Today’s guest blog is from Bruce Linder. Bruce has been living in Davao a few months now, and has his own blog, American in Davao. Bruce notified me of some changes in residency requirements that he came across when he recently visited the Bureau of Immigration. Here is what Bruce had to say:
Today when I was at the Bureau of Immigration I recieved information to change status to get residency here in the Philippines by marriage.
They have reduced the requirements and made it easier.
Here is the information from the document
MCL-08
NOTICE TO ALL APPLICANTS/PETITIONERS
To avoid the summary denial/delay of your application/petition, please be advised of the following:
- All sworn statements or affidavits must be duly notarized.
- Documents executed outside of the Philippines must be authenticated by the Philippine Embassy/Consulate official of the Philippine Foreign Service at the place of issuance or nearest to it, with English translation, if written in other foreign language. Any document executed within the Philippines must be duly certified by the offices having official custody of the originals.
- All documents required for submission must be arranged in the order as listed hereunder; otherwise your application or petition cannot be processed immediately.
CHECKLIST OF DOCUMENTARY REQUIREMENTS FOR APPLICANTS FOR CONVERSION TO NON-QUOTA IMMIGRANT BY MARRIAGE
- Duly notarized letter of application by the Filipino spouse.
- General Application Form duly accomplished and notarized (BI Form
- No. MCL-07-01)
- NSO authenticated copy of Birth certificate of Filipino spouse and
- certified copy of the ID as Filipino citizen issued by BID.
- 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 marriage was solemnized.
- Bureau of Immigration (BI) Clearance Certificate
- Plain photocopy of the passport of the foreign national’s spouse
- showing applicant’s bio-page, admission stamp and authorized stay
- of at least twenty (20) calendar days from date of filing.
About Guest
Hi, I would like to know what are the advantages and disadvantages of being a non-quota immigrant by marriage? How long can a married foreigner stay in the country? Do they need entrance or exit fee? Thank you very much.
Hi Melojane – Getting a “non-quota” visa just means that if your husband applies, as long as he meets the requirements he gets the visa. If a person who is not qualified for a non-quota visa applies, there are only a certain number of quota visas available, and if the number has already been issued, the applicant must fall in line and get it the next year, or after that if the slots are already full. When somebody is eligible for a non-quota visa, that means that they can get the visa no matter how many visas have been issued, they don’t have to wait in line.
If a foreigner gets a resident visa (quota or non-quota) they can stay in the country permanently, they never have to leave. Of course, just like Pinoys, they are required to pay exit fees when the leave the country.
Mabuhay,
It is great to see that the requirements have been relaxed! I am newlywed to my wife here in Marikina City and we will be going to the good old BI in the next couple of weeks for the 13a visa! Maraming salamat for your great information Bruce, you are a Godsend!
Regards,
Ric of Marikina City
how much is the exit fees? and Do I need to make my own duly notarized letter for my foreign husband and bring it to notary public?
pls give me some answer for help.
I am a american looking to living in the philipines of course with my filipino wife of 23 years with in the next few years, can this visa be considered like having dual citizen or is it just a permanate visa?
Hi Barry – No, this is not related to citizenship, it just allows you a permanent stay in the country.
Hi, Bob – we went through this process October last year and it went pretty well – no glitches at all. The only time I was a bit iffy was during the interview/hearing with the lawyer who was a bit unprofessional (long story). Anyway, we are going to convert the temporary resident visa (the probationary thing for one year) to the 13a (permanent) this month. The papers that my husband got from the Immi only has about 4 items on the checklist and I was wondering if we are missing something as your checklist above is longer (it looks like the checklist we had for the temporary visa). Have you converted to the permanent residence visa yet? What exactly did you have to submit?
Thanks!
Noemi
I have a 13(g) visa, for a permanent resident. I never had to convert though, I got my resident visa before coming here. That was nearly a decade ago, so things have changed. I would recommend that you should just do what the Bureau of Immigration tells you to do.
I married my filipina wife in the USA(Ohio). I have since moved with her to Olongapo City, PI.
I want my permanant visa to stay here. Would I have to send my marriage certificate to a Philippine Embassy in the USA to get authenticated?
Would it be easier for me to “re-marry” my wife here in the Philippines?
Any help would be appreciated.
Maraming salamat!!
Hi Michael A. LaPerna- To be honest, I do not know the answer to your question, I am sorry for that. I have asked my cohort, Dave Starr to stop by and answer your question if he can. Hopefully somebody can help you.
Aha. Once again the age old ‘certification’ issue comes up. In the category of “Monday Morning Quarterbacking” … don’t ya just love it when someone starts off with what you “should have done is”?
Sorry but for the benefit of those wo haven’t yet made the move … if you married in any country outside the Philippines do _not_ neglect to get your marriage registered with the Philippines NSO via the Philippine Embassy or consulate which serves the place you are living. Do this even if you think you will never come back to the Philippines.
Why? Because if you _do_ come back here with just your US marriage certificate it is ‘no good’ as far as the Philippine DOFA is concerned. It must be recorded by the Embassy and reported via them to the NSO.
Now, how to fix the current issue? This depends on your legal status. It sounds like even though you are in Olongapo City you may still be a legal resident of Ohio. Do you have an Ohio Driver’s license? Are you registered to vote there? Do you pay Ohio taxes? Do you pay any bills there? Can mail reach you there? All these and more are legal predicates of proving state residency.
It is likley you are still a legal resident of Ohio. You certianly are not a resident of the Philippines becuase you are trying to get a Resident visa. You may be “domiciled” in the Philippines but you are certainly a legal resident of some other country/state. Perhaps Ohio … that’s for you to decide or be able to prove.
If you have an address there and/or someone you can use as a pair of ‘hands’? If so, you can follow the procedures here:
http://www.chicagopcg.com/forms/rom.pdf
And get you marriage recored via the Chicago Consulate. Note that the consulates and the Embassy themselves can’t serve peopel outside the US, so better make sure everything comes and goes to your a leagl Ohio address. This procedure would be sort of skirting the law, but I doubt itis actually illegal.
If you can’t do it this way I really don’t know how to proceed. One thing i would _not_ do is try to get married again. It is illegal to marry when you are already married … even to the same person. Legally when you see couples getting remarried, not all that uncommon, they are ‘renewing their vows’ and no license or leagal record is based on this. You may renew your vows as often as you like but you can only marry once (at a time). Being single is a legal requirement of marriage in the Philippines.
Now it’s possible you might get a license and getsomeone to do it anyway … again quasi legal … but do you really want two marriage dates in your records, US and Philippines … say years and years from now when Social Security, VA, some other issue comes up? And down the road if the fact came up you were already married in Ohio your second marriage could be declared invalid …this could pose grave consequences … especially to a visa based on that marriage. I would avoid that idea like the plague.
The simplest, nost totally legal way is to fly back to Ohio for a visit and do it straight up there … 100% signed, sealed and leagl. I don’t know the time line at the Chicago Consulate but in the Philippine Consulate you can get this done in an afternoon. But you must use the consulate that serves your US legal address.
The upside of this is, you can get the permanent resident visa there too on the same trip (you can’t get the visa from the US via mail, a personal interview is required) … much simpler and faster in the US and cheaper too … as long as you still legally reside there … the Chicago Consulate can not serve people who live in Olongapo … but being in the Philippines on a tourist visa is _not_ residing in the Philippines, legally … if you get my drift.
I realize this is not necessarily all that clear but it seems to me to be the way things are … hope this will help.
Hi Dave- Thanks for offering your assistance on this! I hope that it helps.
Thank you for your quick response. I am using my parents Ohio address as my US addy. My Ohio drivers license, which is valid until 02/2010, has my parents addy on it.
My mother and I are also listed on a US bank joint checking account. My mail is sent to my parents Ohio address also.
I also earned income in the USA in 2008, so I will be filing my income taxes early next year.
I figure this should be enough proof of my US “residency”
What do you think?
Thanks again
Also, I went to the website Dave kindly provided. Maybe I can print and fill out the form, then send it, along with the required documents to my mother in Ohio.
She can then “repack” it and send it to Chicago.
After Chicago sends to Ohio the “authentification”, my mother can then send back to me in PI.
Do you see any problems with this idea?
Thanks much
Hi Michael LaPerna- Neither Dave nor I are attorneys, so I don’t think either of us can really advise you of any “problems” with your plan. Unfortunately, putting something like that down in a public place like this can put one of us on the hook if it doesn’t work out for you. This would apply to both of us – Dave as the advice giver, and me as the site owner. I hope you understand.
Thanks guys. I understand. There has to be a legal way to do this without returning to the US.
I wrote the Philippine Consulate in Chicago. Maybe I’ll get lucky and they will write me back.
Thanks again.
hello to all. i just got married in butuan city, mindanao and was looking into getting my non-quota visa. i talked to the immigration officier here and she said it was cheaper and easier to get the non-quota visa in the U.S. I guess if u apply for the visa here in the phils u have to apply twice but in the U.S u only have to apply once. do u know anything about that?
what are the requirments for 13g visa?
thanks brendan
hi bob. thanks for the info i will look into the 13a visa.
Hi! Can you provide any information on the privileges and/or restrictions of the 13a Non-Quota Immigrant Visa (1 yr probationary)? My husband recently received approval of his 13a Non-Quota Immigrant Visa (1 yr probationary) and we are curious to know what he can and cannot do with it. Can he be employed in the Philippines with his new visa? Would he still need to obtain work permit from Dept. of Labor and Employment if he wants to work here with his 1 yr probationary 13a Non-Quota Immigrant Visa? Any input is greatly appreciated!
I have been working at an Army base in the mid Pacific for the past 5 years and am considered a resident here. My state driver’s license expired in 06 and I have no residence in the mainland. My wish is to marry my Filipina fiancee and reside in the Philippines with her indefinitely if possible. I am open to any and all suggestions or advice…
Thank you so much, Mark
How often can I renew the tourist visa?
I was told that I had to deposit 70k in an acct. and leave it for 4 years to reside permanently…
Well Bob, you sure eased my mind. I sure thank you for the info..
Mark
Hey Bob, an unrelated question, what is wrong with Manila tap water? will a brita filter system remedy that?
Mark
Better not to chance it…….thanks..
hey Bob I was thinking of bring a reverse osmosis water purifier ..Any ideas …Phil n Jess
Hey Bob, thanks for your previous advice. I am in another dilema now. I am awaiting a large settelment for an injury I had, enough to retire in PI. It will take 1-2 years to get. Meanwhile I was offered a supervisor position by the Marshallese Govt. to run a small island community called Kili. I am still trying to divorce my stateside wife and that needs to happen in the area I have resided in in the last 6 months, that being the Marshall islands. I can not get my fianc’e a marraige visa until I am divorced. The company that offered me the position has no problem with her staying with me in Kili, there is a RMI immigration fee. The problem is getting there. She can’t fly through Guam without some kind of visa, that’s the only way to get there. Is there an easily obtainable visa(transit visa) so she can go with me? if so, what are the requirements and fees?
Thanks, Mark
Hi Bob, Me again. Out of the 2 options, getting married in the U.S. or getting married in PI, which is the most practical, legally and economicaly..
Mark
Hi Bob, Can you provide any information on the privileges and/or restrictions of the 13a Non-Quota Immigrant Visa (1 yr probationary)? I am Indian national married to my Filipina girlfriend last month here in Makati. I’ve applied for TRV (Temporary Resident Visa) and our hearing is next week. However, I am curious to know if I can be employed in the Philippines with this new visa? I will still need to obtain work permit from Dept. of Labor and Employment until the time I have TRV (13a Non-Quota Immigrant Visa) in hand? Please reply earliest and any inputs are greatly appreciated!
Hi Sandeep,
All information i got is that there is TRV which you can apply for its for 5 years and yearly it will be renewed. Phili gov want all 5 year money in one shot and after five years some website say u can apply for PR. But on rp india it says ten years i am also running in same boat which ur in. if u have reply or information for me that will be great.
the documents are mentioned on this website. Please let me know if there is any further requirement.
the amount is close to 60000 pesos if it is less please let me know
Dear Bob,
I and my wife recently had the TRV hearing and hopefully it went well. However, my concern is on the waiting period of the TRV process. Though I have savings, it will still be a big help if I can work at this time. Is there a possibility of having work permit even if the TRV is still in process at this time? Can I have both the work permit and TRV in process?
Your advice on this will be greatly appreciated.
hello bob im german guy who wants to live in phil, im not married in filipina, did the philippines will allowed me? and what is the requirments bob, plz i need your responds coz i want to know it asap bob, thank you very much.
hi bob my fiance’ wants to live in Philippines after we get married here, will he just get tourist visa? after we get married is he still has to leave Philippines after his stay of 21 days. I need help for clarification on this to make it easier for my future husband…Your response is highly appreciated.. God bless you.
Sincerely yours,
BEl
to bob my name is mike i like to ask i ma going this feb 2010 to viset my feansay to aply here in the usa but i realy what to move there to live with her what will be best to do we get marryed there if so how do i go about frist to aply for what typ visa to live there or can i aply here in us immifrtion and do you no the cost and what requiments i have to gett from me to showe prove for me and dos my feansay have to do any thing by her she is my feansay and dos she have to do any thing. were can i et eather forms and what typ of forms and do i have to have banck accuont saveings from us to live there for resadents and how lone can i stay there i what to reside there with my feansay but i what to keep my usa cizons ship here or should i go ahead cone back here and aply for the I129F feansat visa and wate for her to be come a usa citzon then move back there so any infomation you can berfide back to me i thanck you bob god bles from mike t.
hello i have been married to a philpina for over 3 yerars now i live in th philippines i applied for permanent hesident over 2 years and i still dont have my card yet .how long does it take to get it ??
Bob,
I am retiring to the Philippines in 3 months, what documents do I need to bring with me to qualify for the 13a visa. By-the-way, my spouse is a US citizen but once a Filipino???
Hi Willie – If your wife is no longer a Philippine Citizen, you do not qualify for a 13a Visa. Instead, you qualify for a 13g Visa (and your wife will need one too, unless she reacquires her Philippine Citizenship). Also, much better, easier and cheaper to get it before you come here than waiting until you get here. Just contact the Philippine Consulate or Embassy serving the area where you live, ask for an application, and they will tell you everything you need.
hi i am an indian who wants to live in the philippines…i have a girlfriend but she is married allready but planning to separate with his husband..is it possible for me to live in philippines?what are the things needed in order to have a chance to live there?
You are playing with fire, mandip. Moving here to be with a married woman (even after she is separated) could prove deadly for you. Be careful, and try to reconsider.
Hi Bob- we got married last June. i got all the requirements now ready to be notarized.i am a Filipino citizen and my husband is an Australian.i would apply a 13(a) for him… but we have no idea how much it would really cost when you apply. i tried to ask some friends we got here but they have different answers.. please give us few hints on how much in would really cost base on your friends or what you have experienced…
thanks a lot and Godbess…
Hi Resa – You should read John Miele’s article about his recent 13(a) experience. It details costs and waiting periods.
Hi Bob,
thank you so much for your quick response i appreciate it a lot. I have read John’s experience and i have it printed as well for my husband to read… thanks to John as well for sharing it.. i know it would help a lot…
next time again…
thanks…
Good luck to you and your husband, Resa!
Hi Brendan – I don’t believe that you qualify for a 13g visa. As I read your comment, it seems that your wife is a Philippine citizen. To get a 13g Visa, your wife must be a former citizen of the Philippines. If your wife is a citizen, you want to apply for a 13a visa.
It is true that it is generally easier and quicker to get your 13a abroad, rather than here in the Philippines. I have never heard of anything about needing to apply twice, though, not sure who told you that, but I do not believe it to be accurate. If you are married to a local citizen, getting your 13 series visa is not hard, nor is it expensive. It just takes time, and patience.
Hi Mark Pickett – Once you are married you should have no problem getting a resident visa here. Until you are married you can just come and stay on a tourist visa.
Hi Mark Pickett – You must renew your tourist visa at 21 days in country, and after that you must renew every 59 days. You can keep on renewing until you spend up to 2 years in the country, then you must leave. You can return as early as the next day.
Hi Mark Pickett – That is simply not true. That is for a Special Retirement Visa (and the amount you quoted is wrong too). You said you were going to marry, which means that you will qualify for a Non-Quota Resident Visa. The amount required to deposit for that is ZERO. Zilch! Nada! That’s a lot cheaper!
Hi Mark Pickett – Water in the tropics has germs in it that don’t exist in the USA. People here can drink it here with no problem because it is what their bodies are used to. People from the States cannot usually drink it unless they want to get sick.
Personally, I would not rely on a water filter,but you can try if you want.
Hi Mark Pickett – Yeah, when you can buy bottled water for P10 or P15, why take the chance?
Hi Phil n Jess R. – bottled water is so cheap, I don’t know if it would be worth it to bring. It’s a personal choice, though.
Hi Mark – Not talking about practicality, but I firmly believe that the right thing to do is to marry in the Philippines. I say this because you are asking a woman to give up her life in her country and immigrate to be with you. She will be separated from her family. Family is extremely important in the Philippines. The least you can do is to allow her the pleasure of being married in front of her family and sharing the experience with them. They will be so proud to be able to participate in this ceremony and see their daughter marry you. Even if it were to mean a few extra months waiting for a visa, you will gain a lot of respect from your future in-laws.
My opinion, YMMV.
Hi Sandeep – You can read about Immigrant Visas and how they work here.
Bob – Your quick response is highly appreciated.
I’ve gone through the link provided by you and it does have good information. It’s helpful.
It is too much to ask but I wanted to clarify few more things with you -
1) What are the usual questions asked from hearing?
2) Until the time I get TRV, can I work in the Philippines? Can I get Temporary Work Permit for work?
3) I’ve paid ~7k while submitting my TRV application to the Immigration office in Intramurous (where one of the employees told me that total expense could be 100k, which is not sure?). Will there be any other expenses I will need to cover, while issue of the visa, during hearing etc?
4) What we should be prepared of for the Hearing next week?
5) Approximately how long does it take to have TRV after the hearing date?
6) What are causes of denied TRV?
Apology for too many questions.
It would be very helpful if you could provide more details on my above questions.
Thanks in advance.
Hi Sandeep – My answers to your question are by number below. Please realize, I am not an expert, just somebody who got a 13(g) about 9 years ago.
1. The person who interviewed me asked how I was doing and why I wanted to live in the Philippines. No other questions. I suppose it varies, though.
2. No, I do not believe until you have acquired the proper visa.
3. I do not believe that the employee is being honest with you. I paid a total of $100 in the USA to get my 13(g) and about $100 in processing fees in the Philippines. No other money was needed. It may have increased in 9 years, but not that much.
4. I don’t know, I have no idea what kind of hearing you are having next week. I didn’t have any hearings, I only answered the 2 questions over the telephone.
5. For me, my visa was sent to me via FedEx, I had it the next day. The process you are going through sounds totally foreign to what I did, though.
6. I don’t know.
Good luck.
Thanks so much for your time Bob.
At least I got to know some additional information from your blog and your replies.
God bless you.
Hi Sandeep – The truth is that I just don’t know the answer to your question. You should really ask the BI people and see what they say. I’d love to help, but I just don’t know.
Thanks anyway..
I will keep you updated then once we get feedback (but that will be after 3 to 6 months at a minimum.)
Thanks again..
Hi Sandeep – Good luck.
Hi haiko – Your only options would be to obtain an SRRV or to live here on a tourist visa. It’s possible to do.
Hi BOB,
I am facing the same trouble what sandeep has stated above..
Since i am living in philippines for almost 3months & need to do job ASAP. In my case I and my wife had inquired with the BI regarding the TRV for indian national then BI has sent a mail by stating indian can apply for 1yr and 5yr visa alonge with the fee structure. Since i have applied for 1yr visa at Cebu BI and paid the Fees which was P2500 & after followup of 2 weeks my interview was scheduled on this month at BI manila Intramurous but as per the BI indian can apply only for 5yrs(was shocked) then i have made the necessary filing payment,total payment made for P8660. However, as per VIMS (Visa Issuance Made Simple) of BI made the less requirement of document but they have not mention how much time they gonna take for the TRV VISA.
After making the few inquiry at the BI, few agents informed me it may take 3 to 6 month but if u pay good amount of money(Under the table) they can do da work within 2 months but the price they are asking is absolutely high(Nearly 70k-100K). Also my tourist visa will expire on Oct 2009 so again i have to extend my visa for 2month.
Basic Fees for Indian Nationals for 5yrs TRV
3000
Filing Fees : P8660
Implementation Fees : P25500
ACR Card
Basic Tenure: 3 months (As per BI)
Will you pls give me good suggestion wat shud i suppose to do in this matter?
SANDEEP : Kindly let me know whats the update about your TRV at the moment..
Thanks in Advance..
Hi mike.t – If you want to come here and marry, then live here indefinitely, the first thing you need to do is to just come and get married. Just come on a tourist visa. You will need to go to the US Embassy in Manila, or the Consulate in Cebu to get a form called “Certificate in lieu of Legal Capacity to Marry”. After getting that, just get married. After getting married you can apply for a 13(a) Resident Visa, which will all be handled at the Bureau of Immigration.
Good luck to you.
Hello bel – On a tourist visa, you don’t have to leave after 21 days. You can renew the visa for up to 16 months. After you marry, your husband can apply for a 13(a) Resident visa, and he will never have to leave at all.
Hi Clarence – I would suggest that you check with the BoI. It should not take that long to get.
Hanji Chet and Sandeep,
Please add me in YM as delhiguyj i need your help i am traveling in same boat.
Please guide me on this.
Regards,
Parvinder Walia