13-A Non-Quota Immigrant Visa
Permanent‐Residence Conversion & the Need for an Extension While the Petition Is Pending
(Philippine Immigration Law overview as of 18 June 2025)
1. Statutory Basis
| Provision | Key Points |
|---|---|
| § 13(a), Commonwealth Act No. 613 (Philippine Immigration Act of 1940) | Authorises admission of the foreign spouse (and minor unmarried children) of a Filipino citizen as non-quota immigrants. |
| § 9 & § 10 of the same Act | Empower the Bureau of Immigration (BI) to impose conditions, issue extensions, and cancel visas. |
| BI Memorandum Circulars (e.g., MCL-07-021, MCL-19-121) | Operational guidelines: probationary vs. permanent 13-A, documentary requirements, biometrics and ACR I-Card rules. |
| Executive Order 324 (1988) | Affirms the 13-A visa holder’s indefinite stay once permanent status is granted, subject to immigration laws. |
2. Life-cycle of a 13-A Visa
Probationary Admission (Initial Grant)
- Valid for one (1) year from the date of implementation (the actual BI stamp), not from approval date.
- Newly married couples (<5 data-preserve-html-node="true" years) receive only probationary status.
- An Alien Certificate of Registration I-Card (ACR) bearing the “13A Probationary” notation is issued.
Application for Conversion to Permanent Resident
File within one month before the probationary visa expires.
Core documents:
- Consolidated General Application Form (CGAF) – with notarised signature
- Joint letter request of the Filipino spouse under oath
- PSA-issued Marriage Certificate (or foreign certificate duly apostilled and authenticated at DFA)
- Proof of Filipino spouse’s citizenship (PSA Birth Certificate or PH passport)
- Latest BI-issued clearance certificate (no derogatory record)
- National Bureau of Investigation (NBI) clearance if applicant has stayed ≥ 6 months
Payment of conversion fees and issuance of a new ACR I-Card (Permanent).
BI Evaluation & Approval
- Average adjudication: 2 – 6 months (longer if the case is transferred to the BI Board of Commissioners or the applicant resides outside Metro Manila).
3. Why an Extension Becomes Necessary
| Scenario | Consequence without Extension | Legal Mechanism |
|---|---|---|
| Conversion still pending past the probationary expiry | Entry becomes irregular; applicant begins to overstay and accrue fines (≈ ₱500/day + BI fees). | Applicant must obtain a 13-A Probationary Extension (commonly one year) or Provisional Permit to Stay (PPS) pending decision. |
| Applicant needs urgent travel before conversion is approved | Departure automatically cancels the pending petition; re-entry reverts the person to tourist status, requiring a fresh 13-A filing. | Secure a Re-entry Permit (RP) + Special Return Certificate (SRC) endorsed by the BI OIC allowing the applicant to leave and return without abandoning the petition. |
4. The 13-A Probationary Extension
When to File
- Earliest: 45 days before expiry
- Latest: On or before the last valid day (BI will accept up to the last working hour but best practise is ≥7 days lead time).
Documentary Requirements
- Duly accomplished CGAF (Extension tick-box)
- BI order of approval or official receipt of the pending conversion application
- Updated NBI clearance if cumulative stay ≥ 1 year from last NBI issuance
- ACR I-Card (original + photocopy)
- Photocopy of passport bio-page and latest visa stamp
- BI Clearance Certificate (printed the day of filing)
Fees & Charges (FY 2025 schedule; subject to BI revised updates)
Item Approx. Amount (₱) Visa Extension Fee 4 000 ACR I-Card Re-issuance (label changes to “13A Probex”) 3 500 Express Lane surcharge (optional) 1 000 Legal Research Fee, CIO Misc. Fees 400–600 Effect of Approval
- Grants another 1-year stay with the same rights and restrictions as the original probationary visa.
- Maintains continuity of the 13-A status, so the pending conversion retains its date of filing.
- A new expiry date is stamped; the clock for Annual Report (Jan – Mar) continues normally.
5. Duties & Privileges While the Petition Is Pending
| Privilege | Available? | Notes |
|---|---|---|
| Right to work | ✔ | 13-A holders are immigrants, not temporary visitors; a separate Alien Employment Permit (AEP) from DOLE is still required unless covered by an exemption (e.g., working exclusively for the Filipino spouse’s business). |
| PhilHealth / SSS voluntary membership | ✔ | Use the ACR I-Card for identification. |
| Bank accounts / real-property transactions | ✔ | Same as any foreign resident, subject to constitutional land-ownership limits. |
| Annual Report (AR) | Mandatory | Every 1 Jan – 1 Mar at BI; penalty for late AR is ₱200 + monthly surcharge. |
6. Common Pitfalls
Late Filing or Gap in Status
- Overstay penalties rack up quickly; BI may impose a Watchlist Order for habitual defaulters.
Departure Without Proper Permits
- Automatically voids both the probationary visa and the pending conversion.
Failure to Update Civil Status
- Divorce abroad (if recognised in PH) or death of the Filipino spouse ends eligibility; the foreign national must downgrade to tourist status or apply under another visa category (e.g., § 13(g) returning resident).
Non-Filipino Spouse Residing in the Province
- Filing through BI field offices is allowed, but adjudication is centralised in Manila; mail delays can drag the case past expiry—hence the need to request extension early.
7. Remedies When Conversion Is Denied
- Motion for Reconsideration (MR) within 15 days of receipt of the denial order.
- Appeal to the Department of Justice (DOJ) if MR is denied.
- During appeal stages, apply for a Provisional Permit to Stay (PPS) every six months to avoid unlawful presence.
8. Practical Timeline Illustration
| Day/Month | Action |
|---|---|
| Day 0 | Probationary 13-A implemented. |
| Month 11 | Gather docs, request NBI clearance. |
| Month 12 – Day -30 | File conversion to permanent. |
| Expiry – Day -7 | If no resolution yet, submit Probationary Extension. |
| +3 – 4 months | BI releases Order approving permanent visa; pay fees, capture biometrics for Permanent ACR I-Card. |
9. Tips From Practitioners
- Always keep scanned copies of all BI receipts and orders; future BI clearances will list any unpaid balances.
- If travelling while conversion is pending is unavoidable, schedule the trip after the probationary extension is approved and obtain an RP + SRC in one visit.
- Join the BI’s text-blast or e-mail alert service; they send notices when orders are ready for pickup.
- The BI rarely issues refunds; double-check fee assessments before paying.
10. Frequently Asked Questions
| Question | Answer (concise) |
|---|---|
| Can I work while only the extension is approved but conversion still pending? | Yes, but secure/renew your AEP with DOLE. |
| Must my Filipino spouse appear each time? | Personal appearance is required for the original conversion; for extensions, a notarised letter & spouse’s ID copies suffice, but BI may still subpoena appearance. |
| Does a new child automatically get 13-A status? | No; legitimate minor children of the foreign spouse must file a 13-A derivative petition in their own right. |
| What if we permanently relocate outside the Philippines? | Secure a downgrade to tourist or cancellation to avoid blacklist issues upon future visits. |
11. Conclusion
A 13-A visa is the most straightforward path to permanent residence for a foreign spouse in the Philippines, but the processing timeline often outlasts the initial one-year probationary validity. Proactively filing for a Probationary Extension (or, in urgent cases, securing a Provisional Permit to Stay) preserves lawful status and prevents costly overstay penalties while the Bureau of Immigration resolves the conversion petition. Meticulous compliance with BI documentary, appearance, and reporting requirements—along with thoughtful planning for travel or employment—ensures a smooth transition from probationary to permanent resident status.
Disclaimer: This article is for general information only and does not constitute legal advice. Immigration rules change; always verify current BI circulars or consult a Philippine immigration lawyer before acting.