ISSUANCE OF TEMPORARY RESIDENT VISAS TO CERTAIN ALIENS MARRIED TO PHILIPPINE CITIZENS

1.  This supplements Law Instructions No. 13.

2.  The 1987 Constitution Article 2, Section 12 provides:

“The State recognizes the sanctity of family life and shall protect
and strengthen the family as a basic autonomous social institution.  It
shall equally protect the life of the mother and the life of the unborn
from conception.  The natural and primary right and duty of parents in
the rearing of the youth for civil efficiency and the development of
moral character shall receive the support of the Government.”

3.  The Immigration Act, Section 13 (a) thus provides:

“SEC. 13.      Under the conditions set forth in this Act, there
may be admitted into the Philippines immigrants, termed ‘quota
immigrants’ not excess of fifty (50) of any one nationality or without
nationality for any one calendar year, except that the following
immigrants, termed ‘non quota immigrants’, may be admitted without
regard to such numerical limitations.

“The corresponding Philippine Consular representative abroad shall
investigate and certify the eligibility of a quota immigrant previous to
his admission into the Philippines.  Qualified and desirable aliens who
are in the Philippines under temporary stay may be admitted within the
quota, subject to the provisions of the last paragraph of Section 9 of
this Act.

“(a)    The wife or the husband or the unmarried child under
twenty-one years of age of a Philippine citizen, if accompanying or
following to join such citizen.”

4.  Under the Foreign Service Code of 1983, the
Department of Foreign Affairs periodically draws up a list of the
countries which grant permanent residence and immigration privileges to
Filipinos as well as the countries whose nationals fall under the
category of restricted nationals.  This list is updated periodically.

x x x

Countries not enumerated in the list do not grant permanent residence
and immigration privileges to Filipinos. Under the principal of
reciprocity, nationals of these countries are not granted permanent
residence and Immigration privileges in the Philippines.

x x x

For reasons of national security, restricted nationals are likewise
not granted permanent residence and immigration privileges in the
Philippines.

5.  However, in recognition of the need to give substance to the
Constitutional provision upholding the sanctity of family life and
protecting and strengthening the family as a basic autonomous social
institution while at the same time respecting the principle of
reciprocity and the interests of national security, a national of a
country which does not reciprocally grant permanent residence and
immigration privileges to Filipinos as well as a national of a country
which is classified as restricted, who is the wife or the husband or the
unmarried child under twenty-one years of age of a Philippine citizen,
if accompanying or following to join such citizen, shall be granted a
temporary resident visa (TRV) valid for an initial probationary period
of one (1) year and renewable thereafter for periods not exceeding three
(3) years at one time.

6.  An application for a temporary resident visa (TRV) filed by a
Philippine citizen on behalf of his or her spouse or unmarried child
under twenty-one years of age shall establish the same facts and be
supported by the same documents required to support an application for
immigrant visa under the Immigration Act, Section 13(a), as enumerated
in Law Instructions No. 13, dated 28 February 1988, paragraph 2, and
Immigration Regulations Instructions No. 21, dated 13 April 1988,
relating to the AIDS Clearance Certificate, except that, in addition,
the following documents shall also be submitted:

a.    Clearance from the central government agency of applicant’s
country or place of residence, competent to give information about any
criminal record that applicant may have, duly authenticated by the
Philippine Embassy or Consulate in or closest to applicant’s country.

b.    NBI Clearance

c.    CID Intelligence Clearance

The CID Intelligence Clearance shall be required in lieu of the NICA
Clearance required under Law Instructions No. 13, paragraph 2.

7.  The procedure for processing an application for a temporary
resident visa (TRV) shall be identical to that set forth in Law
Instructions No. 26, dated 18 May 1988, paragraphs 2 to 7.

8.  If the Board of Commissioners finds that the application complies
with the requirements of the Immigration Act, Section 13(a) and that
the applicant has established the facts entitling him to the
authorization, the Board shall grant the application and the
Commissioner shall so inform the applicant.

9.  The Board of Commissioners shall meet on the second and fourth
Mondays of each month to deliberate on the applications for a temporary
resident visa (TRV).  Applications which have been duly heard by the BSI
and for which it has already issued recommendations, shall be
calendared for the immediately succeeding board meetings.

In the event that the decision of the Board of Commissioners is
adverse to the applicant, he may file a motion for reconsideration
within five (5) days from notice of the decision.

10.           The initial one (1) year period of the temporary
resident visa shall be probationary and the Filipino citizen and his
alien spouse and unmarried children below twenty-one years shall be
subjected to background investigation to ascertain that the marriage is
real and not fictitious.  During the one (1) year probationary period,
the alien spouse shall be granted, upon his request, a special work
permit and the unmarried children below twenty-one years shall be
granted, upon the request of their parents, special study permits.

11.           An application for extension of the temporary resident
visa shall be filed with the Board of Special Inquiry at least one (1)
month before the expiration of the authorized stay.  The application
shall set forth such facts as may be necessary to show that the basis
for the grant of the original petition continue to exist.

The application shall be supported by the following documents:

a.    Application form completely filled-up, signed by the Filipino citizen and his alien spouse

b.    Joint affidavit of financial capacity to support executed by
the applicant and the alien spouse with supporting documents such as
income tax return, land titles, contract of employment, salaries,
pensions, and other similar documents.

c.    Birth certificate(s) of children born subsequent to the
approval of the initial one (1) year period or any extensions thereof,
if any.

d.    CID Intelligence Clearance

e.    NBI Clearance

f.     Such other documents as may be deemed necessary and material to an adequate evaluation of the application.

The requirement in a. above, that the application form be signed both
by the Filipino citizen and his alien spouse shall not apply to cases
where the Filipino spouse is dead as evidenced by the appropriate death
certificate or where one of the spouses is temporarily absent from the
Philippines as evidenced by the appropriate duplicate Special Return
Certificate (SRC) and Emmigration Clearance Certificate (ECC).

12.           The BSI shall observe the procedure outlined in Law
Instructions No. 26, dated 18 May 1988, paragraph 2 to 7, with respect
to the disposition of an application for extension.

13.           The Board of Commissioners shall observe the procedure
outlined in paragraphs 8 and 9, above, with respect to the disposition
of an application for extension, except that no application for
extension of a temporary resident visa shall be granted at one time for
more than three (3) years, subject to periodic renewal of not more than
three (3) years at one time.

14.           At any time during the Initial one (1) year
probationary period of the temporary resident visa or any subsequent
extensions thereof, the Board of Commissioners may revoke the temporary
resident visa for any of the following causes;

a.    The subsequent discovery that any of the document presented in support of the application were spurious;

b.    The subsequent discovery that the marriage is fictitious or simulated;

c.    The subsequent discovery that the marriage is void for lack of legal capacity.

d.    The commission by the alien of any act which would constitute a ground for deportation under Section 37;

e.    The conviction by the alien of the offenses defined in Section 45.

15.           The bolder of a temporary resident visa (TRV) shall secure the following documents and pay the following fees:

a.       Upon the approval of the initial one (1) year probationary period —

Alien Certificate of Registration (ACR)				P210.00
		—	for an alien 14 years or over	260.00
		—	for an alien below 14 years	30.00
	ACR booklet			5.25
	Alien head tax
		—	for an alien 16years of age or over, upon each arrival	125.00
	Certificate of Residence
	(Temporary Visitor) (CRTV)			410.00
	Passport visa fee			210.00
	Change of status fee			310.00
	Emmigration Clearance    Certificate (ECC) before each departure			260.00
	Certificate of Exemption (CE)			60.00
		—	for an alien below 14 years, before each departure
	Special Return Certificate (SRC), before each departure			260.00

b.       Upon the approval of each extension not to exceed three (3) years —

	Annual Report fee, to be paid each year		P110.00
	Extension fee, for the extended period, not to exceed three (3) years		1,210.00
	Emmigration Clearance Certificate (ECC), before each departure		260.00
	Certificate of Exemption (CE)		60.00
	—	for an alien below 14 years, before each departure
	Special Return Certificate
	(SRC), before each departure		260.00

 Adopted: 8 June 1988

(SGD.) REGINA PADILLA GERALDEZ
Associate Commissioner