The Philippines: Information on the rights to which an Iranian man married to a Filipino woman is entitled if he has been issued a temporary visa under Article 5 of the Law Instruction No. 130, which authorizes the issuance of a temporary visa for "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 Filipino citizen"
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 1 July 1993 |
| Citation / Document Symbol | PHL14669 |
| Cite as | Canada: Immigration and Refugee Board of Canada, The Philippines: Information on the rights to which an Iranian man married to a Filipino woman is entitled if he has been issued a temporary visa under Article 5 of the Law Instruction No. 130, which authorizes the issuance of a temporary visa for "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 Filipino citizen", 1 July 1993, PHL14669, available at: https://www.refworld.org/docid/3ae6ab7690.html [accessed 22 May 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
A representative of the Embassy of the Philippines in Ottawa provided the following information during an interview held at the embassy on 14 July 1993. An Iranian man who has been issued a temporary visa under Article 5 of the Law Instructions No. 130 is treated like any other foreigner; he is neither a permanent resident in the Philippines nor a Filipino national. The only reason for the issuance of this visa is to allow this individual, who for the reasons mentioned in Article 5 is not qualified for the rights granted to permanent residents, to stay with his Filipino wife, since Filipino tradition respects the sanctity of the family. The holder of this visa is entitled to stay in or return to the Philippines so long as the visa is valid. The length of the visa can be extended upon request. This temporary visa does not grant any rights to the holder other than those mentioned. The visa holder can work if he, like other foreigners, obtains a permit from the Ministry of Labour for a specified position. This permit might be issued if there is no qualified Filipino national for that position. The visa holder might also study as a foreign student. Although the holder of the temporary visa can apply for permanent residence status, his application will not be approved.
Marrying a Filipino wife does not automatically qualify a foreign man to receive permanent residence status. In addition to having to meet a variety of specific requirements (such as obtaining a security clearance), an applicant for permanent residence status must not be a restricted national as specified by the Government of the Philippines or a national of a country which does not reciprocally grant immigration privileges, including permanent residence status, to Filipino nationals. Since the passage of the Law Instructions No. 130, most restricted countries, including Iran, have been declared unrestricted. However, unless Iran grants Filipino nationals who marry Iranian nationals the same immigration rights and privileges as the Philippines grants foreign nationals who marry Filipino nationals, the above-mentioned Iranian will not qualify for permanent residence status in the Philippines. The representative was unaware of whether or not Iran grants the same rights and privileges to Filipino nationals.
Provided that the Government of the Philippines has no reason to deny permanent residence status to an Iranian man married to a Filipino woman, the requested status may be granted. However, the process of obtaining permanent residence status is "very long." The representative was unable to specify the exact length of this period.
While uncertain about the details, a representative of the Embassy of the Islamic Republic of Iran in Ottawa states that Filipino nationals who are married to Iranian nationals have the right to travel to Iran, as well as the rights to work and to study in Iran (14 July 1993). However, there are specific restrictions regarding foreign men marrying Iranian women, and on owning property (Ibid.). The representative was unable to specify these restrictions. The DIRB is expecting additional clarifying information from the Embassy of the Islamic Republic of Iran in Ottawa. This information will be forwarded to you upon receipt.
Additional and/or corroborating information on the above subject is currently unavailable to the DIRB.
References
Embassy of the Islamic Republic of Iran, Ottawa. 14 July 1993. Telephone Interview with Representative.
Embassy of the Philippines, Ottawa. 14 July 1993. Personal Interview with Representative.
