I. Legal Basis

The spousal visa in the Philippines is formally known as the Non-Quota Immigrant Visa under Section 13(a) of the Philippine Immigration Act of 1940 (Commonwealth Act No. 613, as amended).

Section 13(a) expressly provides that the lawful spouse of a Philippine citizen is entitled to enter and reside indefinitely in the Philippines as a non-quota immigrant, provided the marriage is valid and subsisting.

This visa is the only legal pathway for a foreign national married to a Filipino citizen to acquire permanent residence status in the Philippines without being subject to annual immigration quotas.

II. Types of 13(a) Visa

There are two stages:

Probationary 13(a) Visa
- Valid for one (1) year
- Issued to newly-married couples or those whose marriage has not yet reached the permanence threshold required by the Bureau of Immigration
- Considered conditional upon the continued subsistence of the marriage
Permanent 13(a) Visa
- Indefinite validity (no expiration, though the ACR I-Card must be renewed every 5 years)
- Issued after the probationary visa holder proves that the marriage remains valid and subsisting after the one-year probationary period
- Confers full permanent resident status equivalent to that of a Filipino citizen for immigration purposes (except voting and running for public office)

III. Eligibility Requirements

The foreign spouse must prove:

The marriage is valid under Philippine law
- If celebrated in the Philippines: PSA-authenticated Marriage Certificate
- If celebrated abroad: Marriage must be reported to the Philippine Embassy/Consulate with jurisdiction or registered via Judicial Recognition of Foreign Marriage (Rule 108, Rules of Court) or Report of Marriage with the PSA
- Same-sex marriages are not recognized under Philippine law (Article 1, Family Code) and therefore do not qualify for 13(a), even if validly celebrated abroad
The marriage is subsisting (not legally dissolved or annulled)
The Filipino spouse is a citizen of the Philippines at the time of application and throughout the processing
No derogatory record or ground for exclusion under Section 29(a) of the Immigration Act (e.g., conviction of crime involving moral turpitude, practicing polygamy, etc.)
The couple has the financial capacity to live in the Philippines without becoming a public charge (this is now scrutinized more strictly than in previous years)

IV. Required Documents (Updated 2025 Checklist)

A. Core Documents (always required)

Duly accomplished Consolidated General Application Form (CGAF)
Valid passport of the foreign spouse (at least 6 months validity)
PSA-authenticated Marriage Certificate (or authenticated Report of Marriage if celebrated abroad)
PSA-authenticated Birth Certificate of the Filipino spouse
Valid NBI Clearance of the Filipino spouse (issued within the last 6 months)
Bureau of Immigration Clearance Certificate (for both spouses)
Proof of Filipino citizenship of petitioner (Philippine passport, Voter’s ID, or PSA Birth Certificate + valid government ID)

B. Additional Documents Commonly Required

Joint Affidavit of Support executed by the Filipino spouse with proof of income/financial capacity (bank certificates, ITRs, employment certificate, property titles, remittances, etc.)
Police clearance from country of origin or residence (apostilled/authenticated)
Medical examination report from a DOH-accredited hospital/clinic (including chest X-ray, HIV, etc.)
Proof of relationship (photos, chat logs, travel records together, joint bank accounts, etc.) – increasingly required in practice
If previously married: CENOMAR of both spouses + authenticated divorce decree or death certificate + annotation on PSA records (for foreign divorces involving Filipinos, judicial recognition is required under Article 26, Family Code)

C. For Minor Unmarried Children (derivative 13(g))
Children under 21 years old may be included. Additional requirements: PSA birth certificate, affidavit of consent from the other biological parent if applicable, and proof of dependency.

V. Application Procedure

There are three common scenarios:

Scenario 1: Foreign spouse is abroad (Consularized Application)

Filipino spouse files petition at the Bureau of Immigration Main Office in Intramuros, Manila
BI endorses the approved petition to the Philippine Embassy/Consulate abroad
Foreign spouse applies for the 13(a) visa at the Philippine Embassy/Consulate
Upon issuance, enters the Philippines and implements the visa at BI within 30 days (ACR I-Card issuance)

Scenario 2: Foreign spouse is already in the Philippines on tourist visa (most common)

File petition at Bureau of Immigration Main Office or qualified satellite offices (e.g., Cebu, Davao, Clark)
Attend personal appearance and interview (both spouses required)
BI conducts verification (sometimes including home visit or neighborhood investigation)
Upon approval, Order of Approval issued → payment → visa implementation → ACR I-Card

Scenario 3: Downgrading from another visa type (e.g., 9(g) pre-arranged employment)
Same process as Scenario 2, but with additional exit clearance from previous sponsor.

Current processing time (2025): 3–8 months on average. Delays are common when additional documents are required.

VI. Fees (2025 Schedule – Bureau of Immigration)

Application fee: PHP 8,620 (probationary) / PHP 8,120 (permanent conversion)
ACR I-Card (first issuance): USD 50 or equivalent
Visa implementation fees: approx. PHP 2,000–3,000
Express lane fee (optional): PHP 10,000 (reduces processing to ~1–2 months)
Annual Report (every January): PHP 300 + PHP 1,000 penalty if late
Emigration Clearance Certificate (ECC) when leaving permanently: PHP 1,210

VII. Rights and Obligations of 13(a) Visa Holders

Rights

Indefinite stay in the Philippines
Multiple entry/exit privileges
Right to work without separate Alien Employment Permit (AEP)
Right to own real property (except land, subject to Constitutional restrictions)
Entitlement to public education and health services at resident rates
Pathway to naturalization after 5–10 years of continuous residence

Obligations

Annual Report in person every January (or within 60 days after birthday for permanent holders)
Report change of address within 10 days
Surrender ACR I-Card upon renunciation or loss of status
Maintain subsisting marriage (permanent visa may be revoked upon legal separation, annulment, or divorce recognized by Philippine courts)

VIII. Common Grounds for Denial or Revocation

Sham or fraudulent marriage
Failure to prove financial capacity
Discovery of bigamy or prior subsisting marriage
Criminal record or derogatory information
Failure to attend interview or submit additional evidence
Marriage contracted solely for immigration purposes (BI now routinely conducts credibility interviews)

IX. Special Cases and Recent Developments (2023–2025)

Stricter financial capacity requirement: BI now routinely requires at least PHP 50,000–100,000 monthly proven income or substantial assets
Increased scrutiny of age-gap marriages (>20 years difference)
Online appointment system mandatory via e-services.immigration.gov.ph
Digital ACR I-Card with QR code rolled out in 2024
Same-sex spouses remain ineligible even after Obergefell or Coman-type foreign judgments
Foreigners previously blacklisted or deported are permanently barred from 13(a)

X. Practical Recommendations

Marry first in the Philippines if possible (civil wedding before a mayor or judge is fastest).
Engage a reputable immigration lawyer or accredited liaison officer – the process is document-heavy and BI officers have wide discretion.
Prepare for a credibility interview: be ready to answer detailed questions about your relationship timeline, family backgrounds, and future plans.
Budget at least PHP 50,000–80,000 total for fees, medical, and legal assistance.
Never overstay your tourist visa while waiting – it will jeopardize the 13(a) application.

The 13(a) spousal visa remains the most secure and straightforward path to permanent residence for foreign nationals genuinely married to Filipino citizens. When properly documented and supported by a bona fide marital relationship, approval rates remain high. However, any hint of fraud or insufficiency in financial proof will almost certainly result in denial.