Zee As a foreign national married to a Filipino citizen, you are eligible for a 13A Resident Visa, a long-term visa that allows you to stay in the Philippines indefinitely. However, you will need to renew your visa every year and you will also be required to prove that your marriage is genuine and that you can financially support yourself and your spouse.
Once you have the 13A Non-Quota Immigrant Visa, you will have the same rights and privileges as a Filipino citizen, except the right to vote and run for public office.
Obtaining this visa can take some time. You’ll need to provide the proper documentation, such as your marriage certificate, proof of financial support, and a clear criminal record.
Also, it’s important to note that this is a general overview of the process, and it’s best to check with the Philippine embassy or consulate in your country for specific requirements and procedures.
What Is a Philippine 13A Non-Quota Immigrant Visa?
A 13A Non-Quota Immigrant Visa is a permanent resident visa that allows foreign nationals to reside in the Philippines indefinitely. It is granted to a foreign spouse of a Filipino citizen under Section 13 of the Philippine Immigration Act.
This visa is issued by the Bureau of Immigration of the Philippines, and the foreign spouse of a Filipino citizen can obtain it. The foreign spouse must apply for the visa at the Philippine Embassy or Consulate in their home country.
To obtain this visa, the foreign spouse must submit the following documents:
- Fully accomplished Visa Application Form (2 copies)
- Original passport of applicant (with at least six months validity)
- Photocopy of Filipino spouse’s passport (2 copies).
- Marriage certificate. If the marriage occurred in the Philippines, obtain a Marriage Certificate from the Philippine Statistics Authority (PSA) authenticated by the Department of Foreign Affairs (DFA). If the marriage happened in another country, registered with the Philippine Embassy of the country where the applicant and Filipino spouse got married.
- Birth certificate (original and photocopy)
- Filipino spouse’s birth certificate (original and photocopy)
- Proof of financial status
- Police clearance from the country of origin
- 2 Passport-sized colored photo
- Proof of annulment of marriage if the Filipino spouse’s previous marriage was annulled.
- Secondary evidence of the applicant’s admissibility, citizenship, and identity.
- A medical examination report accomplished by a physician.
- 13A Visa application fee.
- A clear criminal record.
- Other relevant documents as required by the Philippine Embassy/Consulate
After submitting the required documents, you will be scheduled for an interview with a BI officer.
The process may vary depending on your location, and you should check with the local Bureau of Immigration office for the most up-to-date information.
Once approved, the visa will be stamped on the passport, and the holder will be allowed to enter the Philippines. The holder must then register with the Bureau of Immigration in the Philippines and obtain an Alien Certificate of Registration (ACR) and an Immigration Certificate of Residence (ICR) within 30 days of entry.
The 13A Non-Quota Immigrant Visa needs to be renewed every two years, and the holder must meet the requirement for the renewal, such as having an updated ACR and ICR and having a clear criminal record.
Do I Have to Pay a Yearly Fee for the 13A Non-Quota Immigrant Visa?
You do not have to pay a yearly fee for a 13(a) Non-Quota Immigrant Visa. This type of visa is issued to the foreign spouse of a Filipino citizen and grants the holder the ability to live and work in the Philippines indefinitely. Once you have obtained a 13(a) Non-Quota Immigrant Visa, you are not required to pay any annual fees to maintain your visa.
However, you will be required to renew your ACR I-Card, the Alien Certificate of Registration Identity Card, every year. You will have to pay an annual fee for the renewal of your ACR I-Card. The fee for the renewal of the ACR I-Card is subject to change and can be verified with the Bureau of Immigration.
The fee for the renewal of the Alien Certificate of Registration Identity Card (ACR I-Card) is subject to change. It can vary depending on the current regulations of the Bureau of Immigration, the processing location, and other factors. As of 2021, the fee for renewal of ACR I-Card for foreign nationals is around PHP 3,030.00.
Note that this fee is subject to change, and you should verify the current fee with the Bureau of Immigration before applying for renewal of your ACR I-Card. It’s also recommended to consult with a lawyer or immigration specialist familiar with the process to ensure compliance and avoid any issues.
It’s always good to stay up to date with the fees and process of renewal of the ACR I-Card, as well as with the other immigration regulations that may be subject to change.
Can My 13A Non-Quota Immigrant Visa Be Revoked?
The Bureau of Immigration of the Philippines has the authority to revoke or cancel a visa if the holder fails to comply with the conditions of the visa or if it is found that the visa was obtained through fraud or misrepresentation.
Examples of reasons for revocation include:
- The holder engages in illegal activities or violates Philippine laws
- The holder fails to renew the visa on time
- The holder is no longer married to the Filipino spouse
- The holder violates the conditions of their stay, such as overstaying or working without proper authorization.
It is vital to keep updated with the visa requirements and comply with the visa conditions to avoid revocation.
How Do I Get a Marriage Certificate in the Philippines?
In the Philippines, to obtain a marriage certificate, you will need to provide the following documents:
- A marriage license issued by the local civil registry office (obtained before the wedding ceremony)
- The original and two photocopies of the wedding contract or marriage certificate signed by the officiating officer
- The original and two photocopies of the marriage license
- Two valid government-issued identification cards for both the bride and groom
- If the bride or groom is a foreigner, they must also provide a certificate of legal capacity to contract marriage from their embassy.
Once you have the required documents, you can submit them to the local civil registry office where the marriage occurred. The office will then issue a certified copy of the marriage certificate, which you can use for legal and official purposes.
How Do I Get a Certificate of Legal Capacity to Contract Marriage from My Embassy?
To obtain a certificate of legal capacity to contract marriage from your embassy, you will need to provide the following documents:
- A valid passport or government-issued ID
- Birth certificate
- If previously married, a divorce decree or death certificate of the previous spouse
- A certificate of no impediment or single status certificate issued by your country’s government
- A fee may be required, depending on the embassy’s policy
You will need to contact your embassy in the Philippines for more details on the specific requirements and process. They may have additional documents or particular forms that you need to fill out and submit. It’s advisable to contact them as soon as possible and make an appointment if necessary to avoid any delays.
How Do I Get Proof of Financial Support if I Want to Marry a Filipino Citizen and Stay in the Philippines?
To provide proof of financial support when marrying a Filipina, you must show that you have the means to support your spouse financially. This may include:
- A letter from your employer stating your current salary and job position
- Bank statements or other financial documents that demonstrate your savings or income
- Tax returns or other financial documents that show your assets and net worth
- A notarized affidavit of support, which is a legal document in which you pledge to support your spouse financially
It is important to note that the specific requirements for proof of financial support may vary depending on the embassy or government agency you are dealing with. It’s advisable to check with them for the specific documentation they require.
Important Note: The Philippine government has implemented the Republic Act No. 10906 or the Anti-Mail Order Bride Law, which requires the foreign national to submit a certification from the embassy of the foreign national that states the laws of the foreign national country do not prohibit marriage between the foreign national and the Filipino.
Can I Own Property in the Philippines While Married to a Filipino?
You can own property in the Philippines while married to a Filipina. Foreigners are allowed to own property in the Philippines, subject to certain conditions and restrictions. Additionally, suppose you are married to a Filipina. In that case, any property you acquire during the marriage will be considered jointly owned by you and your spouse unless otherwise specified in a prenuptial agreement.
As a foreigner, you are generally allowed to own property in the Philippines, but there are some restrictions and limitations on the type of property you can own:
Condominium units: Foreigners can own a condominium unit in the Philippines, provided that the total foreign ownership in the condominium corporation does not exceed 40%.
Leasehold properties: Foreigners can also lease land in the Philippines for up to 50 years, with an option to renew for an additional 25 years.
Other properties: Foreigners are prohibited from owning land in the Philippines. However, they can hold different property types, such as townhouses, apartments, or houses built on leased land.
It is essential to consult a lawyer or real estate agent familiar with the laws and regulations of foreign property ownership in the Philippines.
Is a Work Visa Required for Employment in the Philippines?
As a foreigner married to a Filipina, you may be able to work in the Philippines without a work visa, but it depends on your specific situation.
If you are married to a Filipina and have a valid long-term visa, such as a 13(a) Non-Quota Immigrant Visa, you may be able to work in the Philippines without a work visa.
If you do not have a 13(a) Non-Quota Immigrant Visa, you will need to obtain a work visa to work legally in the Philippines. The most common types of work visas are the Alien Employment Permit (AEP) and Special Work Permit (SWP). An AEP is required for all foreign nationals who wish to work in the Philippines, while an SWP is needed for short-term or specialized work.
It is important to note that obtaining a work visa or 13(a) Non-Quota Immigrant Visa can be complex. It is advisable to consult a lawyer or immigration specialist with experience in handling foreign worker applications in the Philippines.
How Much Tax Will I Have to Pay if I Work in the Philippines?
As a foreigner working in the Philippines, you will be subject to the same taxes as Filipino citizens. The Philippines has a progressive income tax system, where the amount of tax you owe is based on your income level. The income tax rate for individuals ranges from 5% to 35%, depending on the income earned.
In addition to income tax, you may also be required to pay value-added tax (VAT) on goods and services and excise taxes on certain products such as alcohol and tobacco.
As a foreign resident, you may also be eligible for tax treaty benefits with your home country. The Philippines has Double Taxation Agreements (DTA) with many countries, which can help to prevent you from being taxed on the same income in both your home country and the Philippines.
It is essential to consult with a tax professional familiar with the tax laws and regulations in the Philippines, as well as the DTA between the Philippines and your home country, to ensure that you are aware of and in compliance with your tax obligations.
Do I Have to Pay Taxes as a Retiree Married to a Filipina?
As a retiree married to a Filipina, you may be required to pay taxes on any income you receive from sources within the Philippines, regardless of whether the income is received jointly or separately. However, the amount of tax you owe will depend on your specific situation and the tax laws and regulations in the Philippines.
Foreign residents are generally taxed on their worldwide income, regardless of where it originates, including any income from a spouse. Therefore, you will be required to report and pay taxes if you receive a pension, rental income, or any other income from sources outside the Philippines.
However, certain exemptions or deductions may be available to foreign retirees, such as the Special Resident Retiree’s Visa (SRRV) program, which provides specific tax incentives to retirees with certain qualifications.
It’s also important to note that the Philippines has Double Taxation Agreements (DTA) with many countries, which can help to prevent you from being taxed on the same income in both your home country and the Philippines.
Is It Permissible for Me to Enter and Exit the Philippines at Any Time?
As a holder of a 13(a) Non-Quota Immigrant Visa, you should generally be free to travel in and out of the Philippines. Still, it depends on the specific regulations of the Bureau of Immigration.
The 13(a) Non-Quota Immigrant Visa grants you the ability to live and work in the Philippines indefinitely. However, you will need to renew your ACR I-Card annually and keep it valid as it serves as proof of your legal status in the Philippines.
When you leave the Philippines, you may need to secure an Emigration Clearance Certificate (ECC) before you depart. This certificate is issued by the Bureau of Immigration and confirms that you do not have any outstanding liabilities or obligations before you leave the Philippines.
It’s also worth noting that certain countries may have travel restrictions due to the COVID-19 pandemic or other reasons, so it’s always good to check the latest travel restrictions and requirements before planning any trip.
It is always advisable to check with the Bureau of Immigration and consult a lawyer or immigration specialist with experience handling foreign worker applications in the Philippines to ensure compliance with all the requirements and regulations before traveling.
It’s always good to stay informed and up-to-date with the laws and regulations that may affect you while living in the Philippines, as they may change over time.
What Other Visas Can Foreign Nationals Get in the Philippines?
There are several types of visas available to foreign nationals in the Philippines. Some of the most common include:
- Tourist Visa: This is issued to foreign nationals who wish to visit the Philippines for leisure, sightseeing, or visiting friends and relatives.
- Business Visa: This is issued to foreign nationals who wish to conduct business in the Philippines, such as attending business meetings or conferences.
- Student Visa: This is issued to foreign nationals who wish to study in the Philippines.
- Special Resident Retiree’s Visa (SRRV): This is issued to foreign nationals who wish to retire in the Philippines and enjoy certain privileges, such as multiple entries and the right to engage in business activities.
- Alien Employment Permit (AEP): This is issued to foreign nationals who wish to work in the Philippines. It is a requirement for obtaining a work visa.
- Pre-arranged Employee Visa (PEV): This visa is issued to foreign nationals working in the Philippines. This visa is sponsored by a company that will employ foreign nationals.
These are just a few examples, and other types of visas may be available depending on the individual’s visit purpose and qualifications.
How Do I Get in Touch with the Philippine Bureau of Immigration?
There are several ways to contact the Bureau of Immigration (BI) in the Philippines:
- Phone: You can call the BI’s main office at +63 2 8526-3131 to speak with a representative.
- Email: You can send an email to the BI at immigration.assistance@gmail.com
- Online: You can visit the BI’s website at www.immigration.gov.ph to find more information about their services and to access online forms and applications.
- In-person: You can visit a BI office to speak with a representative or submit an application. BI has several offices throughout the Philippines. You can find the nearest office by visiting the BI’s website or calling their main office.
