Exactly what is her name?

I read on the Internet very often about name issues in the Philippines.  No, I am not talking about names that are strange to us, I’m not talking about funny nicknames.  I am talking today about Philippine Birth Certificates.  I see on blogs, and read on various e-mail lists people saying that there is a problem for their wife or loved one because the name on their birth certificate does not match what their real name is.

Frankly, I don’t see what the big deal is.

Anybody who says that the name on the birth certificate doesn’t match what the girl’s real name is, is simply wrong.  The real name is the name that is on the birth certificate.  Let’s look at Feyma as an example.  Feyma has been called Feyma all of her life.  However, the name on her birth certificate is Maria Pima.  Pima instead of Feyma.

But, it is generally the same for us westerners.  Almost everybody calls me Bob.  On my birth certificate, though, it says “Robert”.  Bob is my nickname, no big deal.  All of my official documents say Robert, even though I am commonly called Bob.

What I hear from people is that they are preparing to file a Visa petition, and they first have to file a petition in the Philippines to get the birth certificate changed to get the right name on it.  Why?  When I filed for Feyma’s Visa to come to the USA, I filed it under her birth certificate name, “Pima.”  No, nobody ever called her that name, but that is the name that is officially registered with the Government, so for any official paperwork, that is the name to be used.  No, I didn’t file a case in court to change her birth certificate to Feyma, I just filed for her Visa under the official name.  The girl should also file for her passport or any other such documents under her birth certificate name.  Problem solved.  No cases to file.

The problem is that it is actually quite common in the Philippines for the birth certificate to show a name other than the name that has been used for the person all of their life.  In Feyma’s case, she told me that when her Dad went to register the birth at the Government office, he forgot the exact spelling of her name that they had agreed on, and thus it was recorded in a way different from what was used.  This is a very common problem in the Philippines.  But, same thing in the States, although I was called “Bobby” when I was a little kid, that certainly was not recorded on my birth certificate.

So, when it comes to issues like this, my advice is to just use common sense.  The name that you call somebody does not have to mach what their official name is.  I’m pretty sure a lot of people call me names that would never be recorded on my birth certificate!

Visas – "They" said that…

Today’s Guest Column is from Paul Keating.  Paul is retired “three times over” and with his wife, Emy, is currently in the process of moving to the Philippines this July.

A couple of items that merit serious thought when planning your move to the Philippines are visas and immigration status.  The good news:  they boil down to two simple questions:

• How will I enter the Philippines?
• How will I stay in the Philippines for the duration I choose?

The bad news:  there is no simple, one-size-fits-all answer to either question.  Finding help in answering them is a problem, too.  Many sources of information exist that can help you determine your answers:  some are good and some are not so good.  Among those sources is one who some of us know all too well:  the infamous “THEY.”  You know these covert operatives – never seen but often heard.  “THEY” find their way into just about everything.  (“’THEY’ said that …,” is their calling card.)

“THEY” can be as wrong or as right as any other source, so “THEY” should not be fully trusted or fully discounted outright.  Your best defense against a biased “THEY” is checking with more conventional sources.  This Web Magazine, Live in the Philippines, has a respectable archive of columns and comments that address these questions.  These easily provide counter-balance or support to what “THEY” said.  CAVEAT EMPTOR: “THEY” submit comments to Web magazines and blogs, too!  In our planning, my wife, Emy, and I employed “THEY,” as well as several Philippine Government sources and a few LiP articles/links.

Getting to Know You

Prior to our research, we performed a good self-check to determine just who we are, in terms of immigration.  Knowing one’s self helps to discover open paths as well as paths on which time shouldn’t be wasted.  Me? – Simple:  A retired American with a couple of honorable careers behind me, married only once (to Emy), never refused entry to the Philippines, and no police record.  Emy? – A little more involved:  A former Philippine citizen and OFW, presently a naturalized citizen of the USA, married only once (to me), never refused entry to the Philippines, and no police record.  We plan on traveling to the Philippines together.

Once we “knew us,” we limited our choices to two:  1) obtaining Balikbayan visas, or 2) applying for non-quota immigrant visas under Section 13(g) of the Philippine Immigration Act of 1940, as amended.  Both choices answered those “simple” questions quite handily, however differently.  Other choices, though just as valid as these two, just weren’t worth our time.

The first choice, the Balikbayan visa, is the easiest to obtain.  Requirements include being either a Balikbayan or the spouse traveling with a Balikbayan; having a passport that is valid for at least one year, and being prepared to prove that the spouse is married to the Balikbayan.  Similar to the 23-day tourist visa, there are no fees to pay until you apply for an extension at the end of its one year term.  Previous LiP articles will confirm that this is a “you get what you pay for” deal – “bare bones” entry for a Balikbayan (or couple) affording a year’s stay.

The second choice, the Section 13(g) immigration visa, isn’t easy to obtain nor does it come without cost.  Fees, medical exams, police checks, photos, forms and more forms, etc. are all part of obtaining immigrant benefits that exceed those of the first choice.  Check the previous LiP articles on Section 13 visas – they cover the specifics quite well.  You pay more, in time, effort and money, but you definitely get more benefits with this visa.

Our Choice(s)

Choosing which visa would serve us best was a “no-brainer” to me – choice 2.  The benefits of unlimited out of country travel and return (even by myself), the ability to obtain an ACR-I card which would make things like setting up bank accounts, etc., easier, no limits in out-of-country stay duration prior to return; and the ability to purchase a one-way ticket to the Philippines for our move were my primary motivators.  All the required forms were available at the local consulate’s web site, and the consulate itself was just a couple of hours away.  We could make a day trip out of it.

Emy’s “no-brainer” selection was choice 1.  Her arguments included that there was no cost and no need to visit the consulate, the ease of obtaining the visa at the port of entry, the ability to do so upon re-entry; and, hey, where would I be going alone?  Besides, she definitely did not want to be an immigrant!  Among her sources were neighbors, hairdressers, and other Kabayan.  “THEY” said that if she applied for the immigrant visa, she’d have to get dual citizenship and that the immigrant visa would ruin her U.S. citizenship.  Of course, both of these rumors are not correct, but “THEY” said …!  In Emy’s eyes, “THEY” had the stronger argument.

All we had to do now was present our arguments to each other, discuss them, and select which visa we will employ.  This proved to be a little more troublesome that first imagined.  Discussions went on for weeks.

“THEY” speaks up.

Just when I almost had Emy convinced that, perhaps, the immigrant visa might be the way to go, the “final nail in the coffin” for choice 2 appeared – in LiP of all places.  Balikbayan visa holders could obtain an ACR-I card, but only if they applied at the Manila Bureau of Immigration office.  That was it.  Selection was settled.  Arguments and voting ended with “THEY” (an impartial outsider) providing the tie breaker.

We’ll be obtaining Balikbayan visas at Ninoy Aquino International Airport when we arrive.  A follow-on peace offering was provided and accepted:  if we decide that an immigrant visa would be better for us, we can apply while we’re there.

Visas – what would YOU say?

Welcome home to the Philippines

I have just completed my visa run to Thailand with Migs and I thought it would be interesting to report back what surprised Migs about the differences of the Philippines and Thailand.

The first thing we noticed that when we arrived at the majestic new Bangkok airport it seemed more like a palace than an a airport. We managed to glide our way to the immigration services and out to collect our baggage all within a few minutes.

Now, sorry to say the same is not available at Ninoy Aquino International Airport in Manila.  Although clean and tidy  it looks so bare, it has no Internet spots or even Internet cafes. The immigration is much slower and the mood of my immigration officer was a little moody to say the least!

You may remember from my previous articles that after booking my flight on Cebu Pacific Airlines, I was contacted a week later to pay a “extra tax”, because I have been here more than one year. After many arguments I finally paid it for a peaceful life, however at the check in I was not asked to prove I paid it and when I mentioned it, it still was not questioned. Maybe I could have saved p1700 by not paying it.

I also in Davao paid for an exit clearances form which you need if you have been here more than six months, this was checked and thoroughly too.

Back in Bangkok the taxis all gleam and are in excellent condition as opposed to the Philippines taxis found in most cities. Of course we encountered several times the pushy taxi drivers who seemed not to understand what their meters are for, and those we got out of and found another.  Same as Philippines then.

The streets of Bangkok are so MUCH cleaner than Manila, they are more controll

ed in terms of traffic and it lacks the sound of shouting, horns going and the chaos of people crossing in front of the traffic. Migs was a little surprised by the “control” that the Bangkok roads have, and of course the drivers too.

The food as you would expect was fantastic from the mid-price range restaurants to the even more enjoyable street stalls selling noodles and meat that just make your lips curl in pain and pleasure. The food is much more spicy then that available in the Philippines and seems to me that the portions , even on the streets, are much bigger than the Philippines, and very reasonably priced too.

One thing I have noticed since my last visit here two years ago is that the prices are much higher especially for us Brits and I suffered from severe overspend. I even shake in fear as the ATM’s mostly charge you b150 for using it about £3.00 pounds. OUCH!!

We decided to stay

in Bangkok and compared to last time I was here the access to WiFi networks have dropped and we found that we had to pay huge premium price to use our laptops in WiFi areas.

We visited the Temples and the Royal Palace and walked around some parks, everything in pristine condition, all safe, all a delight to visit and all undamaged by dirt or pollution.  No writing on the walls in this place, no graffiti at all.

Migs now wants to come back and maybe live in Bangkok too as even the McDonald’s look like spaceships and maybe next year we come back to Thailand again, but I hope to take him to the north of Thailand too.

Smiling and happy and very broke we returned to Manila international airport in the early hours to try and locate a money changer in the airport, but we failed.

We tried to go through a door marked exit, but we failed, it would not open.

We went outside to get a Taxi, none there.

We walked across the car park to the exit to the road to pick up a street cab, it was blocked!! So we had a long walk around to get out of the Airport.

WELCOME HOME TO THE PHILIPPINES.

I Hate Asia

I recently did a “visa run” as my 16 months in the Philippines were up.  After asking around, it became clear that Bangkok was the place to go for a visa run on a budget.  Bangkok is a modern city, except for the elephant in the street and the Chinese looking signs, I could have been back in the USA.

There were skyscrapers reaching into the sky, flashy lights, tons of traffic and people.    There were 7/11 stores, a McDonald’s every time I turned around and guys in suits talking about increases in profits and how to get more of them.

There were even more pretty girls than here in the Philippines, only problem is, there are so many white guys there that I didn’t get the same kind of attention there that I get in the Philippines, well not in the large numbers that I do here, especially in Bogo.

I did run into a bit of a problem though.  The cabbies in Bangkok will try to take you any place other than where you want to go.  Worse, if you don’t know where you want to go, they will take you any place that’s not close to where you are.

There are a ton of empty cabs in Bangkok, they are easy to get.  Never had to wait more than 30 seconds for one.  Each trip though, was a battle of one kind or another.

Read more

What is SVEG?

SVEG?  What is that?  Well, it is the Special Visa for Employment Generation.  Remember last year, in November, President Arroyo signed Executive Order 758, which provided for a new way for foreigners to stay long term in the Philippines.  This executive order is what lead to SVEG, which was finally implemented last week.

I wrote an article about the new employment visa when it was first announced in November.   At the time, we did not know any details about how the new visa would be implemented, what the rules would be or anything.  First thought was that as long as you employed ten Filipinos in a business, you could stay forever.  People started thinking that they could get 10 maids, sales clerks in a sari-sari store and such.  Next, word started coming out that you might be required to invest as much as P15 Million to get the special employment visa.  So, there was a lot of speculation, but not many facts.

Thankfully, the facts are now availalbe, and as of March 9, the SVEG can is available for those who wish to use it to live in the Philippines!  Unfortunately, it will not make living here as easy as many thought, but it does give one more option for those who wish to make living in the Philippines part of their daily life.

So, if you wish to obtain a SVEG, what are the requirements?  Let’s have a look:

1. The foreigner must have controlling interest in the business that will employ a minimum of 10 Filipinos.
2. The Filipino Employees must be Regular Employees.  In other words, they cannot be hired on a temporary contract workers, but have permanent jobs.
3. The Filipino Employees must be full time employees.
4. The Filipino Employees must be employed in Managerial, Executive, Professional, Skilled or Unskilled positions.
5. The Foreigner must supply the Bureau of Immigration with Alien Employment Permit issued by the Department of Labor and Employment (DOLE).
6. The Foreigner must supply the Bureau of Immigration a letter from DOLE that certifies that the Alien employs ten Filipinos.
7. Alien must supply proof that he acts in managerial functions and has the authority to hire, fire and promote the employees, and that he has the intention to remain in the Philippines indefinitely.
8. Proof must also be supplied that the employees have been given all due benefits of regular employees – PhilHealth, Pag-Ibig and SSS.
9. All provisions of the Philippine Constitution are still intact regarding foreign ownership of business, equity, foreign investment and capitalization.

In addition to these requirements, the alien must provide the following to the Bureau of Immigration:

1. Notarized letter requesting SVEG.
2. Copy of Passport.
3. Company articles of incorporation.
4. Proof of investment.
5. Clearances from National Intelligence Coordinating Agency and Bureau of Immigration.

So, now we know what the SVEG is, and what the requirements are.

What do you think of it?

Here is what I think.  Personally, I think that this is really a non-starter.  There are already other visas in place that are less expensive to get and easily available.  For anybody who is married to a Filipino, the 13 series residence visa is the obvious choice for anybody who lives here.  For a person who is not married to a Filipino, the SRRV (Special Retirees Resident Visa) is much less costly and much less ongoing hassle.

Honestly, I see no real use for this SVEG visa.  One thing in particular is that you are required to have a Work Permit in order to get the SVEG.  However, the Work Permit is already virtually impossible to get.  So, it’s kind of a catch 22 situation.

Next question, how can you have controlling interest in the business, yet Constitutional requirements regarding business ownership are still in effect?  The constitution bars foreigners from having a controlling interest in a business here.  I suppose the company could be a foreign company, and open a branch here in the Philippines, but that seems that it would be complicated, and beyond what most expats who simply want to live here would be able or willing to do.

Overall, I suppose it is a positive step to offer additional ways of staying in the Philippines long term.  I am just not sure that the SVEG solves any problems as they are now.

What do you think?  Any ideas?

__________________

Note:  Starting today, I am offering a couple of specials in the LiP Store!  Firstly, my book, 49 Ways to Earn a Living in the Philippines will be on sale through the end of March.  The book is regularly $49, but until the end of March you can get a 25% discount, making the book just $39.99!  So, now is the time to start learning about how to earn money in the Philippines, and make your dreams of living in the Philippines a reality!  Order here.

My second special is on my Virtual Earner Video Seminar, which goes into more detail about how to earn money online.  The video is normally $99, but for the rest of this month you can get it for HALF PRICE!  That’s right, just $49 for the complete video!  Order here.

Tourist Visa & 16 Months

As most expats know, we can extend our tourist visa for 16 months but then we must leave.   Many refer to it as a “visa run” and that sounds like a good name for it to me.  There is some controversy about if you can leave, go to another country and come right back or if you must stay out for three days.

I read on the BI site that it was three days, or at least that’s the way I remember it.  Now I can’t find that.  Many expats say they didn’t do that, that they came straight back.  Many say they didn’t have an onward ticket too and no one asked.  Others where forced by the airline to purchase an onward ticket before they would fly them to the Philippines.  That’s the way it is suppose to work.  Some get by without purchasing that onward ticket.

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Could you be deported?

I wrote a column on Saturday about getting a mortgage in the Philippines.  In the comments on the column, there was a lot of talk about the debate over which is better, buying or renting property.  One thing that was pointed out several times in the discussion is that as foreigners, we cannot own property in the Philippines.

Yes, there are ways to buy a house.  The easiest is if you are married to a Filipina, you buy the house in her name.  Foreigners can also buy Condominiums, but only a maximum of 40% of the entire Condo unit can be foreign owned.  All in all, it is a good idea to keep in mind that as a foreigner, you simply cannot own real estate property in the Philippines.  For years now, there has been discussion about changing the Constitution of the country to allow for foreign ownership of property, but for now it does not appear that such a change will be coming through any time soon.

As Dave Starr pointed out in the conversation, if you do buy, under the conditions I described previously, if there is a marital problem or something along those lines, you stand to lose your property.

I have another consideration, though.  What if you were deported?  Don’t blow this off, deportation of foreigners is something that happens every day.  Did you know that you can be deported for simply getting angry and raising your voice at a Filipino?  It’s true!  Let’s say that you are in a restaurant and the service is poor.  You loose your cool and get angry at the waitress.  She can go to the Bureau of Immigration and file a complaint against you, and most likely, you will be deported!   There is some kind of rule or law that says that you are not allowed to be disrespectful to a Filipino.

For me, this goes a little too far.  I mean, everybody gets mad from time to time, and I feel that it should not be a deportable offense, however, this is the law, and you and I are not the ones who decide on it.

Here in Davao, there are often cases where foreigners are up for review for deportation.  I know of one case where a British man in Davao was jailed for physical abuse of his girlfriend and he was nearly deported for that.  Last year, a Korean was seen on the golf course yelling at his Filipino caddy, and he was deported for that.  These cases seem to pop up in the news every few months or so.

What would you do if you owned a house, and ended up being deported?

For me, I feel that I have lived here long enough that I have learned to control my anger when it is present.  I can also say that I have lost my cool in past years plenty of times, and was just lucky that I was not deported, or in some kind of trouble over such incidents.  Now, I rarely get mad in public, though.  However, you just never know what might happen!

I’ve completed my annual check-in

Did you know that if you live here on a 13 series Visa, you have to go to the Bureau of Immigration and check in every year?  That’s right, every year, in January of February, you are required to go to the Bureau of Immigration and check in, which means that you go, show your presence, pay a small fee (around P300) and you are finished for the year.

The 13 series Visa is a Visa that gives you permanent resident status in the country.  I am here on a 13(g) Visa, which means that I am married to a former Citizen of the Philippines.  If you were married to a Filipina who is still a Citizen of the Philippines, you would be getting a 13(a) Visa.  The 13 series is a non-quota visa, meaning that there is no limit to the number of people who can get such a visa each year.  With some other visas, there is a specific number of recipients per year, but that is not the case with the 13 series.

Anyway, last week when I went to General Santos, I checked in at the Bureau of Immigration office there (it’s located at the Arcade of the East Asia Royale Hotel).  It was a simple and quick process.  We have five in the family with such Visas, and for all five of us to check in it took under 20 minutes, and about P1,500 in fees.  Quick, simple, hassle-free!

If you are living here, did you check in yet?  If not, there will be a penalty for being late!

Can I bring my stuff with me?

Somebody e-mailed me last night asking a question about bringing their belongings with them when they come, and how much duty they will have to pay to the Philippine Customs for that.  I am sorry, but right now I have lost your e-mail!  I am in the middle of migrating to a new computer, and my e-mail files got corrupted in the process.  I am still hoping to recover all of that, but it isn’t sure.  I thought I would post this info in hopes that you will see the information you are looking for. Also, I am sure that others will need this information as well.

Any of the visas that give you resident status in the Philippines, which would include the Special Retirement Visa and also the “13″ series of visas give you an opportunity to bring your personal belongings.  The law is written that you can bring up th $7,000 worth of goods without need to pay any taxes or fees to the Philippine Government.  I entered the Philippines on a 13(a) visa – meaning that with my wife as a former Philippine citizen, they grant all of our family resident status here.  At the time of my entry (2000) the same $7,000 value was in place for the value of the belongings that you could bring.  Well, we brought a lot more than $7,000 worth of stuff, and no taxes or fees were imposed.  The customs officials didn’t seem to care how much there was.

There is one catch – and this is something that the customs officials kept a close eye for – you CANNOT bring in a car as part of your tax free allowance.  On a car, the customs duty is 100% of the original purchase price.  So, if you paid $20,000 for a car 10 years ago and bring it here, you must pay $20,000 in customs fees.  In my opinion, it’s best to just sell your car before coming to the Philippines and buy a new one here.

Now, keep in mind that the law says you must pay customs on anything over $7,000.  So, if they decide to charge you, you have to pay it!  But, in practice, myself and others that I have heard from have not had to pay any fees on the value over $7,000 in personal goods.