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New Section 13 visa requirements ~ 2008

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Checklist of Documentary Requirements

For Applications for Conversion to Non-Quota Immigrant by Marriage
(Section 13, para. A)



    1. Duly notarized letter of application by the Filipino spouse;
    2. General Application Form duly accomplished and notarized (BI Form No. MCL -07-01);
    3. NSO authenticated copy of Birth certificate of Filipino spouse;
    4. NSO authenticated copy of the Marriage Contract of alien and Filipino spouse or authenticated by the Philippine embassy/consulate nearest to or in the place where the marriage was solemnized;
    5. Bureau of Immigration (BI) Clearance Certificate; and
    6. Plain photocopy of passport of alien spouse showing dates of arrival and authorized stay.






Checklist of Documentary Requirements

For Applicants for Amendment of Probationary Non-Quota Immigrant Visa to Permanent Resident Visa
(Section 13, para. A)



    1. Duly notarized letter request from the petitioner-Filipino spouse;
    2. General Application Form duly accomplished and notarized (BI) Form No. MCL-07-01;
    3. Valid ACR I-Card;
    4. Valid passport of applicant; and
    5. Bureau of Immigration (BI) Clearance Certificate.

:
All,

Below is the new Checklist for document requirements under Section 13, for 2008:



CHECKLIST OF SUPPORTING DOCUMENTS REQUIRED 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)
I. CHANGE OF IMMIGRATION STATUS UNDER PERTINENT PROVISIONS OF COMMONWEALTH ACT NO. 613, AS AMENDED

A.   Quota Immigrant Under Section 13 –

1.   General Application Form duly accomplished and notarized (BI Form No. MCL-07-01);
2.   Plain photocopy of the applicant’s passport showing admission stamp and authorized stay;
3.   Original copy of proof of actual investment in business in the Philippines of at least US$40,000.00 (bank deposits not accepted) or proof of applicant’s  special qualification which has advanced or will advance the Philippine national interest;
4.   Original copy of Medical Certificate issued by the Bureau of Quarantine and International Health Surveillance or a government medical institution with competence to certify that the applicant is not afflicted with any dangerous, contagious or loathsome disease and is mentally fit;
5.   Bureau of Immigration (BI) Clearance Certificate; and
6.   National Intelligence Coordinating Agency (NICA) Clearance.

B.   Non-Quota Immigrant by Marriage Under Section 13(a) –

1.   Duly notarized letter of application by the Filipino spouse;
2.   General Application Form duly accomplished and notarized (BI Form No. MCL-07-01);
3.   NSO authenticated copy of Birth certificate of Filipino spouse;
4.   NSO authenticated copy of the Marriage Contract of alien and Filipino spouse or authenticated by the Philippine embassy/consulate nearest to or in the place where the marriage was solemnized;
5.    Bureau of Immigration (BI) Clearance Certificate; and
6.   Plain photocopy of passport of alien spouse showing dates of arrival and authorized stay.

C.   Child Born Abroad of Immigrant Mother Under Section 13(b) –

1.   Duly notarized letter request by petitioning mother;
2.   General Application Form duly accomplished and notarized (BI Form No. MCL-07-01);
3.   ACR I-CARD of mother;
4.   Birth certificate of child, duly authenticated by the Philippine embassy/ consulate nearest to or in the place of birth, with English translation, if written in other foreign language;
5.   Bureau of Immigration (BI) Clearance Certificate; and
6.   Plain photocopy of mother’s and child’s passport.

D.   Returning Resident Under Section 13(e) –

1.   Duly notarized letter of application with the statement that the applicant intends to reside permanently in the Philippines and justification why the applicant overstayed outside of the Philippines;     
2.   General Application Form duly accomplished and notarized (BI Form No. MCL-07-01);       
3.   Plain photocopy of the applicant’s passport with admission stamp;
4.   Bureau of Immigration (BI) Clearance Certificate; and
5.   ACR I-CARD; NICA Clearance.

If in the application, the applicant is joined by his/her spouse and unmarried minor children:

1.   Plain photocopy Passport of dependent; and
2.   Plain photocopy ACR I-CARD of dependent/s.     

E.   Returning Former Filipino Citizen Under Section 13(g) –

1.   Duly notarized letter of application;
2.   General Application Form duly accomplished and notarized (BI Form No. MCL-07-01);
3.   NSO authenticated copy of birth certificate of  the applicant;
4.   Bureau of Immigration (BI) Clearance Certificate; and
5.   Plain photocopy of passport, with English translation if written in other foreign language by the Phil. Embassy / consulate nearest to or in the place where the passport was issued.

If in the application, the applicant is joined by his/her spouse and unmarried minor children:

1.   Copy of marriage contract of applicant and spouse, duly authenticated by the Philippine embassy/consulate nearest to or in the place where the marriage was solemnized, with English translation, if written in other foreign language;
2.   Copy of birth certificate of minor unmarried children, duly authenticated by the Philippine embassy/consulate nearest to or in the place where the marriage was solemnized, with English translation, if written in other foreign language; and
3.   Plain photocopies of their respective passports.

F.   Temporary Resident’s Visa Under Section 13(a), in relation to Law Instruction No. 33 –

1.   Duly notarized letter of application by petitioning Filipino spouse;
2.   General Application Form duly accomplished by the foreign spouse and notarized (BI Form No. MCL-07-01);
3.   NSO authenticated copy of birth certificate of Filipino spouse;
4.   NSO authenticated copy of the Marriage Contract of the alien and Filipino  spouse, or if solemnized abroad, Marriage Contract authenticated by the Philippine embassy/consulate in or nearest the place where marriage was solemnized, with English translation if written in other foreign language;
5.   Bureau of Immigration (BI) Clearance Certificate; and
6.   Plain photocopy of passport/s of alien spouse and/or children showing dates of arrival and authorized stay.



II.
VISA EXTENSION UNDER PERTINENT PROVISIONS OF
COMMONWEALTH ACT NO. 613, AS AMENDED

A.   Temporary Resident’s Visa- Under Section 13(a)-

7.   Duly notarized letter request from the petitioner-Filipino spouse;
8.   General application form duly accomplished and notarized (BI Form No. MCL-07-01);
9.   Valid ACR-I-Card;
10.   Valid passport of applicant; and
11.   Bureau of Immigration (BI) Clearance Certificate.

Flt Simulation:

--- Quote from: uzicom on January 25, 2008, 11:19:57 AM ---
QUOTE: Below is the new Checklist for document requirements under Section 13, for 2008:
___________________________________________________

Immigrant by Marriage Under Section 13(a)

1.  Duly notarized letter of application by the Filipino spouse

2.  General Application Form duly accomplished and notarized (BI Form No. MCL-07-01)

3.  NSO authenticated copy of Birth certificate of Filipino spouse

4.  NSO authenticated copy of the Marriage Contract of alien and Filipino spouse or authenticated by the Philippine embassy/consulate nearest to or in the place where the marriage was solemnized

5.  Bureau of Immigration (BI) Clearance Certificate

6.  Plain photocopy of passport of alien spouse showing dates of arrival and authorized stay


--- End quote ---


I am a little confused here. Take the case of a foriegner marrying a Filipina here in the PI ... No childeren involved.

Since you now are eligigible to apply for a 13a (Change of Status from Temporary Visitor to Non Quota Immigrant by Marriage)

Before, to apply for a 13a, you also needed:

1.  Certificate of Legal Capacity to Contract Marriage (Issued by the Embassy of the Alien spouse prior to your marriage)

2.  Joint Affidavit of Legal Capacity to Contract Marriage (Notorized and signed, stating any previous marriage and the manner by which the marriage was dissolved)

3.  Joint Affidavit of Financial Capacity and Support (Notarized and signed. Executed by the Alien and the Filipina spouse with supporting documents showing capacity to support themselves)

4.  NBI Clearance (Of the Alien)

5.  Barangay Clearance (Obtained fom the Barangay Captain in the area you are residing in)

6.  Medical Certificate from the Bureau of Quarantine (That the Alien and unmarried children are not afflicted with any contagious, dangerous and loathsome disease)


Are these documents I listed above not required anymore to get your 13a visa?

Thank\'s :)

:
That is the general understanding yes. I have not heard from anyone yet who has been to Manila or Cebu who says otherwise. Certainly makes sense for them to drop the Barangay, Police & NBI clearance as the BI clearance will through up if you have anything against you on file. The items 1 & 2 are a nonsense as you have already got a marriage certificate which is NSO certified. So really there is only the Quarantine & financial side. Have copies of bank statements showing you have savings ( showed I had 1000 pounds in UK & same here & was enough) & Dept of Quarantine is close to Manila & Cebu BI if needed.

Flt Simulation:
Thank\'s Kieth ...

Your right, it makes no sense to need the \"Certificate of Legal Capacity to Contract Marriage\" and the \"Joint Affidavit of Legal Capacity to Contract Marriage\" since you are already legally married in the PI prior to application of the 13a.

The \"NBI Clearance\" and the \"Barangay Clearance\" is silly too, since it only applied to the alien (foriegner)

It also would be nice if a notorized and signed \"Joint Affidavit of Financial Capacity and Support\" is no longer required ... Less paperwork the better, and just another paper that don\'t need to be notorized by an attorney.

The \"Medical Certificate\" would also be nice if it were in fact not required anymore just do to the fact that it was very involved (ie: Used to require a Chest X-ray, Blood Sample (Serology VDRL report), Stool Sample (Ova & Parasites report) and a Urine Sample ... and a trip to Bureau of Quarantine and International Health Sevices

Now, if they could speed up the process of actually getting the 13a visa ... From what I have heard, it took about 9 months or more to get it after going through all the mess of submitting all the required paperwork.

Well, I hope someone actually posts here there experience with the 13a under the new rules.

Ron,

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