A Guide to the 13a Marriage Visa in the Philippines
Securing residency in a foreign country can present a complex series of procedures. However, a clear understanding of the requirements can significantly simplify the process. For foreign nationals married to Filipino citizens, the 13a Marriage Visa provides the legal basis for establishing long-term residence in the Philippines. This visa category permits the holder to reside and, ultimately, seek employment within the country, offering a stable foundation for their life with their spouse.
- What is the 13a Marriage Visa?
- Benefits of Marriage (13a) Visa
- Eligibility Requirements
- General Prerequisites
- Application Process
- Frequently Asked Questions
What is the 13a Marriage Visa?
The 13(a) visa allows foreign nationals married to Filipino citizens to obtain permanent residency and the right to work in the Philippines. Initially, the visa is granted on a probationary one-year basis. After this period, and upon successful evaluation, it can be converted to a permanent resident visa, granting you long-term stability in the country.
However, aside from the 13(a) visa, foreign nationals may also apply for work permits and other types of visas, each with its own specific requirements.
Benefits of Marriage (13a) Visa
Obtaining a Section 13(a) visa offers substantial advantages beyond mere residency in the Philippines. The key benefits include:
- Right to Reside. The visa holder is granted the right to reside in the Philippines indefinitely, which eliminates the need for periodic renewal of temporary stay visas.
- Employment Privileges: Holders of this visa are eligible to engage in gainful employment, provided that they secure an AEP Exclusion Card from the Department of Labor and Employment (DOLE).
- Property Ownership Rights. While foreign nationals are generally prohibited from owning land, a Section 13(a) visa holder may co-own property with their Filipino spouse and can be included on the land title in a limited capacity as permitted by law.
- Unrestricted Travel. The visa holder is permitted to exit and re-enter the Philippines without the necessity of obtaining new entry visas, provided their permanent residency status remains valid.
- Pathway to Citizenship. After fulfilling a statutory period of permanent residency, the holder may become eligible to apply for naturalization as a Filipino citizen.
Eligibility Requirements
To be eligible for the Section 13(a) visa, applicants must meet the following requirements:
- The applicant must be a foreign national who has entered a valid marriage with a citizen of the Philippines, as recognized under Philippine law.
- The Filipino spouse must be a resident of the Philippines.
- The applicant must not be classified as an “excludable alien” under the Philippine Immigration Act, which includes individuals with criminal records or those afflicted with dangerous, contagious diseases.
- The applicant’s country of origin must have a reciprocal agreement with the Philippines that grants Filipino citizens the right to apply for permanent residency.
General Prerequisites
The accurate compilation of required documentation is essential for an efficient application process. The following documents are typically required:
I. Applicant’s Documents (Foreign National Spouse)
- A duly accomplished and notarized Consolidated General Application Form (BI Form CGAF-001-Rev 1).
- A clear photocopy of the applicant’s passport bio-page, as well as pages indicating the latest admission stamp and valid authorized stay.
- A valid National Bureau of Investigation (NBI) Clearance required if the applicant has resided in the Philippines for six (6) months or more from the date of their most recent arrival.
- A Bureau of Immigration (BI) Clearance Certificate.
II. Filipino Spouse’s Documents
- Original Birth Certificate issued by the Philippine Statistics Authority (PSA).
- A valid government-issued identification card (e.g., Philippine Passport, SSS ID, GSIS ID, Voter’s ID).
III. Joint Documentary Requirements
- Original Marriage Certificate issued by the PSA. For marriages solemnized abroad, the marriage certificate must be duly apostilled or authenticated by the appropriate Philippine Embassy or Consulate in the country where the marriage took place.
- A joint letter of request, signed by both the applicant and the Filipino spouse, addressed to the Commissioner of the Bureau of Immigration.
Application Process
The application must be filed in person at the Bureau of Immigration (BI) Main Office in Manila or at a designated BI district or satellite office. The standard procedure is outlined below:
- Secure and Complete Application Forms. Obtain the Consolidated General Application Form (CGAF) from the official Bureau of Immigration website or directly from a BI office. The form must be completed with accuracy.
- Submit Required Documentation. Present the completed application form along with all necessary supporting documents at the appropriate BI office. A receiving officer will conduct a preliminary review to ensure all required items are present.
- Payment of Fees. Upon successful pre-screening of your documents, you will be issued an Order of Payment Slip (OPS). Proceed to the cashier to remit the required fees and obtain an official receipt. These fees pertain to the application processing, visa issuance, and the ACR I-Card.
- Attend the Scheduled Hearing/Interview. The applicant and their Filipino spouse are required to attend a scheduled interview. The purpose of this step is to verify the authenticity of the marital union and the submitted application.
- Biometric Data Capturing. The applicant will undergo the capture of biometric data, which includes fingerprinting and having a photograph taken for the Alien Certificate of Registration Identity Card (ACR I-Card).
- Await Application Approval. Following the interview and biometric data capture, the application will be submitted for final review and approval. The status of the application can typically be monitored through the BI’s online portal.
- Receive Visa and ACR I-Card. Upon approval, the applicant’s passport will be stamped with the probationary 13a visa. A notification will be issued regarding the collection of the ACR I-Card once it becomes available.
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Frequently Asked Questions
Who is eligible to apply for a Section 13(a) visa?
To qualify for a 13(a) visa, you must be a foreign national legally married to a Filipino citizen, with the marriage recognized under Philippine law. Your Filipino spouse must reside in the Philippines, and you must not be deemed an “excludable alien” under the Philippine Immigration Act.
What does it mean to be an "excludable alien"?
Under Philippine immigration law, this applies to individuals deemed inadmissible to the country. Common reasons for exclusion include a criminal record, a dangerous contagious disease, or being considered a public charge.
What if the marriage took place outside the Philippines?
If your marriage took place abroad, your Marriage Certificate must be authenticated or apostilled by the Philippine embassy or consulate in the country where it was solemnized. It must then be registered with the Philippine Statistics Authority (PSA).
Is the Section 13(a) visa permanent right away?
No, it is initially issued on a one-year probationary basis. After this period, you must apply to convert your status to permanent residency, subject to a successful evaluation and the ongoing validity of your marriage.
What are the advantages of a 13(a) visa?
The Section 13(a) visa allows long-term residency in the Philippines. Once converted to permanent status, it enables you to live, work, and own property (within constitutional limits) without the need to reapply for visas or permits, offering a stable legal foundation for life with your Filipino spouse.