VISA
POLICIES
BUREAU OF IMMIGRATION
2013
1
BY ARCHEMIDES O. SIGUAN
Immigration Officer I
Agency Directions:
MANDATE
The Bureau of Immigration is responsible for the
administration and enforcement of immigration,
citizenship and alien admission and registration laws in
accordance with the provision of the Philippine
Immigration Act of 1940, as amended.
The Bureau is also tasked to adopt measures for the
apprehension of suspected traffickers both at the place
of arrival and departure, and ensure compliance by the
Filipino fiancés/fiancées and spouses of foreign
nationals with the guidance and counseling requirement
pursuant to Republic Act No. 9208 or the AntiTrafficking in Persons Act of 2003 and its implementing
rules and regulations.
Agency Directions: GOALS
1.
2.
3.
4.
5.
6.
To carry out border control and management
to ensure lawful movement of people;
To provide comprehensive documentation of
foreign nationals to acquire complete
immigration records of aliens;
To maintain automated registration and
monitoring of foreign nationals;
To contribute to economic growth and
prosperity for the promotion of tourism, trade
and investment;
To help strengthen international relations; and
To raise the professionalization of the
bureaucracy.
Powers of an Immigration Officer
Philippine Immigration Act of 1940
Sec. 6. Powers of Immigration Officer. -
1. The examination of aliens concerning their right
to enter or remain in the Philippines shall be
performed by Immigrant Inspectors with the
advice of medical authorities in appropriate
cases.
2. Immigrant Inspectors are authorized to exclude
any alien not properly documented as required
by this Act, admit any alien complying with the
applicable provisions of the immigration laws
and to enforce the immigration laws and
regulations prescribed thereunder.
4
Powers of an Immigration Officer
Philippine Immigration Act of 1940
Sec. 6. Powers of Immigration Officer. -
3. Immigrant Inspectors are also empowered to
administer oaths, to take and consider evidence
concerning the right of any alien to enter or reside in
the Philippines, and to go aboard and search for
aliens on any vessel or other conveyance in which
they believe aliens are being brought into the
Philippines.
4. Immigrant Inspectors shall have the power to arrest,
without warrant, any alien who in their presence or
view is entering or is still in the course of entering the
Philippines in violation of immigration laws or
regulations prescribed thereunder.
5
PRIMARY CONSIDERATION
PERFORM PRIMARY AND
SECONDARY INSPECTIONS TO
DETECT RISK AND THREAT
TRAVELERS.
THREAT TO NATIONAL SECURITY
THREAT TO PUBLIC HEALTH
THREAT TO ECONOMIC
DEVELOPMENT
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Visa
An endorsement by a consular or
immigration officer in a passport or a
certificate of identity that indicates that
the officer, at the time of issuance,
believes the holder to fall within a category
of aliens who can be admitted under the
State’s laws. Entry is still subject to
meeting criteria for the grant of an entry
permit on arrival
Definition
7
Admission
The permission granted
to a person to enter a
State by the public
authorities of that
State in accordance
with its national laws
Definition
8
Visa Validity
Visa validity is not the
same as period of
allowed stay especially
for temporary visitors.
9
Visa Extension
Extension of visa status. This
allows
applicants
to
maintain their visa status
for longer periods, which
allows them to stay in a
country for a longer period
of time, if admitted by the
authority. Applicants need
to pay visa extension fees.
Definition
10
Visa Extension
FOR OVERSTAYING
ALIENS
1. Main Office
2. District Offices
3. Extension Offices
4. For short overstay
– at the port of EXIT
before departure
11
Visa Conversion
Normally, temporary visitor’s visas maybe
converted into other visas. From nonimmigrant to immigrant visa.
VisaUpdate/Downgrade
Visas must always be updated. They can only
stay within the allowed period. An immigrant
visa, special visa, or working visa may be
downgraded to a temporary visitor’s visa.
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LONG-STAY VISA
EXTENSION
► An
alien may apply for a LONG-STAY VISA
EXTENSION (LSVE)
► The LSVE is valid for SIX MONTHS
► Fees will be that of regular six-month
individual extensions
13
Aliens with Derogatory
Records
NOT ALLOWED
TO EXTEND
TEMPORARY
VISITOR’S VISA
14
For Long-Staying Aliens
Temporary visitors who stay
in the Philippines for more
than six (6) months need
to secure an EMIGRATION
CLEARANCE CERTIFICATE
(ECC) before departure.
This is a formal document
required by the Philippine
Immigration Act of 1940.
The ECC cannot be
secured at the port of exit.
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Philippine Immigration Act of 1940
NONIMMIGRANT
► Sec.
9. Aliens departing from any place
outside the Philippines, who are otherwise
admissible and who qualify within one of
the following categories, may be admitted
as nonimmigrants:
Sec. 9 (a). A temporary visitor coming for
business or for pleasure or for reasons of
health;
Arriving Foreigner
-
Sec. 30, PIA. Any alien
seeking admission into the
Philippines
may
be
required to testify under
oath on matters relating to
his
admissibility.
The
burden of proof shall be
upon
such
alien
to
establish that he is not
subject to exclusion under
any provision of the
immigration laws.
The Philippine Visa
The Philippine Visa
The Philippine Visa
The Philippine Visa
ACR I-Card
TEMPORARY VISITOR
Sec. 9 (a), PIA of 1940
Coming for BUSINESS, PLEASURE, OR FOR REASONS
OF HEALTH.
a. Must present a valid return/onward ticket.
b. Passport must be valid for at least six (6) months.
TEMPORARY
VISITOR
SIX (6) MONTHS VALIDITY OF PASSPORTS
(M.O. NO. RADJR NO. 013)
1.
2.
REFUSED entry if less than 6 months
EXEMPTIONS:
a.
b.
c.
d.
Philippine passports holders
Former Filipinos and their dependents (immediate family)
PR and other special categories requiring temporary residence (with
valid ACR I-Card)
Holders of DIPLOMATIC, OFFICIAL, GOV’T PASSPORTS
TEMPORARY VISITOR
SIX (6) MONTHS VALIDITY OF PASSPORTS
(M.O. NO. RADJR NO. 013)
EXEMPTIONS
e. HOLDERS of visas under Sec. 9, EXCEPT 9 (a), Sec.
47, special non-immigrant visas under special
laws, when validity of such visas extend beyond
the expiration of their passports and there is
Embassy or Consulate in the Philippines of which
they are a citizen or subject (with valid ACR I-Card
where applicable)
f. For HUMANITARIAN consideration as determined by
the Commissioner
TEMPORARY VISITOR
Revised Guidelines on Emergency Passports
(Memo dtd 02 April 2013)
TV holding emergency passports shall be
allowed entry into the PH WITHOUT VISA for
non-visa required nationals, provided that:
the passport shall be valid for at least 6
months
A valid return or onward ticket is presented
1.
2.
TEMPORARY VISITOR
ENTRY VISA REQUIREMENT APPLIES FOR HOLDERS OF:
(RADJr Memo dtd 02 April 2013)
1.
2.
3.
4.
5.
Document of Identity
Certificate of Identity
Titre de Voyage
Laissez Passer
Emergency Travel Document
TEMPORARY VISITOR
TEMPORARY VISITOR
TEMPORARY VISITOR
ASEAN MEMBER COUNTRIES (FSC No. 21-10)
Brunei, Cambodia, Indonesia, Myanmar,
Malaysia, Singapore, Thailand, Vietnam
Admission: E.O. 408 (21 days)
Laos PDR
Admission: 9 (a) 30 days
Nationals of BRAZIL and ISRAEL
Admission: 9 (a) 59 days
TEMPORARY VISITOR
THE BALIKBAYAN PRIVILEGE
(FSC 22-10)
Nationals of countries who fall under E.O. 408 and are family members
(spouse and children holding foreign passports) of a Balikbayan
(returning Filipino Citizen or former Filipino citizen) are entitled to a
visa-free entry to the Philippines for a maximum stay of 1 YEAR from
the date of their arrival in the Philippines under the BALIKBAYAN
PROGRAM. They shall be admitted as BB on condition that they
travel with (1) with a Balikbayan and (2) observe and comply with
immigration rules.
TEMPORARY VISITOR
THE APEC BUSINESS TRAVEL CARD
APEC Member Economies fully participating in the
scheme include Australia, Brunei Darussalam,
Chile, China, Hong Kong (China), Indonesia,
Japan, Korea, Malaysia, Mexico, New Zealand,
Papua New Guinea, Peru, Philippines, Singapore,
Chinese Taipei, Thailand, and Viet Nam. Preclearance required. Pre-clearance is obtained by
an applicant for the ABTC from other
participating APEC economies and serves as an
entry visa into the territories of the latter.
TEMPORARY VISITOR
ADMISSION : ABTC/APEC 9 (a) 60 DAYS
Visa Required Nationals
for update
Stateless Persons
China
Afghanistan
Algeria
Egypt
Iran
Iraq
Jordan
Lebanon
Libya
Pakistan
Palestine
Sudan
Syria
Yemen
East Timor
DPRK
Nigeria
Sri Lanka
India
Azerbaijan
FSC No. 22-10
Visa Required Nationals
FSC No. 22-10
for update
Bangladesh
Kazakhstan
Kyrgyzstan
Tajikistan
Turkmenistan
Uzbekistan
Albania
Armenia
Belarus
Belize
Bosnia-Herzegovina
Croatia
Cuba
FYROM
Georgia
Nauru
Moldova
Montenegro
Serbia
Sierra Leone
Visa Required Nationals
FSC No. 22-10
for update
Tonga
Ukraine
Holders of:
Taipei PP
HK DI and CI
Malaysian CI
Brunei Int’l CI
Exceptions
AJACS – Mainland Chinese
(7 days) (MCL 09-006)
AJACSSUK – Indian
(14 days-NAIA) (MC No. RADJr.-12-008)
Macau-Portuguese (7 days)
HK SAR (14days)
Macau SAR (7 days)
BNO (7 days)
TRANSIT PASSENGER(MC No.
RADJR-12-018)
► Sec.
1.
2.
3.
4.
9 (b). A person in transit to a destination
outside the Philippines.
GUIDELINES
FSC No. 20-12 dtd 02-20-12- transit visa issued
only to visa required nationals
Non-visa-required nationals, no transit visa
needed
For No. 2, airlines must submit advance copy of
transit passenger manifest
For visa-required nationals w/o 9 (b) visas, under
airline custody, must remain inside passenger
terminal
TRANSIT PASSENGER(MC No.
RADJR-12-018)
GUIDELINES
5. Transit passenger with 9 (b) visa, allowed
a period of stay for not more than 72 hours
or a maximum of 3 days provided:
a. In possession of a passport valid for at
least 6 months
b. Confirmed onward ticket
c. Valid visa for the original country of
destination, when required
TEMPORARY VISITOR
► Sec.
9 (c). A seaman serving as such on a
vessel arriving at a port of the Philippines
and seeking to enter temporarily and
solely in the pursuit of his calling as a
seaman.
TEMPORARY VISITOR
Sec. 9 (d). Alien businessman. - An alien
entitled to enter the Philippines under and
in pursuance of the provisions of a treaty
of commerce and navigation (…)
TREATY TRADER
Admission: 9 (d)
Should present ACR ICard with valid SRC with
implementation of the visa
TEMPORARY VISITOR
► Sec.
9 (e). An accredited official of a
foreign government recognized by the
Government of the Philippines, his family,
attendants, servants, and employees.
Admission: 9 (e) refer to FSC 21-10
Non-immigrant visa issued to accredited foreign gov’t officials,
holders of diplomatic, official, and service passports
TEMPORARY VISITOR
Sec. 9 ( f ). STUDENT.
18 YO
INTENDS TO TAKE UP COURSE HIGHER THAN HS
SELECTED SCHOOL MUST BE ACCREDITED
WITH SUFFICIENT MEANS TO SUPPORT
EDUCATION IN THE PH
Admission: 9 (f)
Required to present a valid ACR I-Card with valid SRC. Sec. 9 (f) visa
must be implemented in the passport
TEMPORARY VISITOR
Sec. 9 (g) Prearranged employment. -
COMMERCIAL
MISSIONARY
9 (g) Commercial – working visa to enable an employer in the
Philippines to employ a foreign national with skills, qualifications and
experience which may not be available or in short supply in the PH.
► 9 (g) Missionary – non-immigrants holding the necessary visa under
this category are no longer required to get an alien employment
permit, but need to show bona-fide membership in an educational or
religious organization in the PH.
Admission: 9 (g)
Required to present valid ACR I-Card with valid SRC, as well as valid
implementation on the passport
►
TEMPORARY VISITOR
1.
FOREIGN PERSONNEL OF REGIONAL OR
AREA HQ OF MULTINATIONAL COMPANIES
(EO 226)
Admitted under: R.A. 8756
(with valid implementation)
1.
FOREIGN PERSONNEL OF OFFSHORE
BANKING UNIT.
Admitted under: P.D. 1034
(with valid implementation)
IMMIGRANT (Sec. 13, PIA)
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.
Admission: Sec. 13
Note: Must present valid ACR I-Card with valid Re-entry Permit
IMMIGRANT
Sec. 13 (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.
Admission: 13 (a)
Note: To present valid ACR I-Card with valid RP
IMMIGRANT
Sec. 13 (b).
A child of alien parents born
during the temporary visit abroad of the mother,
the mother having been previously lawfully
admitted into the Philippines for permanent
residence, if the child is accompanying or
coming to join a parent and applies for
admission within five years from the date of its
birth.
Admission: 13 (b)
Note: To present valid ACR I-Card with valid RP
IMMIGRATION
Sec. 13 (c). A child born subsequent to the
issuance of the immigration visa of the
accompanying parent, the visa not having
expired.
Admission: 13 (c)
Note: To present valid ACR I-Card with valid RP.
IMMIGRANT
Sec. 13 (d). A woman who was a citizen of the
Philippines and who lost her citizenship because
of her marriage to an alien or by reason of the
loss of Philippine citizenship by her husband, and
her unmarried child under twenty- one years of
age, if accompanying or following to join her.
Admission: 13 (d)
Note: To present valid ACR I-Card with valid RP
IMMIGRANT
Sec. 13 (e). A person previously lawfully
admitted into the Philippines for permanent
residence, who is returning from a temporary
visit abroad to an unrelinquished residence in
the Philippines.
Admission: 13 (e)
Note: To present valid ACR I-Card with valid RP
Must possess the 13 (e) visa/change status to 13 (e)
[Immigration Regulation Instruction No. 37]
IMMIGRANT
Sec. 13 (g). 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 for purposes of
entering the Philippines.
Admission: 13 (g)
Note: To present valid ACR I-Card with valid RP
IMMIGRANT
NATIVE BORN PERMANENT
A foreign national born in the Philippines of parents who are lawfully
and permanently residing in the country at the time of his/her birth
is considered as native-born resident. His birth shall be considered
lawful admission for permanent residence, unless such foreign
national 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 necessary for the parents to prove
their lawful and permanent residence in the Philippines by
presenting their respective ACR I-Card or ACRs and ICRs.
Admission: NBP
Note: Must present valid ACR I-Card with valid RP
IMMIGRANT
REPUBLIC ACT NO. 7919
An act granting legal residence status to
aliens through a Social Integration
Program in the Philippines whose stay in
the country is illegal and had entered the
country prior to June 30, 1992.
Admission: RA 7919
Note: To present valid ACR I-Card with valid RP
IMMIGRANT
TEMPORARY RESIDENT VISA
Resident status granted to a foreign national
married to a Filipino and whose country has
no reciprocity agreement with the Philippines
in granting permanent residence and
immigration privileges to Filipinos.
Admission: TRV
Note: To present valid ACR I-Card with valid RP
IMMIGRANT
R.A. 7837 FILIPINO VETERANS
An Act granting permanent resident status,
other rights and privileges to Filipino veterans
of WWII who acquired American citizenship
under the US Immigration Act of 1990, or for
other purposes.
Admission: RA 7837
Must present valid paper-based RP. ACR I-Card not required.
Exempt from immigration fees.
SPECIAL VISAS
Admission: SRRV
Note: Must present valid stickertype visa and PRA ID card. Exempt
from fees. Multiple entry/exit
privileges.
SPECIAL VISAS
SPECIAL INVESTOR’S RESIDENT VISA
Admission: SIRV
Note: Valid sticker-type visa and valid BOI ID.
Exempt from fees. Multiple E/E privileges.
SUBIC SPECIAL INVESTOR’S RESIDENT VISA
(RA 7227)
Admission: SSIRV
Note: Sticker-type visa on the passport. Exempt from immigration fees. Multiple E/E
privileges.
SPECIAL VISAS
SUBIC SPECIAL WORKING VISA
Admission: SSWV
Note: Sticker-type visa, multiple E/E privileges,
exempt from immigration fees.
SUBIC SPECIAL RETIREE’S VISA (RA 7227)
Admission: SSRV
Note: Sticker-type visa, multiple E/E privileges,
exempt from immigration fees.
SPECIAL VISAS
SPECIAL CLARK INVESTOR’S VISA
SPECIAL CLARK WORKING VISA
(RA 7227)
Admission: SCIV/SCWV
Note: Valid visa, multiple E/E privileges, exempt
from immigration fees.
CAGAYAN WORKING VISA
Admission: CWV
Note: Sticker-type visa, multiple E/E privileges,
exempt from immigration fees.
SPECIAL NONIMMIGRANT VISA
47 (a) (2)
Admission: 47 (a) (2)
Under Sec. 47 (a) (2) of the PIA, the President is allowed,
when public interest warrants, to issue such a visa to the
conditions he may prescribe. The SOJ act in behalf of the
President.
SVEG
Special Visa for
Employment Generation
►
The SVEG is a special non-immigrant
visa issued to a foreigner who shall
employ at least ten (10) Filipinos in
a lawful and sustainable enterprise,
trade or industry in the Philippines.
The foreign national shall actually,
directly and exclusively engage in a
viable and sustainable investment in
the
Philippines
and
perform
management acts or the authority to
hire,
promote
and
dismiss
employees therein.
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Removal/Exclusion Order – A written order
served by a State on the operator on whose
flight an inadmissible person travelled into
that State, directing the operator to
remove that person from its territory.
Definition
EXCLUSION
EXCLUDED CLASSES
Sec. 29. (a) The following classes of aliens shall be
excluded from entry into the Philippines:
(1) Idiots or insane persons and persons who have been
insane;
(2) Persons afflicted with communicable disease
(3) Persons who have been convicted of a crime involving
moral turpitude;
(4) Prostitutes, or procurers, or persons coming for any
immoral purposes;
(5) Persons likely to become, public charge;
(6) Paupers, vagrants, and beggars;
63
►
(8) Persons who believe in or advocate the overthrow by
force and violence of the Government of the Philippines,
or of constituted lawful authority, or who disbelieve in or
are opposed to organized government, or who advocate
the assault or assassination of public officials because
of their office, or who advocate or teach principles,
theories, or ideas contrary to the Constitution of the
Philippines or advocate or teach the unlawful
destruction of property, or who are members of or
affiliated with any organization entertaining or teaching
such doctrines;
EXCLUSION
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EXCLUSION
(10) Persons who are members of a family accompanying
an excluded alien
(11) Persons accompanying an excluded person
(12) Children under fifteen years of age, unaccompanied by
or not coming to a parent, except that any such children
may be admitted in the discretion of the Commissioner
of Immigration, if otherwise admissible;
(13) Stowaways
(14) Persons coming to perform unskilled manual labor
(15) Persons who have been excluded or deported from the
Philippines
(17) Persons not properly documented
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www.immigration.gov.ph
PATRIOTISM • INTEGRITY • PROFESSIONALISM
66
THANK YOU!
PATRIOTISM • INTEGRITY • PROFESSIONALISM
67