Philippines Insider" The Ultimate Philippines Travel Guide for Tourists and Expats

Author Topic: New Visa processing for 2008  (Read 3939 times)

  • Guest
New Visa processing for 2008
« on: January 25, 2008, 11:00:17 AM »
This is an edited version of the circular from Commissioner MARCELINO C. LIBANAN. It affects EVERYONE who is planning or needing to:

Apply for section 13 visa
Apply for extension to the 21 day Tourist Visa



Note: Forum Members can find the New checklist of document requirements, New General Application form, New 21 day Tourist Visa extension form and more in the \'Visa\'s and Residence Board\'



MEMORANDUM CIRCULAR  NO. MCL--07--005
Series of 2007
PRESCRIBING THE RULES AND PROCEDURES IN THE PROCESSING OF APPLICATIONS FOR, AND ISSUANCE OF VISA, CHANGE OF IMMIGRATION STATUS, VISA EXTENSION AND OTHER SPECIAL PERMITS BEFORE THE BUREAU OF IMMIGRATION (BI)
______________________________________________________

PURSUANT TO SECTION 3, of Commonwealth Act No. 613, otherwise known as the “Philippine Immigration Act of 1940,” as amended, in relation to Sections 29 and 36, Chapter 6, Book IV, Title III, of Executive Order No. 292, otherwise known as the “Administrative Code of 1987,” the following rules and procedures are hereby ordered promulgated, thus:

PART I

GENERAL PROVISIONS

Section 1.    Short Title. – These procedures shall be known and cited as the “New Rules and Procedures for VIMS (VISA ISSUANCE MADE SIMPLE)” of the Bureau of Immigration.

   Section 2. Scope. – These procedures shall govern the processing of applications for, and the issuance of visa, change of immigration status, visa extension, as well as similar proceedings for cancellation of alien registry, recognition as Filipino citizen, and for other special permits, before the Office of the Commissioner, the Board of the Commissioners, and other administrative and operating units of the Bureau of Immigration.

   Section 3. Construction. – These procedures shall be construed liberally in favor of speedy and inexpensive determination of the merit of every application; Provided, that, in no case shall the requirements of national sovereignty, internal security, national economy and family solidarity be compromised; Provided, furthermore, that, nothing in this Rules shall prevent the Commissioner of Immigration or the Board of Commissioners from suspending the application of these rules and instead adopt such fair and reasonable procedures, whenever any particular matter demands such extra-ordinary application, without however dispensing with the requirements of due process.

PART II

DOCUMENTARY REQUIREMENTS

   Section 4. Documentary Requirements. – All applications shall comply with and observe the documentary and procedural requirements enumerated in the accompanying CHECKLIST OF DOCUMENTARY REQUIREMENTS IN THE FILING, PROCESSING, AND EVALUATION OF VISA APPLICATIONS, PETITIONS FOR CHANGE OF IMMIGRATION STATUS, VISA EXTENSIONS AND OTHER SPECIAL PERMITS (ANNEX A) that is made as integral part of this Memorandum Circular.

PART III
PROCEDURE IN THE PROCESSING OF
APPLICATIONS FOR CHANGE OF IMMIGRATION STATUS

Section 5. Common Procedures in the Processing of Applications for Change of Immigration Status and Issuance of Visa. – Except  for applications for change of immigration status from temporary visitor to Student Visa (Section 9f) and Pre-Arranged Employee – Missionary Visa (Section 9g), the following are the common procedures to be observed and complied with in the processing of applications for change of immigration status:

1.   Filing of the General Application Form (BI Form No. MCL-07-01), together with all the documentary requirements enumerated in Annex A as cited in Section 4 hereof, with the Central Receiving Section at Ground Floor, BI Main Building, Intramuros, Manila City, by the applicant, either personally or through his authorized representative chosen from among those accredited by the Bureau;
2.   At the Central Receiving Section, the Processor shall conduct a quick review of the completeness of the documentary requirements in the presence of the filer.  Should his submissions be found deficient, the Processor shall outrightly return the same to the filer advising the latter of the deficiency.  If, on the other hand, the submissions are complete, the processor shall forthwith cause the conduct of a verification check on the applicant’s travel and derogatory records;
3.   In case a derogatory record exists during the conduct of the verification check, the Processor shall advise the filer on the specifics of the said record, as well as the possible courses of action that the filer may take.  Should the verification check yield no derogatory record, the Processor shall advise the filer to wait in queue until he releases the systems-generated Order of Payment Slip (OPS) that contains the particulars of fees and other assessments;
4.   Immediately upon the release of the OPS, the filer shall, within 24 hours from receipt of said OPS, effect payment or cause the payment of the fees and other assessments reflected thereat, with the authorized collecting Officer designated for this purpose;
5.   At the Cashier or duly designated collecting officer, the filer shall ensure that he is issued a systems-generated Official Receipt (OR) evidencing payment of the fees. Said systems-generated OR shall, aside from indicating the particulars of payment, also contain the Notice of Hearing that indicates the particular dates, time, venue and the name of the Hearing Officer;
6.   On the appointed dates of hearing, the applicant shall be required to enrol himself in the Biometric Kiosk designed for the purpose;
7.   Within prescribed period after the last scheduled hearing, the Hearing Officer shall evaluate the merits of the application and forthwith prepare his recommendation for the appreciation and deliberation before the Board of Commissioners;
8.   Depending on the result of the BOC deliberations, the following systems-triggered actions shall follow: (a) updating of records; (b) preparation of Notice of BOC Action; (c) systems-generation of OPS for visa implementation fees and other assessments;
9.   Transmittal of the systems-generated Notice of BOC Action, together with the OPS for visa implementation fees and other assessments if the application is acted favorably, to the applicant through BI-accredited courier;
10.   Payment to the Cashier or BI-authorized agent banks (AAB)of the visa implementation fees and other assessments, and issuance by the Cashier of Official Receipt (OR) or in case of payments made through the BI-AAB, the machine-validated deposit slip;
11.   Presentation of the Official Receipt or machine-validated deposit slip and submission of passport before the Executive Director or duly designated Implementing Officer for the implementation of the BOC decision as well as the issuance of the appropriate visa or special permit; and
12.   At the option of the applicant, he may transmit to the Office of the Executive Director of the Bureau his passport and the machine-validated deposit slip through the BI-accredited courier.





PART IV

PROCEDURES IN THE PROCESSING OF
APPLICATIONS FOR VISA EXTENSION
 
Section 8. Common Procedures in the Processing of Applications for Visa Extension under Sections 13a in relation to LOI#33, Section 9d, Section 9g (Commercial) and Section 9g (Missionary). – Applications for extension of visa under Section 13a, 9d, and 9g (Commercial and Missionary) shall observe the following procedures, to wit:

1.   Receiving of application with complete documentary requirements;
2.   Verification of travel and derogatory records, assessment of filing, implementation and other fees and generation of Order of Payment Slip;
3.   Releasing of OPS to applicant;
4.   Payment to collecting officer and issuance of Official receipt;
5.   Generation of Order of extension and approval of the Commissioner;
6.   Updating of records;
7.   Visa implementation and release; and
8.   Document archiving.
               
Section 9. Procedures in the Processing of Applications for Extension of Visitor’s Visa Under Section 9a. – Applications for visitor’s visa under Section 9a shall observe the following procedures, to wit:

1.   Receiving of application with complete documentary requirements;
2.   Verification of travel and derogatory records, assessment of filing, implementation and other fees and generation of Order of Payment Slip;
3.   Releasing of OPS to applicant;
4.   Payment to collecting officer and issuance of Official receipt;
5.   Approval of Extension;
6.   Updating of records, visa implementation and document archiving; and
7.   Release of Passport.


PART  VI
VISA IMPLEMENTATION AND REGISTRATION
   
Section 17.   Mandatory Implementation and Registration. – It shall be mandatory upon the Executive Director and the Chief, Alien Registration Division, to implement without delay the BOC-approved visa change of status or extensions thereof, as well as correspondingly effect the registration of alien without requiring further submission of any documents that may have already been passed upon by the Hearing Officer. Only those that are necessarily essential in implementing said BOC approval and/or the effective registration of the subject alien may be required.





PART VII
OTHER PROVISIONS

   Section 18. Additional Guidelines. – The Commissioner may issue supplemental guidelines whenever warranted aimed at furthering the ends of this Circular; provided, that, any substantial alteration or deviation from the material provisions of this Memorandum Circular shall need the approval of the Secretary of Justice.

   Section 19. Commissioner of Immigration Acting for the Board of Commissioners. – Matters that need purely administrative or executive actions of the Board of Commissioners, may, whenever urgency and immediate action require, be delegated to the Commissioner of Immigration.

   Section 20.  Supercession Clause.  - All circulars, orders, instructions or other issuances of the Department of Justice and the Bureau of Immigration that may be inconsistent herewith are deemed repealed, amended, and/or modified accordingly.

   Section 21. Separability Clause. - Whenever competent authorities declare portions of this Memorandum Circular to be unconstitutional or devoid of legal basis, all other parts or portions hereof not otherwise effectively curtailed or affected shall remain valid.

Section 22.  Effectivity. – This Memorandum Circular shall become effective immediately upon its publication in newspaper of general circulation.

Let copies of this Memorandum Circular be filed with the Office of National Administrative Register (ONAR) at the UP Law Center, UP Complex, Diliman, Quezon City.

DONE this ____th day of December 2007, in the City of Manila.

                 MARCELINO C. LIBANAN
                           Commissioner

APPROVED.



RAUL M. GONZALEZ
Secretary of Justice

Offline fred

  • Sr Member +
  • Sr Member
  • ****
  • Posts: 931
Re: New Visa processing for 2008
« Reply #1 on: February 03, 2008, 01:42:05 PM »
So are the differences in the requirements?

  • Guest
Re: New Visa processing for 2008
« Reply #2 on: February 03, 2008, 01:54:16 PM »
So are the differences in the requirements?


Fred,

The procedures as detailed here have changed, so you need to read this through. The biggest changes are to the requirements & they are detailed along with the new forms in the \'Visa & residence board\".

Offline fred

  • Sr Member +
  • Sr Member
  • ****
  • Posts: 931
Re: New Visa processing for 2008
« Reply #3 on: February 03, 2008, 02:00:46 PM »
OK. Thanks.

Are these changes only for those of us that may be applying in the R.P?
Cant seem to find these changes on the Phil embassy website (UK)..
Perhaps they are just slow...as usual.

Fred.