Philippine Permanent Resident Visa and Temporary Resident Visa by Marriage

The Permanent Resident Visa (“PRV”) and Temporary Resident Visa (“TRV”) in the Philippines are visa classifications that are not unique to our country. In Australia for example, Permanent Residency is obtained through gaining a family-stream permanent visa, a work-stream permanent visa, or business or investor-stream permanent visa, among others. Meanwhile, Temporary Resident visas are designed to allow overseas people to come to Australia for specific purposes that benefit Australia. The same premise applies to most states who use these terminologies for their visa classifications.

More clearly, the types of visas in the Philippines are bisected into non-immigrant visas and immigrant visas. The governing law for visas is the Philippine Immigration Act of 1940. Section 13 of said law contains all the types of immigrant visas also referred to as PRVs. TRVs, on the other hand, refer particularly to a specific scenario branching out from Section 13(a) of the law, if the applicant’s home country does not have a treaty agreement with the Philippines granting resident status to their Filipino spouses upon marriage.

Permanent Resident Visa

A Permanent Resident Visa in the Philippines is granted, primarily, by virtue of reciprocity principle, i.e., it is only available to citizens of a country which grants the same permanent residence and immigration privileges to Philippine citizens. The form of PRV commonly availed of is the one under Section 13 (a).

Note, however, that Philippine Probationary Visa or Non-Quota Immigration Visa By Marriage must be applied first prior to PRV. Probationary Visa is valid for one year. Thereafter, it shall be converted to PRV.

For a Section 13 (a) Permanent Resident Visa, note that the petitioner of the PRV should be the Filipino spouse.

Generally, the applicant must prove the following to qualify for a Philippine Permanent Resident Visa:

1. Applicant has contracted a valid marriage with a Philippine citizen;

2. The marriage is recognized as valid under existing Philippine laws;

3. There is no record of any derogatory information against the applicant in any local or foreign law enforcement agency;

4. The applicant is not afflicted with any dangerous, contagious, or loathsome disease;

5. The applicant has sufficient financial capacity to support a family and will not become a public burden; and

6. If already in the Philippines, the applicant must prove that he or she was allowed entry into the Philippines and was authorized by Immigration authorities to stay.

The specific requirements to apply for a Section 13 (a) Permanent Resident Visa in the Philippines are as follows:

1. Duly accomplished Consolidated General Application Form;

2. Joint request-letter addressed to the Commissioner o the Bureau of Immigration from the applicant and petitioning Filipino spouse;

3. Passport with at least six months of validity beyond the date of departure from the Philippines;

4. Two (2) photocopies of passport information page of the applicant;

5. Two (2) photocopies of passport information page of the applicant’s Filipino spouse;

6. Original and photocopy of applicant’s birth certificate with English translation, if needed;

7. Original and photocopy of applicant’s Filipino spouse’s birth certificate issued by the Philippine Statistics Authority;

8. Original and photocopy of marriage certificate;

   1. If the applicant and Filipino spouse were married in the Philippines, the Philippine marriage certificate must be issued by the Philippine Statistics Authority;

   2. If the applicant and Filipino spouse were married in another country, the marriage must have been registered with the Philippine Embassy or Philippine Consulate-General in the country where the marriage took place; and

   3. If the Filipino spouse was in a previous marriage before marriage to the applicant, the proof of marriage annulment must be presented;

9. Valid Clearance from the National Bureau of Investigation (“NBI”), if application is filed six months or more from the date of first arrival in the Philippines;

10. Recent photograph, size 4 cm x 4 cm, colored and taken against a white background;

11. Evidence of sufficient financial capacity to live in the Philippine, such as, but not limited to, bank statement of accounts, property deeds, certificates of stocks; and

12. Preparation for an interview to be conducted by the proper visa official.

Note also that additional requirements may be required depending on the nationality and other personal circumstances of the applicant and petitioning Filipino spouse.

Temporary Resident Visa

A Temporary Resident Visa in the Philippines is available to a foreign national whose country does not have an existing reciprocity agreement in the Philippines but has contracted a valid marriage, recognized by Philippine laws, with a Filipino citizen. The child/ren of such foreign national and Filipino citizen who is/are unmarried and under 21 years old may likewise avail of a TRV.

The general requirements for a Philippine TRV application are as follows:

1. Joint request letter addressed to the Commissioner of the Bureau of Immigration from the applicant and the petitioning Filipino spouse;

2. Duly accomplished Consolidated General Application Form;;

3. Photocopy of passport bio-page, visa implementation page and latest admission/arrival;

4. Original and photocopy of applicant’s Filipino spouse’s birth certificate issued by the Philippine Statistics Authority;

5. Original and photocopy of marriage certificate;

6. Valid NBI Clearance of the applicant;

7. Joint affidavit of continuous cohabitation of applicant and the petitioning spouse;

8. Clearance Certificate from the Bureau of Immigration; and

9. Original or certified true copy of Bureau of Quarantine Medical Clearance, if applicant is a national of any of the countries listed under Annex “A” of Immigration Operations Order No. SBM-14-059-A who arrived in the Philippines on or after June 2014.

A PRV will allow the applicant to stay in the Philippines indefinitely. However, the PRV holder must comply with all the conditions of the visa for the duration of their stay.

The validity of a Temporary Resident Visa in the Philippines, on the other hand, varies. Generally, it is valid for a probationary period of one (1) year. Thereafter, it may be extended every two (2) years. For specific instances, however, such as the one pursuant to Bureau of Immigration Memorandum Order No. Add-01-038, an Indian national who is married to a Filipino citizen can apply for a conversion to a five-year TRV.

Note that the applicant must have a valid Philippine visa (i.e., tourist visa) for at least one month upon application for PRV or TRV.

The requirements for the processing of Philippine PRV and TRV may seem daunting, given that the ones abovementioned are just the general requirements and these vary depending on which state the applicant is from. Determining the right type of visa to apply for also requires a careful study of variables to be considered. In order to seamlessly handle your visa application, it is best to consult and be assisted by a Philippine immigration lawyer.

*Arceo and Irasusta Law Firm is a Philippine immigration law office in Quezon City that serves clients anywhere in the Philippines and abroad. Its lawyers have extensive experience in preparing, compiling, and processing the requirements for visa and permanent residence applications in various countries. Our Philippine immigration attorneys have successfully processed numerous visa applications catered to the individual concerns and factual background of clients. Should you wish to seek the assistance of a Philippine immigration law firm for your visa application needs, you may contact us at lawfirm@arceotandoc.com.