VISA POLICIES BUREAU OF IMMIGRATION 2013 1 BY

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 Anti-Trafficking 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 6

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 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. Visa. Update/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. 12

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. 15

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

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 2. A valid return or onward ticket is presented 1.

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 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 (14 days) 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. 61

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 64

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 65

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