Nonimmigrant
Visa
Section 9 of the Philippine Immigration Act provides
for the admission of aliens as nonimmigrants under the following
categories:
- Temporary
Visitor’s Visa [9(a) Visa]- A temporary
visitor coming for business or for pleasure or for reasons of
health;
- Transient’s
Visa [9(b) Visa]-
A person in transit to a destination outside the Philippines;
- Seaman’s
Visa [9(c) Visa]- 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;
- Treaty
Trader/Investor Visa [9(d) Visa]- An alien entitled to
enter the Philippines under and in pursuant of the provisions of
a treaty of commerce and navigation (1) solely to carry on
substantial trade principally between the Philippines and the
foreign state of which he is a national or (2) solely to develop
and direct the operations of an enterprise in which, in
accordance with the Constitution and the laws of the
Philippines, he has invested or of an enterprise in which he is
actively in the process of investing, a substantial amount of
capital; and his wife, and his unmarried children under
twenty-one years of age, if accompanying or following to join
him, subject to the condition that citizens of the Philippines
are accorded like privileges in the foreign state of which such
alien is a national;
- Diplomatic
Visa [9(e) Visa]- An accredited official of a foreign government recognized by
the Government of the Philippines, his family, attendants,
servants, and employees;
- Student
Visa [9(f) Visa]- A student, having means sufficient for his education and
support in the Philippines, who is at least fifteen years of age
and who seeks to enter 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 Commissioner of
Immigration; and
-
Pre-arranged Employment Visa - An alien
coming to pre-arranged employment, for whom the issuance of a
visa has been authorized in accordance with section twenty of
this Act, and his wife and his unmarried children under
twenty-one years of age, if accompanying him or if following to
join him within a period of six months from the date of his
admission into the Philippines as a nonimmigrant under this
paragraph.
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Special Nonimmigrant Visa under Section 47(a)(2)
The Special Nonimmigrant Visa is granted under
Section 47(a)(2) of the Philippine Immigration Act which allows the
President, when public interest warrants, to issue such visa subject
to conditions he may prescribed.
The President, acting through the appropriate
government agencies, has exercised this authority to allow the entry
of foreign personnel in the following areas:
- Oil
drilling companies
- Philippine
Economic Zone Authority Registered Enterprises
- Board of
Investment Registered Enterprises
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Multiple Entry Special Visa
The most convenient of the employment visas is
the multiple entry special visa which may be issued to the
following:
- Foreign
Personnel of Offshore Banking Units under Presidential Decree
1034, Section 7 - Foreign personnel of
Offshore Banking Units of foreign banks duly licensed by the
Bangko Sentral ng Pilipinas (Central Bank of the Philippines) to
operate as such may be issued a multiple entry special visa.
Likewise, their respective spouses and minor dependents under
twenty-one (21) years of age, who are coming or following to
join them after their admission, shall be issued a multiple
entry special visa. A multiple entry special visa is valid for
one year and which may be extended upon legal and meritorious
grounds.
- Foreign
Personnel of Regional or Area Headquarters of Multinational
Companies under Executive Order 226, Book III, 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 nonimmigrants shall be issued a multiple
entry special visa. Such visa shall be valid for one year unless
extended upon legal and meritorious grounds by the Commissioner
of Immigration.
The holder of this special visa is exempt from
immigration registration and fees, and from securing clearances from
any agency of the government except a tax clearance, prior to final
departure.
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There are five (5) instances when a Special
Resident Visa maybe issued, as provided under the following laws:
- Special
Investors Resident Visa under Executive Order 226 or the Omnibus
Investment Code of 1987 -
Any alien, except nationals coming
from North Korea and Cambodia and such other countries as may be
classified as "Restricted" in the future, who meets the
following requirements may be issued the Special Investors
Resident Visa:
- The alien must not have been
convicted of a crime involving moral turpitude;
- He must not be afflicted with any
loathsome, dangerous or contagious disease;
- He must not have been
institutionalized for any mental disorder or disability;
- He is willing and able to invest
the amount of at least US$75,000.00 in the Philippines. For
purposes of compliance with this particular condition, he
should prove that he has remitted such amount in acceptable
foreign currency to the Philippines.
-
Special
Investors Resident Visa in Tourist-Related Projects and Tourist
Establishments under Executive Order 63 -
Any alien who invests the amount of
US$50,000.00 in a tourist-related project or in any tourist
establishment shall be entitled to the benefits and incentives
granted under Executive Order 63. As a benefit or incentive to
the investor, he may apply for a Special Investors Resident
Visa.
Foreign nationals and/or dependents
classified as "Restricted" by the Department of Foreign Affairs
and the Bureau of Immigration are excluded from the coverage of
Executive Order 63.
-
Special
Investor Retiree Visa under Executive Order 1037 or the
Philippine Retirement Authority - The
Special Resident Retiree’s Visa entitles the holder to
multiple-entry privileges with the right to permanent residence
in the Philippines. The Special Resident Retiree’s Visa is
issued by the Bureau of Immigration of the Philippines under the
Retirement Program of the Philippine Retirement Authority for
foreigners and expatriate/overseas-based Filipinos.The Special
Resident Retiree’s Visa entitles the holder to multiple-entry
privileges with the right to permanent residence in the
Philippines. The Special Resident Retiree’s Visa is issued by
the Bureau of Immigration of the Philippines under the
Retirement Program of the Philippine Retirement Authority for
foreigners and expatriate/overseas-based Filipinos.
-
Subic
Special Investor’s Visa under Republic Act 7227 or the Bases
Conversion and Development Act of 1992 -
The Subic Special Investors Visa
entitles a qualified investor, as well as his spouse and
dependent children under 21 years of age, to a resident status
which allows him an indefinite stay in the Subic Bay Freeport
Zone and multiple entry into the Philippine without need of
obtaining the appropriate Re-entry Visa, Special Return
Certificate, and Emigration Clearance Certificate from the
Bureau of Immigration.
An Investor is qualified for the Subic
Special Investors Visa when he has made and continues to
maintain an investment of not less than US$250,000.00 within the
Subic Bay Freeport Zone. Investors may allocate equivalent units
for their investments to the foreign nationals assigned to work
for their companies. The investments may be in the form of:
- A Subic Bay Freeport enterprise
or other direct investment, within the Subic Bay Freeport
Zone;
- A cash grant or interest-free
loan to the Subic Bay Metropolitan Authority or to a Subic
Bay Freeport Enterprise for the purpose of making the
capital improvements by the recipient in the Subic Bay
Freeport;
- A purchase or real estate in the
Subic Bay Freeport or of a Subic Bay Freeport Enterprise for
the purpose of renovation, construction, or expansion of
buildings, equipment, structures, or appurtenances for
capital improvement purposes; or
- A donation in kind to the Subic
Bay Metropolitan Authority or a Subic Bay Freeport
Enterprise of equipment or material for capital improvement
purposes;
-
Subic
Special Retiree’s Visa under Republic Act 7227 or the Bases
Conversion and Development Act of 1992 -
The Subic Bay Metropolitan Authority
may issue permanent residency visas to any foreign national who
is a retired person and his or her spouse and dependent children
under 21 years of age, for residence in Subic Bay Freeport.
The applicant must comply with the
following requirements:
- he must be at least 60 years of
age who can demonstrate to the satisfaction of Subic Bay
Metropolitan Authority that he or she is of good moral
character;
- has not been convicted of any
crime involving moral turpitude;
- no longer employed or self
employed; and
- who receives a pension or passive
income that is payable in Subic Bay Freeport and exceeds
US$50,000.00 per year.
The permanent residency visa of the
retiree automatically terminates upon the taking of residence by
the retiree outside the Subic Bay Freeport, or the acceptance by
the retired person or his or her spouse of work for compensation
within Subic Bay Freeport or anywhere within the Philippines
without the approval of the Subic Bay Freeport.
The residency visa of the spouse of
the retiree automatically terminates upon the death of the
person to whom the residency visa was granted, or upon their
divorce, unless he or she makes application for and receives a
residency visa from the Subic Bay Metropolitan Authority. The
Subic Bay Metropolitan Authority may summarily or after hearing
revoke the residency visa of any retiree, his/her spouse or
child for violation by these persons of any Philippine law or
regulation or the terms and conditions for the issuance of the
visa.
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Other Nonimmigrant Visas/Permits
- Subic Special Working Visa under Republic
Act 7227 or the Bases Conversion and Development Act of 1992
- Temporary Work Permit under
Republic Act 7227 or the Bases Conversion and Development:Act of
1992
- Special Work Permit under Law
Instruction 2
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Immigrant Visa under Section 13
- Quota Immigrant
- Non-Quota Immigrant
- Wife or Husband or Unmarried Minor
- Children of Philippine Citizens IV - 6
- Child of Alien Parents Born During
Temporary Visit Abroad of Permanent Resident Mother
- Child Born Subsequent to Issuance of
Immigration Visa to Parents
- Filipino Woman who Lost her Philippine
Citizenship By Marriage
- Returning Resident
- Wife or Husband or Unmarried Minor
Children of Permanent Residents
- Returning Natural Born Filipinos who were
Naturalized as Citizens of Foreign Countries
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Other Registrations
- Alien
Certificate of Registration -
Under Administrative Order 01-93,
Alien Certificates of Registration, E Series, are issued to
foreign nationals who apply for initial registration,
fingerprinting, and issuance of an Alien Certificate of
Registration, as required under the Alien Registration Act of
1950.
- The following aliens are required
to register and be finger-printed:
- Any native (Philippine)-born
alien who is 14 years or more and will remain in the
Philippines for 30 days or longer;
- Any alien who is 14 years or more
and who is admitted into the Philippines other that as
temporary visitor (9(a)) or transient (9(b)) and who remains
therein for 30 days or longer;
- Any alien who is 14 years or more
and who is admitted into the Philippines other than as
temporary visitor (9(a)) or transient (9(b)) and who remains
in the Philippines for more than six (6) months;
- Any alien bona fide seaman
entering the Philippines 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; and
- Any alien under orders of
deportation.
- The parent or legal guardian of
any alien child who is below 14 years and who falls under
any of the categories mentioned in paragraphs 1 (a) to (d)
above, is required to register the child, (without need of
fingerprinting) within 30 days after birth if
Philippine-born, 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 and
fingerprinting.
- Any alien admitted into the
Philippines as temporary visitor under 9(a) or transient
under 9(b) and who remains for over 59 days but not more
than six (6) months and who 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 due without undergoing any other formality such as
filling in an application form, picture taking and/or
fingerprinting.
- Accredited officials of a foreign
government recognized by the Republic of the Philippines or
members of their official staff and families are exempt from
registration and fingerprinting. (Alien Registration Act of
1950 (Republic Act 562) as amended, and the implementing
regulations).
- In addition, the following are
likewise required to obtain an Alien Certificate of
Registration:
- International Treaty
Trader/Investor under Section 9(d);
- Student under Section 9(f);
- Pre-arranged Employee under
Section 9(g);
- Quota or non-quota immigrants
under Section 13;
- Special Nonimigrants under
Section 47(a)(2); and
- Special Resident Visa holders.
-
Certificate
of Residence -
Immigrants
The following immigrants are required
to secure an Immigrants Certificate of Residence:
- 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;
- An alien coming from abroad and
admitted either as a quota or non-quota immigrant under the
Philippine Immigrant Act; and
- An alien admitted under a
different immigration category and whose status has been
changed to either quota or non-quota immigration under the
Philippine Immigration Act.
Nonimmigrants
Nonimmigrants, on the other hand, are
issued any of the following:
- Certificate of Residence of
Pre-arranged Employee;
- Certificate of Residence of
Temporary Visitor;
- Certificate of Residence of
Treaty Trader; or
- Certificate of Temporary
Residence of Student.
-
Emigration
Clearance Certificate -An Emigration Clearance
Certificate is issued to aliens permanently or temporarily
residing in the Philippines, who are departing for temporary
sojourn abroad and intend to return to the Philippines.
-
Re-entry
Permit -
-
Special
Return Certificate -
The Special Return Certificate is
issued to an alien nonimmigrant admitted to temporary residence
in the Philippines who is about to depart temporarily from the
Philippines. This document allows the holder to return to the
Philippines with the same admission status as when he departed.
A Special Return Certificate shall be valid for an initial
period of six (6) months, but on good cause shown, it may be
issued with a validity period of one (1) year, provided that in
no case shall its validity exceed the holder’s authorized stay.
The Special Return Certificate shall
be valid for a single entry unless it is expressly stated that
it shall be valid for multiple entries. A Special Return
Certificate fee is assessed on every issuance and/or extension
for a six (6)-month period but with respect to the multiple
Special Return Certificate, the fee is assessed for every
departure.
An application for the Special Return
Certificate is accompanied by an application for the Emigration
Clearance Certificate.
[TOP]
Department of Labor and Employment
- Alien
Employment Permit -
Foreign nationals who are in the
Philippines for purposes of employment must obtain an Alien
Employment Permit from the Department of Labor and Employment.
Executives of regional headquarters
and offshore banking units as well as Treaty Trader Visa holders
are exempt from the Alien Employment Permit requirement.
The principal criterion that the
Department of Labor and Employment applies in evaluating Alien
Employment Permit applications is the availability or
non-availability of a person in the Philippines who is competent
and willing to do the job for which the services of the
applicant are required.
The application is made by filing the
requirements with the Department of Labor and Employment. In
certain cases, an interview with the foreign national and the
Filipino understudies may be required.
-
Alien
Employment Registration Certificate
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