CID LAW INSTRUCTIONS NO. 40, July 28, 1988

ADDITIONAL PERSONS ENTITLED TO SPECIAL STUDY PERMIT

National Administrative Register July 28, 1988
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1.  This supplements Law Instructions No. 35.

2.  In addition to the aliens referred to in Law Instructions No. 35,
the following aliens may, upon proper application, and submission of
supporting documents, be granted the Special Study Permit (SSP):

a.    An alien, his spouse, and unmarried minor child above 7 years
old, who have filed a Notice of Intent to apply for legalization
pursuant to Intelligence Instructions No. 10 and Executive Order No.
324, for the period that his application for legalization is pending,
regardless of the level of education sought to be pursued; provided,
however, that in the event the application is disapproved, the alien
shall no longer be granted the SSP for the semester immediately
following the disapproval of his application.

Supporting documents are:

i.          letter request stating personal circumstances of the applicant;

ii.     true copy of the Notice of Intent to apply for
legalization as specified in Intelligence Instructions No. 10 and true
copy of the application for legalization referred to under the rules and
regulations of the legalization program;

iii.    true copy of the birth certificate of the applicant;

iv.    four (4) copies of the latest photograph of the applicant; and

v.     true copy of passport of the applicant.

b.       An alien, his spouse and unmarried minor child above 7
years old, who have filed a complete application for Special Investor’s
Resident Visa (SIRV) under E.O. No. 226 or the Omnibus Investment Code,
E.O. No. 63 or the Tourist-Related Incentive Law and E.O. No. 1037 or
the Philippine Retirement Authorization Law, for the period that the
application is pending, regardless of the level of education sought to
be pursued, provided, however, that in the event the application is
disapproved, the alien shall no longer be granted the SSP for the
semester immediately following the disapproval of the application.

Supporting documents are:

i.          letter request stating personal circumstances of the applicant;

ii.     true copy of application for SIRV bearing the Board of
Investments (BOI) receiving stamp and certified complete by the BOI; and

iii.    four (4) copies of the latest photograph of the applicant.

c.       An alien who has been recognized as a refugee by the
United Nations High Commissioner for Refugees (UNHCR), his spouse and
unmarried minor child above 7 years old, for the period that the UNHCR
is locating a country for their permanent resettlement, regardless of
the level of education sought to be pursued.

Supporting documents are:

i.          letter request stating personal circumstances of the applicant;

ii.     true copy of the UNHCR certification that applicant has been recognized as a refugee; and

iii.    four (4) copies of the latest photograph of the applicant.

d.       An unmarried minor stepchild of a Filipino citizen i.e.,
the alien child by a previous marriage of an alien who has subsequently
married a Filipino citizen), provided, that the Filipino citizen had
filed with the CID a complete application for the admission of his
spouse as a non-quota immigrant under the Immigration Act, Section 13(a)
or for the issuance to his spouse of a Temporary Resident Visa (TRV)
under Law Instructions No. 33 issued on May 8, 1988 and provided
further, that said unmarried minor stepchild is a dependent of, and
actually resides with the Filipino citizen and his alien spouse.

Supporting documents are:

i.          letter request stating personal circumstances of the applicant;

ii.     true copy of birth certificate of the applicant;

iii.    true copy of application for admission as non-quota
immigrant under Section 13(a) of the Immigration Act of 1940 or for the
grant of a TRV, bearing the CID receiving stamp and certified complete
by the proper receiving clerk;

iv.    joint affidavit executed by the Filipino citizen and his
alien spouse stating that the applicant is their dependent and that they
are financially capable of giving support to the same, including
financing the education for which the SSP is sought; and

v.     four (4) copies of the latest photograph of the applicant.

e.       An unmarried minor stepchild of a former Filipino citizen
(i.e., the alien child by a previous marriage of an alien who has
subsequently married a former Filipino citizen) who is returning to the
Philippines for permanent residence, provided, that the returning former
Filipino citizen has filed with the CID a complete application for his
admission and that of his alien spouse and unmarried minor children as
non-immigrants under R.A. No. 4376, (also referred to as the Immigration
Act, Section 13(g)), and provided further that said unmarried minor
stepchild is a dependent of, and actually resides with the former
Filipino citizen and his alien spouse.

Supporting documents are:

i.          letter request stating personal circumstances of the applicant;

ii.     true copy of birth certificate of the applicant;

iii.    true copy of application for admission as non-quota
immigrant under R.A. No. 4376, bearing the CID receiving stamp and
certified complete by the proper receiving clerk; and

iv.    joint affidavit executed by the former Filipino citizen
and his alien spouse stating that the applicant is their dependent and
that they are financially capable of giving support to the same,
including, financing the education for which the SSP is sought.

f.        An alien above 7 years old who has been admitted into the
Philippines as a temporary visitor in connection with a bona fide
student exchange program, the details of which have been disclosed to
and approved by the Commission on Immigration and Deportation.

Supporting documents are:

i.          letter request stating personal circumstances of the applicant;

ii.     true copy of passport of the applicant;

iii.    letter explaining the detailed features of the student exchange program in which the applicant is a participant.

3.  The other provisions of Law Instructions No. 33 shall be
applicable to the additional categories of the aliens eligible for the
SSP referred to above.

4.  The term “unmarried minor child” as used herein as well as in Law
Instructions No. 35 shall include a child who is legally adopted. For
the purpose of establishing legal adoption, a true copy of the judgment
of the court in the adoption proceedings shall be submitted.

5.  In addition to the documents provided in Law Instructions No. 35,
Section 3(d), the aliens referred to therein shall also submit four (4)
copies of their latest photograph.

Adopted: 28 July 1988

(SGD.) REGINA PADILLA GERALDEZ
Associate Commissioner