasons.

LAW INSTRUCTIONS NO. 56

1.This further supplements Law Instructions Nos. 27 and 42 on Special Work Permits (SWP).

Law Instructions No. 27 provides that artists and other performers who wish to perform in the country shall secure a permit before they can actually perform. Law Instructions No. 42 provides that the permit shall be valid for a period not to exceed the authorized stay of the temporary visitor.

2.The permit in favor of artists and other entertainers shall be granted only upon application by a duly authorized representative no later than the sixty (60) days prior to their scheduled performance date. The permit shall be valid only for the indicated period of performance which in no case shall exceed the period of authorized stay in the country. It may be extended upon written request by the original applicant, seven (7) days before the permit expires.

3.The provisions of paragraph 2 notwithstanding, the Commission may issue a permit upon application made within a shorter period when : a) the artist or entertainer will perform for a socio-civic benefit, b) the audience does not pay for the performance, or c) the Cultural Center of the Philippines sponsors the performance.

4.The permit shall include the obligation on the part of the applicant to exert best efforts to implement the Organisasyon ng Pilipinong Mang-aawit (OPM) singer's equity program. This program obligates the applicant to pay an equity fee to any local singer or other Filipino who might be displaced by the performance. For this purpose, the permit shall require the applicant within three days from the date of the permit to coordinate with OPM thru its president for the implementation of the equity program.

5.Permits issued to alien entertainers, as well as supporting documents, shall be available for instruction by any authorized OPM representative.

6.These Law instructions shall take effect on 1 June 1989.

SPECIAL WORK PERMITS TO BE ISSUED DURING THE INITIAL ONE (1) YEAR PROBATIONARY PERIOD TO HOLDERS OF IMMIGRANT VISAS UNDER THE IMMIGRANT ACT, SECTION 13 (a) AND HOLDERS OF TEMPORARY RESIDENT VISAS UNDER LAW INSTRUCTION NO. 33

1.This supplements Law Instructions Nos. 22 and 33.

2.Law Instructions No. 22 provides that during the one (1) year probationary period, the alien spouse whose application for immigrant visa under the Immigration Act, Section 13 (a) has been approved shall, upon his request, be granted a Special Work Permit (SWP). Similarly Law Instructions No. 33 provides that during the one (1) year probationary period, the alien spouse whose application for temporary resident visa has been approved shall upon his request, be granted an SWP.

3.The SWP referred to in the preceding paragraph shall be granted upon submission of proof of approval of the application either for permanent resident under the Immigration Act, Section 13 (a) or the temporary resident visa under Law Instructions No. 33 with a validity of one (1) year.

4.An application for SWP shall be assessed a fee of P300.00.

5.The SWP shall be automatically revoked in the event the immigrant visa or the temporary resident visa shall be revoked during the one (1) year probationary period.

ISSUANCE OF TEMPORARY RESIDENT VISAS TO CERTAIN ALIENS MARRIED TO PHILIPPINE CITIZENS

1.This supplements Law Instructions No. 13.

2.The 1987 Constitution, Article 2, Section 12 provides:

"The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. It shall equally protect the life of the mother and the life of the unborn from conception. The natural and primary right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shall receive the support of the government."

3.The Immigration Act, Section 13(a) thus provides:

"Sec 13. Under the conditions set forth in this Act, there may be admitted into the Philippines immigrants, termed quota immigrants not in excess of fifty (50) of any one nationality or without nationality for any one calendar year, except that the following immigrants, termed non-quota immigrants', may be admitted without regard to such numerical limitations.

The corresponding Philippine Consular representative abroad shall investigate and certify the eligibility of a quota immigrant previous to his admission into the Philippines. Qualified and desirable aliens who are in the Philippines under temporary stay may be admitted within the quota, subject to the provisions of the last paragraph of Section 9 of this Act.

(a)The wife or the husband or the unmarried child under twenty-one years of age of a Philippine citizen, if accompanying or following to join such citizen."

4.Under the Foreign Service Code of 1983, the Department of Foreign Affairs periodically draws up a list of the countries which grant permanent residence and immigration privileges to Filipinos as well as the countries whose nationals fall under the category of restricted nationals. This list is updated periodically.

As of February 29, 1988, the following are the countries which grant permanent residence and immigration privileges to Filipinos:

Countries not enumerated in the list do not grant permanent residence and immigration privileges to Filipinos. Under the principle of reciprocity, nationals of these countries are not granted permanent residence and immigration privileges in the Philippines.

As of February 29, 1988, the nationals of the following countries are classified as restricted:

(a)Albania

(b)Cuba

(c)Iran

(d)Laos

(e)Libya

(f)Democratic People's Republic of Korea

(g)People's Republic of China

(h)South Africa

(i)Syria

(j)Union of Soviet Socialist Republic

(k)Socialist Republic of Vietnam

For reasons of national security, restricted nationals are likewise not granted permanent residence and immigration privileges in the Philippines.

However, in recognition of the need to give substance to the Constitutional provision upholding the sanctity of family life and protecting and strengthening the family as a basic autonomous social institution while at the same time respecting the principle of reciprocity and the interests of national security, a national of a country which does not reciprocally grant permanent residence and immigration privileges to Filipinos as well as a national of a country which is classified as restricted, who is the wife or the husband or the unmarried child under twenty-one years of age of a Philippine citizen, shall be granted a temporary resident visa (TRV) valid for an initial probationary period of one (1) year and renewable thereafter for periods not exceeding three (3) years at one time.

An application for a temporary resident visa (TRV) filed by a Philippine citizen on behalf of his or her spouse or unmarried child under twenty-one-years of age shall establish the same facts and be supported by the same documents required to support an application for immigrant visa under the Immigration Act, Section 13(a), as enumerated in Law Instructions No. 13, dated 28 February 1988, paragraph 2, and Immigration Regulations Instructions No. 21, dated 13 April 1988, relating to the AIDS Clearance Certificate, except that, in addition, the following documents shall also be submitted:

(a)Clearance from the central government agency of applicant's country or place of residence, competent to give information about any criminal record that applicant may have, duly authenticated by the Philippine Embassy or Consulate in or closes to applicant's country.

(b)NBI Clearance

(c)CID Intelligence Clearance

The CID Intelligence Clearance shall be required in lieu of the NICA Clearance required under Law Instructions No. 13, paragraph 2.

7.The procedure for processing an application for a temporary resident visa (TRV) shall be identical to that set forth in Law Instructions No. 26, dated 18 May 1988, paragraphs 2 to 7.

8.If the Board of Commissioners finds that the application complies with the requirements of the Immigration Act, Section 13 (a) and that the applicant has established the facts entitling him to the authorization, the Board shall grant the application and the Commissioner shall so inform the applicant.

9.The Board of Commissioners shall meet on the second and fourth Mondays of each month to deliberate on the applications for a temporary resident visa (TRV). Applications which have been duly heard by the BSI and for which it has already issued recommendations, shall be calendared for the immediately succeeding board meetings.

In the event that the decision of the Board of Commissioners is adverse to the applicant, he may file a motion for reconsideration within five (5) days from notice of the decision.

10.The initial one (1) year period of the temporary resident visa shall be probationary and the Filipino citizen and his alien spouse and unmarried children below twenty-one years shall be subjected to background investigation to ascertain that the marriage is real and not fictitious. During the one (1) year probationary period, the alien spouse shall be granted, upon his request, a special work permit and the unmarried children below twenty-one years shall be granted, upon the request of their parents, special study permits.

11.An application for extension of the temporary resident visa shall be filed with the Board of Special Inquiry at least one (1) month before the expiration of the authorized stay. The application shall set forth such facts as may be necessary to show that the basis for the grant of the original petition continue to exist.

The application shall be supported by the following documents:

(a)Application form completely filled-up, signed by the Filipino citizen and his alien spouse

(b)joint affidavit of financial capacity to support executed by the applicant and the alien spouse with supporting documents such as income tax return, land titles, contract of employment, salaries, pensions, and other similar documents.

(c)Birth certificate(s) of children born subsequent to the approval of the initial one (1) year period or any extensions thereof, if any

(d)CID Intelligence Clearance

(e)NBI Clearance

(f)Such other documents as may be deemed necessary and material to an adequate evaluation of the application.

The requirement in (a) above, that the application form be signed both by the Filipino citizen and his alien spouse shall not apply to cases where the Filipino spouse is dead as evidenced by the appropriate death certificate or where one of the spouses is temporarily absent from the Philippines as evidenced by the appropriate duplicate special return certificate (SRC) and emigration clearance certificate (ECC)

12.The BSI shall observe the procedure outlined in Law Instructions No. 26, dated 18 May 1988 paragraph 2 to 7, with respect to the disposition of an application for extension.

13.The Board of Commissioners shall observe the procedure outlined in paragraphs 8 and 9, above, with respect to the disposition of an application for extension, except that no application for extension of a temporary resident visa shall be granted at one time for more than three (3) years, subject to the periodic renewal of not more than three (3) years at one time.

14.At any time during the initial one (1) year probationary period of the temporary resident visa or any subsequent extensions thereof, the Board of Commissioners may revoke the temporary resident visa for any of the following causes:

(a)The subsequent discovery that any of the document presented in support of the application were spurious;

(b)The subsequent discovery that the marriage is fictitious or simulated;

(c)The subsequent discovery that the marriage is void for lack of legal capacity;

(d)The commission by the alien of any act which would constitute a ground for deportation under Section 37;

(e)The conviction by the alien of the offenses defined in Section 45.

15.The holder of a temporary resident visa (TRV) shall secure the following documents and pay the following fees:

(a)Upon the approval of the initial one (1) year probationary period

(b)Upon the approval of each extension not to exceed

PROCEDURAL GUIDELINES

A.General Provisions:

It is absolutely necessary that clear photocopies of any application and all of its supporting documents be made and that these be submitted to and stamped received by the CID. This will serve as proof of filing and as a record of the documents submitted in the events of loss of these documents at CID.

Only photocopies provided they are clearly legible, of original documents in the possession of the applicant need be filed with CID. However, the original document must be made available for verification and comparison with the photocopies when requested by the examining CID officer. Original passports must be submitted when the application filed involves immediate implementation on the passport, as in the case of an extension of stay of temporary visitor's visa.

An application for extension must always be filed before the expiration of the period of authorized stay sought to be extended.

The passport of any applicant for a change of status or for an extension of stay must be valid for at least sixty (60) days beyond the period of stay requested.

The waiting time provided in this manual will begin to run on the day that a complete application, as certified by the appropriate CID examining Officer, has been submitted. It is understood that the number of days provided in the waiting time refers to working days.

The annual report fee must be paid not later than March 1 of each year. A fine of P10.00 per month or P100.00 per year will be assessed on payments made after March 1.

B.Alien Certificate of Registration (ACR)

Secure appropriate application form at the ground floor lobby and fill up all the blanks.

Have the application form, together with the complete documents listed in the CID manual. The receiving clerk with the assistance of a registration officer will examine the documents for completeness and will ascertain that any copies submitted are faithful reproduction of the originals. If the application is complete, the registration officer will so certify; otherwise, the application will be returned for completion after informing the applicant of the additional documents to be submitted. Upon completion, the applicant must follow the procedures outlined herein.

The receiving clerk will then pass on the complete application to an Intelligence Officer for checking if any derogatory information is filed against the applicant. If there is no derogatory information, the application will be passed on to an assessor for assessment.

If there is derogatory information, the application will be referred to the Intelligence Division for clearance. If the clearance is granted, the application will be passed on to assessment. If clearance is refused by the Intelligence Division, the applicant will be required to secure a clearance from the government agency which was the source of the derogatory information. Pending the issuance of the clearance, the application will not be processed.

After assessment, proceed to the cashier's office at the lobby for payment.

Affixing of Fingerprint and issuance of ACR.

Bring the ACR and fingerprinted index card for fingerprinting verification. A claim stub will be issued advising the applicant of the date when he should return to claim his ACR.

Meanwhile, after verification of the fingerprints, the ACR will be passed on for double checking of all the data contained therein. The ACR will then be passed on for signatures of the authorized signatories.

On the date specified, the applicant may claim his papers by surrendering the claim stub at the releasing station.

C.Cancellation of Alien Certificate of Registration (ACR) Upon Acquisition of Citizenship and Issuance of Identification Certificate (ID)

I.Cancellation of ACR.

File application together with the complete documents listed in the CID manual and have it received. The application will be forwarded to the Executive Officer at Room 215 on the second floor for assignment of a Citizenship Case Number.

The Executive Officer will raffle the case to a CID lawyer for examination and verification of documents.

If the CID lawyer finds that the documents are complete and that the copies are faithful reproduction of the originals, he will certify on the face of the application and return it to LID central receiving for imprinting of the "received" stamp. The CID lawyer may interview the applicant to clarify matter pertaining to the application and the supporting documents. After the interview, LID central receiving will issue a claim stub informing the applicant to return after the waiting time specified in the CID manual.

If the CID lawyer finds that the documents are incomplete, he will return the application and furnish the applicant with a checklist of the incomplete documents for completion. Upon completion, the applicant will follow the procedure outlined herein.

The CID lawyer will prepare a legal memorandum stating the factual and legal basis for his recommendation to either approve or deny the application. The LID will submit the legal memorandum to the Office of the Commissioner for appropriate action.

Upon approval, LID will forward the application to Records Section for transmittal to the Department of Justice.

II.Issuance of ID

Upon receipt of the approved application from the Department of Justice, the Records Section will raffle the case to a Registration officer in the Alien Registration Division, the officer notifies the applicant of the scheduled interview.

After the interview by the registration officer, the applicant shall be assessed the appropriate immigration fees.

Applicant pays for the ID and other immigration fees at the cashier's office at the lobby.

Applicant proceeds to the Office of the Commissioner with the proper recommendation of the assigned registration officer for final signature and approval.

The duly accomplished and approved application for cancellation of ACR is brought back to the ARD for implementation and releasing.

D.Certificate of Non-Registration

Have letter-request with supporting documents listed in the CID manual received by the general receiving desk for Law and BSI at the ground floor lobby.

Bring complete application to LID central receiving on the fourth floor and wait for the raffle of the application to a CID lawyer, for examination and verification of documents.

If the CID lawyer finds that the documents are complete and that the copies are faithful reproduction of the originals, he will so certify on the face of the application and return it to LID central receiving for imprinting of the "received" stamp. LID central receiving shall issue a claim stub informing the applicant to return after the waiting time specified in the CID manual.

If the CID lawyer finds that the documents are incomplete, he will return the application and furnish the applicant with a checklist of the incomplete documents for completion. Upon completion, the applicant should follow the procedure outlined in 1 and 2 above.

The CID lawyer will inquire from the fingerprinting Section as to whether or not the fingerprints as well as ACR/ICR or other documents of the applicant are on file.

The CID lawyer will prepare a legal memorandum stating the factual and legal basis for his recommendation to either approve or deny the application. He will submit the legal memorandum to the Office of the Commissioner for appropriate action.

On the date specified on the claim stub, the applicant should claim his papers by surrendering the claim stub. After the required fees are assessed and paid as evidenced by an official receipt, the certification will be issued.

E.Certificate of Residence

The same procedure outlined in Section B for securing an ACR should be followed, except that with respect to an ICR there is an additional requirement that after the signature of the authorized signatories are obtained the ICR will be sent to the Office of the Commissioner for approval.

F.Change of Status

Secure appropriate application form at the ground floor lobby and fill up all the blanks.

Attach letter-request with the supporting documents listed in the CID manual to the application and have it received by the general receiving desk for Law and BSI at the ground floor lobby.

Bring complete application to LID central receiving on the fourth floor and wait for the raffle of the application to a CID lawyer for examination and verification of documents.

If the lawyer finds the documents are complete and that the copies are faithful reproduction of the originals, he will so certify on the face of the application and the supporting documents.

If the CID lawyer finds that the documents are incomplete, he will return the application and furnish the applicant with a checklist of the incomplete documents for completion. Upon completion, the applicant will follow the procedure outlined in 2 and 3 above.

If the application is for a visa for:

a)Foreign Personnel of Offshore Banking Unit, P.D. 1034

b)Foreign Personnel of Regional Headquarter of Multinationals, E.O. 226

c)Special Investors Resident

(i)E.O. 63

(ii)E.O. 226

(iii)E.O. 1037

(d)Treaty Trader under Section 9(d)

The LID central receiving will issue a claim stub informing the applicant to return after the waiting time specified in the CID Manual

With respect to the applications referred to in 6 above, the CID lawyer will prepare a legal memorandum stating the factual and legal basis for his recommendation to either approve or deny the application. He will submit the legal memorandum to the Office of the Commissioner or Associate Commissioner for appropriate action.

If the application is for a Visa for:

a)Non-quota Immigrant

(i)By marriage, Section 13 para a

(ii)Returning former Philippine Citizen

(iii)Returning resident, Section 13 para e

(iv)Other categories for non-quota immigrants

b)Pre-arranged Employee, Section 9 para g

c)Quota Immigrant

The LID central receiving will transmit the application to the BSI. The BSI central receiving will raffle the application among the three BSIs and will calendar it for hearing in open court at the earliest available date and time. The BSI central receiving will inform the applicant either personally or by mail of the hearing date which shall not be less than three (3) days from notice. No postponement will be granted. The BSI will hear a petition continuously within a period not exceeding two (2) days.

The applicant may be represented by a counsel of his own choice who will propound questions to the witnesses in the presence of the CID lawyer assigned to the case. The CID lawyer may propound additional questions to the witnesses to ensure compliance with the requirements of the law and implementing instructions.

The applicant can present not more than two (2) witnesses in support of his application. Any third party may file an opposition to the application which likewise will be heard in open court. Upon the termination of the hearing the BSI central receiving will issue a claim stub informing the applicant to return after the waiting time specified in the CID Manual.

Within three (3) days following the termination of the hearing in open court, the BSI will submit to the Board of Commissioners a legal memorandum stating the factual and legal basis for its recommendation to either approve or deny the application for appropriate action.

On the date specified in the claim stub referred to in 6 and 9 above, the applicant may claim his papers by surrendering the claim stub at Room 215 on the second floor. The Executive Officer at Room 215 will furnish the applicant a copy of the Order of the Board of Commissioners or Commissioner as the case may be and assess the appropriate immigration fees.

After assessment, the applicant must proceed to the cashier's office at the lobby for payment. Upon payment, the applicant must return to Room 215 to have the Order implemented on his passport.

G.Emigration Clearance Certificate (ECC)

Follow the procedure outlined in Section B for securing an ACR.

For applicants leaving the Philippines with no intention to return, secure an ECC-a. For applicants leaving the Philippines for a temporary visit abroad, with simultaneous application for a Reentry Permit or Special Return Certificate, secure an ECC-B.

H.Extension of Stay

I.For extension of stay of the following visa holders:

Foreign personnel of Offshore Banking Unit, P.D. 1034

Foreign Personnel of Regional Headquarters of Multinationals, E.O. 226.

Special Investor Resident

a)E.O. 63
b)E.O. 2266
c)E.O. 1037

Treaty Trader under Section 9(d)
Follow the procedures outlined in Section F for securing change of status, particularly paragraph 1 to 7 and 11 to 12.

II.For Extension of Stay of the following visa holders:

Non-Quota Immigrant

a)By marriage, Section 13 para a

b)Returning former Philippine citizen R.A. 4376

c)Returning resident, Section 13 para e

d)Other categories for non-quota immigrants

Pre-arranged Employee Section 9 para g

Quota Immigrant
Follow the procedures outlined in Section F for securing change of status, particularly paragraph 1 to 5 and 8 to 12

III.For extension of stay of temporary visitors except Chinese Nationals:

Regular processing

a)Secure application form and fill up all the blanks

b)Proceed and have the application received by the receiving clerk. After the receiving clerk has checked that all the blanks on the application form have been completely filled up, he shall issue a claim stub indicating the date when the applicant should return to claim his papers.

c)Proceed for checking on any derogatory information.

d)The application form will be brought to the Visa Extension Section. The application will be recorded in the log book and will go through the process of screening and assessment, the application and the passport will be released for payment at the cashier's office at the lobby.

e)After payment, proceed and submit the application and the passport together with the Official Receipt for implementation.

f)The passport will be released in Window 1 any time during the day indicated on the claim stub.

Express Lane

a)Secure application form at the ground floor and fill up all the blanks.

b)Proceed and have your application received by the receiving clerk. The application will be also submitted for checking for any derogatory information.

c)Bring the application form and passport to the ground floor lobby and file in the Express lane counter. The application will be examined for completeness, after which a claim stub will be issued.

d)The application and passport will then be recorded in a log book and will be processed for screening, approval and assessment.

e)After assessment has been completed, the applicant will proceed to pay the fees and be issued an Official Receipt.

f)After payment, the extension will then be implemented after which it will be released to the applicant.

g) During normal periods (not peak season), the entire process should take only 2 1/2 to 3 hours. Receiving of Express lane applications are as follows: (1) 8:30 a.m. to be released on or before 11:30 (ii) 1:30 p.m. to 3:00 p.m., to be released not later than 6 p.m. Express Lane applications may be changed depending upon the volume of applications, but always with due notice to the public.

IV.For extension of Stay of temporary visitors - Chinese Nationals

Secure application form at the Intelligence Division at the second floor, Rm. 204 and fill up the blanks.

Go for the checking on any derogatory information.

After the intelligence officer has conducted the derogatory checking, he will send back the application to the Intelligence Division. He will issue a claim stub to the applicant indicating the date when he should return for his application.

The Intelligence Division will initially process the application and will issue a recommendation to the Associate Commissioner.

The Associate Commissioner shall act on the application of extension.

On the date specified on the claim stub, the applicant should proceed to the Intelligence Division and present his claim stub. The Intelligence Division will assess the immigration fees to be paid.

The applicant should proceed to the cashier's office at the ground floor to pay the assessed immigration fees and be issued an Official Receipt.

The applicant should then proceed to the Intelligence Division for the implementation of the extension and the release of his passport.

V.For extension of stay of students

Secure application form at the ground floor lobby or at the Non-Immigrant Control Section on the Third floor.

Have the duly accomplished application form notarized before a notary public.

Submit the accomplished application form for checking on derogatory information.

After the derogatory clearance, submit the application form with the non-immigrant control section on the third floor together with all the required documents for processing and recommendations. A claim stub will be issued upon submission of the complete application form together with the supporting documents. Applicants will be advised to come back after one day upon payment of express lane fee or after one week for ordinary processing.

With proper recommendation, application form is forwarded to the Office of Associate Commissioner for approval.

After approval, the application form is forwarded to the Non-immigrant control section at the third floor for assessment and issuance of an OPS.

Upon receipt of the OPS, the student applicant goes to the cashier's office at the ground floor lobby to pay the extension fees.

After payment, the student proceeds to the Non-immigrant control section at the third floor and present the receipt to the chief of the said section together with his passport for the implementation of the approved extension.

The chief of the non-immigrant control section implements the approved extension by stamping the approval on the passport and indicating therein the Official Receipt number and the amount paid. Likewise, he issues a corresponding Certificate of Extension addressed to the school.

After implementation, the passport is released to the student together with the Certification of Extension.