Usually, yes—but only in the right Philippine immigration filing scenario. If a foreign spouse is applying inside the Philippines for conversion to a 13(a) Non-Quota Immigrant Visa by Marriage, the Bureau of Immigration (BI) checklist requires a valid NBI Clearance when the application is filed six months or more from the foreign spouse’s first arrival in the Philippines. But NBI Clearance is not a universal substitute for a foreign police clearance. If you are applying through a Philippine Embassy or Consulate abroad, or if the BI officer specifically requires a foreign criminal record certificate for verification, you may still need a foreign police clearance.

The Short Answer

For most foreign spouses filing a 13(a) marriage visa conversion at the Bureau of Immigration in the Philippines, the practical rule is:

Filing situation	Can NBI Clearance be used instead of foreign police clearance?
Filing 13(a) conversion inside the Philippines after staying six months or more	Usually yes for the standard BI checklist, because the BI checklist specifically asks for NBI Clearance
Filing 13(a) visa application at a Philippine Embassy or Consulate abroad	Usually no, because consulates commonly require police clearance from the applicant’s country of residence
Filing inside the Philippines before six months from first arrival	NBI Clearance may not be listed yet, but BI may still ask for additional documents
Applying to amend probationary 13(a) to permanent 13(a)	NBI Clearance is required under the BI permanent amendment checklist
Applicant has criminal history, long residence abroad, multiple nationalities, or unclear identity records	BI may require additional local or foreign clearances

The key is this: follow the checklist of the office where you are filing. Philippine immigration processing is document-driven. The BI Main Office, a BI field office, and a Philippine consulate abroad may ask for different versions of clearance documents.

What Is NBI Clearance?

NBI Clearance is a criminal record clearance issued by the Philippine National Bureau of Investigation. It checks the applicant’s name, fingerprints, and identifying details against Philippine criminal and derogatory records.

It is commonly used for:

Philippine visa applications
Employment
Government transactions
Immigration and residency processing
Work permits and professional requirements

For foreign spouses, NBI Clearance is important because it shows whether the foreign national has a Philippine criminal record or a pending “hit” in the NBI database.

Under the NBI Clearance Citizen’s Charter, applicants generally need valid government-issued identification, biometrics, fingerprint capture, and verification. If there is “No Hit,” release may be very fast. If there is a “Hit,” the applicant may be asked to return on a scheduled date for further verification.

A “hit” does not automatically mean there is a criminal case. It may simply mean the applicant’s name is similar to another person’s name in the database. Foreigners with common surnames, multiple first names, suffixes, or inconsistent passport records should expect possible delays.

What Is Foreign Police Clearance?

A foreign police clearance is a criminal record certificate issued by a foreign country, usually the country where the applicant is a citizen, resident, or has lived for a significant period.

Examples include:

FBI Identity History Summary for the United States
Australian Federal Police National Police Check
ACRO Police Certificate for the United Kingdom
RCMP criminal record check for Canada
Police clearance from the applicant’s country of nationality or residence

A foreign police clearance is different from NBI Clearance because it checks records outside the Philippines. The NBI generally does not certify that the applicant has no criminal record in the United States, Australia, Canada, Europe, or another foreign jurisdiction.

That is why a Philippine NBI Clearance cannot automatically replace a foreign police clearance when the office specifically wants a foreign police record.

Legal Basis for the 13(a) Marriage Visa

The main legal basis is Section 13(a) of Commonwealth Act No. 613, also known as the Philippine Immigration Act of 1940. It allows the wife, husband, or unmarried child under 21 years of age of a Philippine citizen to be admitted as a non-quota immigrant, if accompanying or following to join the Filipino citizen.

In plain English, this is the law behind the 13(a) marriage visa or spouse visa.

The Bureau of Immigration describes the Immigrant Visa by Marriage (13A) as available to a foreign national based on a valid marriage to a Philippine citizen.

The marriage must be valid under Philippine law. Under the Family Code of the Philippines, Executive Order No. 209, marriage has essential and formal requisites, including legal capacity, consent, authority of the solemnizing officer, and a marriage license unless exempt. If the marriage was celebrated abroad, Article 26 generally recognizes foreign marriages validly celebrated under the law of the country where they took place, except those prohibited under Philippine law.

This matters because BI does not approve a 13(a) visa just because the couple says they are married. The marriage must be legally documented and acceptable to Philippine authorities.

Why the Six-Month Rule Matters

For a 13(a) conversion filed inside the Philippines, the official BI checklist for Conversion to Non-Quota Immigrant Visa by Marriage (Probationary) requires:

Joint letter request
Duly accomplished Consolidated General Application Form (CGAF)
Marriage Certificate or Marriage Contract
Birth Certificate or BI-issued Identification Certificate of the Filipino spouse
Passport bio-page and latest admission with valid authorized stay
Valid NBI Clearance, if the application is filed six months or more from the date of first arrival in the Philippines
BI Clearance Certificate
Bureau of Quarantine Medical Clearance, if applicable

The exact BI checklist is available as BI Form V-I-002-Rev 1.1.

The important wording is: “if application is filed six (6) months or more from the date of first arrival in the Philippines.”

This is not counted from:

The wedding date
The date the couple started living together
The date of tourist visa extension
The date the applicant decided to apply
The date the Filipino spouse filed the petition letter

It is tied to the foreign applicant’s arrival in the Philippines, as shown in the passport admission stamp and immigration records.

In practice, if the foreign spouse has already been in the Philippines for six months or more, the BI expects an NBI Clearance because the applicant has had enough Philippine presence for local record checking to matter.

NBI Clearance vs BI Clearance Certificate

Many applicants confuse these two documents. They are not the same.

Document	Issuing office	What it checks	Common use in 13(a) application
NBI Clearance	National Bureau of Investigation	Philippine criminal record/name/fingerprint database	Required if filing after six months or more; also required for permanent amendment
BI Clearance Certificate	Bureau of Immigration	BI derogatory, watchlist, blacklist, immigration records	Required separately by BI
Foreign police clearance	Foreign police/criminal records authority	Criminal record in a foreign country	Usually required by consulates abroad; may be requested by BI for additional verification

The BI Clearance Certificate is issued by the Bureau of Immigration and certifies that a person is not in BI’s derogatory database, list, or record. The BI’s own BI Clearance Certification page lists it as a separate BI service.

So if the 13(a) checklist says both NBI Clearance and BI Clearance Certificate, you need both. Submitting only one can delay the application.

When Foreign Police Clearance Is Still Required

NBI Clearance may be enough for the standard BI checklist when filing inside the Philippines, but foreign police clearance may still be required in these situations.

1. You Are Applying Through a Philippine Embassy or Consulate Abroad

If the foreign spouse applies for a 13(a) immigrant visa before entering the Philippines, the application is usually filed with the Philippine Embassy or Consulate that has jurisdiction over the applicant’s residence.

Consular requirements commonly include a police clearance from the applicant’s country of residence. For example, the Philippine Consulate General in Melbourne lists a fingerprint-based Australian Federal Police clearance as part of its 13(a) Non-Quota Immigrant Application requirements.

This makes sense because the applicant is outside the Philippines. A Philippine NBI Clearance may not show the applicant’s criminal record in the country where he or she has been living.

2. The BI Officer Requires Additional Verification

The BI checklist itself notes that additional supporting documents may be required for further verification and evaluation.

This can happen when:

The applicant has a declared prior criminal record
The applicant’s name appears in a watchlist, hold departure, blacklist, or derogatory database
The applicant has inconsistent names across passport, marriage certificate, birth certificate, divorce decree, or prior immigration documents
The applicant lived in several countries for long periods
The applicant’s prior marriage or divorce history is unclear
The foreign spouse is from a country where document verification is more difficult
The receiving BI office applies a stricter internal interpretation

In these cases, BI may still ask for a foreign police clearance, court disposition, affidavit of explanation, or authenticated records from abroad.

3. You Are Filing Before Six Months and BI Wants Background Proof

The official BI probationary checklist says NBI Clearance is required if filing six months or more from first arrival. If filing earlier than six months, the checklist may not require NBI Clearance yet.

However, that does not mean BI is prohibited from asking for more documents. A foreign police clearance may become relevant if the officer wants proof of the applicant’s background before the applicant established a Philippine record.

4. The Applicant Has a Prior Criminal Case Abroad

If there is any past arrest, charge, conviction, expungement, pardon, dismissal, or pending case abroad, do not assume NBI Clearance will solve the issue.

BI is concerned not only with Philippine criminal records but also with whether the applicant is admissible, desirable, properly documented, and truthful. The BI FAQ for permanent resident visas by marriage states that the applicant must have no derogatory information in local or foreign law enforcement agencies and must not become a public burden.

A clean NBI Clearance does not erase a foreign criminal record.

How to Prepare the Correct Clearance Document

Step 1: Identify Where You Are Filing

Before ordering any clearance, determine the filing office.

You are likely filing:

Inside the Philippines with the Bureau of Immigration, usually for conversion from tourist status or Balikbayan stay to 13(a); or
Outside the Philippines with a Philippine Embassy or Consulate, usually before entering as an immigrant visa holder.

If filing inside the Philippines, start with the BI checklist.

If filing abroad, start with the consulate checklist for that country.

Step 2: Confirm the Correct Visa Type

Not every foreign spouse qualifies for a 13(a) visa.

A 13(a) visa generally applies when:

The foreigner is legally married to a Philippine citizen;
The marriage is recognized under Philippine law;
The foreigner’s country grants reciprocal permanent residence and immigration privileges to Filipinos; and
The applicant meets BI admissibility and documentary requirements.

If the foreign spouse’s nationality does not qualify under reciprocity, BI may route the applicant to a Temporary Resident Visa (TRV) instead of 13(a). The BI FAQ explains that foreign spouses from countries without reciprocity may not qualify for permanent resident visa by marriage and may need to apply for TRV.

Step 3: Count the Six-Month Period Carefully

Check the foreign spouse’s passport and immigration records.

Prepare:

Passport bio-page
Latest arrival stamp
Latest tourist visa extension or admission record
ACR I-Card, if already issued
Proof of valid authorized stay

The BI checklist requires the applicant’s latest admission with valid authorized stay. If the foreign spouse has overstayed, the overstay must usually be resolved before the 13(a) application can move properly.

Step 4: Get NBI Clearance if Required

For foreign spouses in the Philippines, the usual NBI process is:

Register through the official NBI Clearance online system.
Fill out the personal information exactly as shown in the passport.
Choose an appointment location and date.
Pay the required fee.
Appear personally for biometrics, photo, and fingerprint capture.
Wait for release or return if there is a “Hit.”

Bring:

Passport
Photocopy of passport bio-page
Latest visa extension or admission page
ACR I-Card, if available
Other government-issued ID, if available
Printed appointment/reference number
Payment proof

Names must be consistent. If the passport uses middle names, suffixes, hyphenated surnames, or multiple given names, copy them carefully. Small inconsistencies can create delays later when BI compares documents.

Step 5: Get BI Clearance Certificate Separately

Do not skip the BI Clearance Certificate.

The process usually involves:

Filling out the BI clearance application form.
Submitting the form and supporting documents.
Securing an Order of Payment Slip.
Paying the BI fees.
Returning for release of the certificate.

The BI Clearance Certificate checks BI records, not NBI criminal records.

Step 6: Prepare Foreign Police Clearance if Filing Abroad or Requested

If a foreign police clearance is required, order it early. Some countries issue it quickly; others take weeks or months.

Check whether the foreign police clearance must be:

Fingerprint-based
Issued within a certain number of months
Apostilled
Legalized by the Philippine Embassy or Consulate
Translated into English
Issued by a national police authority rather than a local police station

If the document is from an Apostille country, it generally needs an apostille from the competent authority of the issuing country. The DFA’s Apostille FAQs explain that the Philippine DFA apostillizes Philippine public documents for use abroad, not foreign documents for use in the Philippines. Foreign documents for Philippine use must be handled through the proper foreign apostille or consular legalization route.

If the document is not in English, prepare a certified English translation. BI and consular officers usually need English documents to evaluate the record without ambiguity.

Practical Document Checklist for 13(a) Applicants Filing in the Philippines

Document	Who usually provides it	Practical notes
Joint request letter to the BI Commissioner	Foreign applicant and Filipino spouse	Sign both names; keep wording simple and factual
CGAF	Foreign applicant	Usually two original copies; use capital letters where required
PSA Marriage Certificate	Couple	If married abroad, register the marriage through Report of Marriage and secure PSA copy when available
Filipino spouse’s PSA Birth Certificate	Filipino spouse	If dual citizen under RA 9225, BI-issued Identification Certificate may also be needed
Passport bio-page and latest admission	Foreign spouse	Authorized stay must still be valid
NBI Clearance	Foreign spouse	Required if filing six months or more from first arrival
BI Clearance Certificate	Foreign spouse	Separate from NBI Clearance
Bureau of Quarantine Medical Clearance	Foreign spouse, if applicable	Required only for nationals covered by specific BI/BOQ rules
Proof of financial capacity	Applicant and/or Filipino spouse	Not always listed in the BI local checklist, but commonly useful
Photos, IDs, receipts, folders	Applicant	Follow the receiving office’s formatting instructions

If the Filipino spouse is a former natural-born Filipino who became a foreign citizen and later reacquired Philippine citizenship, Republic Act No. 9225, the Citizenship Retention and Re-acquisition Act of 2003, may be relevant. In that situation, BI may ask for the spouse’s Identification Certificate, oath, or related proof of reacquired Philippine citizenship. The text of RA 9225 is available on Lawphil.

Fees and Timelines to Expect

Fees change, and BI pages often state that fees may change without prior notice. Still, applicants should plan for these common costs and timeframes.

Item	Typical amount or timeframe	Notes
NBI Clearance government fee	₱130 plus payment/service charges	Based on NBI Citizen’s Charter; online payment channels may add fees
NBI Clearance release	Same day if no hit; delayed if with hit	Name matches and quality control issues can cause return dates
BI Clearance Certificate	BI page lists ₱1,010 total based on older fee schedule	Confirm current fee at BI cashier or official BI page
13(a) probationary visa fee	BI page lists ₱8,620 for principal, plus ACR I-Card fee	BI fee schedules may change
ACR I-Card	Often listed as US$50 equivalent for one year	Paid in peso equivalent based on BI assessment
BI 13(a) processing	Often several weeks to a few months in practice	Depends on completeness, hearing schedule, approval, implementation, and ACR I-Card release
Foreign police clearance	Varies widely	Some countries take 1–8 weeks or longer, especially if fingerprints or apostille are required

Do not plan international travel too tightly around a pending 13(a) application. Leaving the Philippines while a conversion is pending may complicate processing, require revalidation, or affect the applicant’s authorized stay.

Common Scenarios

Scenario 1: American spouse living in Manila for eight months

A U.S. citizen married to a Filipina has been in the Philippines for eight months on valid tourist extensions and wants to file 13(a) conversion at BI Manila.

For the standard BI local filing, he should prepare NBI Clearance because he is filing more than six months from arrival. Foreign police clearance is not usually part of the BI probationary checklist, but BI may request it if there is a specific concern.

Scenario 2: Australian spouse applying at the Philippine Consulate in Melbourne

An Australian spouse wants to obtain a 13(a) visa before moving to the Philippines.

Because this is a consular filing, the consulate checklist controls. The Melbourne PCG requires an Australian Federal Police fingerprint-based police clearance. A Philippine NBI Clearance would not normally replace that requirement because the applicant is being screened from abroad.

Scenario 3: British spouse arrived two months ago and wants to file immediately

A British spouse entered the Philippines two months ago, married a Filipino citizen, and wants to file at BI.

The BI checklist condition for NBI Clearance may not yet apply if filing before six months. But the applicant should still prepare for possible additional requirements, especially if the marriage was abroad, prior divorce documents are involved, or the BI officer wants a foreign police record.

Scenario 4: Foreign spouse is converting from probationary to permanent 13(a)

After one year, the foreign spouse must apply to amend probationary 13(a) to permanent 13(a).

The BI permanent amendment checklist requires NBI Clearance. It also requires documents showing continued marital relationship, such as a joint affidavit of continuous cohabitation. This stage is not automatic. BI can still evaluate whether the marriage basis remains valid.

The Supreme Court case Andre Charles Nagel v. Board of Commissioners, Bureau of Immigration, G.R. No. 244737 (2023) is a useful reminder that 13(a) status depends on the continuing legal basis of the marriage and compliance with immigration requirements. In that case, BI action followed issues involving the marriage basis and immigration status.

Common Mistakes That Delay Foreign Spouse Applications

Mistake 1: Submitting BI Clearance instead of NBI Clearance

These are different documents. BI may require both.

Mistake 2: Assuming NBI Clearance covers foreign criminal records

It does not. If the consulate asks for foreign police clearance, obtain the foreign police clearance.

Mistake 3: Filing with expired authorized stay

A 13(a) applicant inside the Philippines must maintain valid stay. Tourist visa extensions, Balikbayan admission, or other authorized stay should be checked before filing.

Mistake 4: Using a marriage certificate not yet recognized by Philippine authorities

If married in the Philippines, BI normally wants the PSA-issued Marriage Certificate. If married abroad, the marriage should usually be reported to the Philippine Embassy or Consulate through a Report of Marriage so that Philippine civil registry records can reflect it.

Mistake 5: Not apostilling or authenticating foreign documents

Foreign documents used in Philippine immigration may need apostille or consular legalization, plus English translation if not in English.

Mistake 6: Hiding a prior arrest or conviction

A clean-looking NBI Clearance does not guarantee approval if there is a foreign record or prior immigration issue. Non-disclosure can create a bigger problem than the record itself.

Mistake 7: Relying on old blog posts or agency checklists

BI forms, field office practices, consular checklists, and fees can change. Always compare any third-party checklist with the official BI or consular page.

Frequently Asked Questions

Can my foreign spouse use NBI Clearance instead of foreign police clearance for a 13(a) visa?

Yes, if the application is a standard 13(a) conversion filed inside the Philippines and the BI checklist requires NBI Clearance. But if the Philippine Embassy, Consulate, or BI officer specifically asks for foreign police clearance, NBI Clearance does not automatically replace it.

Does BI require foreign police clearance for 13(a) marriage visa conversion in the Philippines?

The current BI probationary 13(a) checklist for local conversion does not list foreign police clearance as a regular requirement. It lists NBI Clearance if the application is filed six months or more from first arrival. However, BI may require additional documents for verification.

What if I have been in the Philippines for less than six months?

The NBI requirement in the BI probationary checklist is triggered when filing six months or more from first arrival. If filing earlier, NBI Clearance may not be required by the checklist, but BI can still ask for additional proof depending on the facts.

Is NBI Clearance required for the permanent 13(a) application?

Yes. When amending from probationary to permanent 13(a), the BI checklist requires valid NBI Clearance. Dependents aged 15 and above also commonly need NBI Clearance.

Is BI Clearance the same as NBI Clearance?

No. NBI Clearance is issued by the National Bureau of Investigation and checks criminal records in the Philippines. BI Clearance Certificate is issued by the Bureau of Immigration and checks BI derogatory or immigration records. For 13(a), both may be required.

Do foreign police clearances need apostille?

Often, yes, if the document comes from a country that is party to the Apostille Convention and will be used in the Philippines. If the country is not an Apostille country, consular authentication or legalization may be required. If the document is not in English, prepare an English translation.

Can a foreign spouse apply for 13(a) without NBI Clearance?

Possibly, if filing inside the Philippines before the six-month threshold and no officer asks for it. But if the applicant has been in the Philippines for six months or more, NBI Clearance is part of the BI checklist.

What happens if the NBI Clearance has a “Hit”?

A “Hit” means the NBI needs further verification. It may be a name match, not necessarily a criminal case. The applicant must return on the scheduled date or comply with quality control instructions before the clearance can be released.

Can a foreign spouse with a criminal record still get a 13(a) visa?

It depends on the offense, the country involved, whether the record is final or pending, whether it involves moral turpitude or public safety concerns, and whether the applicant fully discloses and documents the matter. BI has discretion to evaluate admissibility, derogatory information, and public interest.

Should I get both NBI Clearance and foreign police clearance just to be safe?

If filing at BI inside the Philippines after six months, NBI Clearance is normally the key clearance. If a foreign police clearance is easy to obtain and the applicant has time, it may be useful as backup, especially for complicated cases. But for consular filing abroad, foreign police clearance is usually not optional if listed in the consulate requirements.

Key Takeaways

NBI Clearance can usually satisfy the BI local 13(a) checklist when a foreign spouse files inside the Philippines after six months or more from first arrival.
NBI Clearance is not a universal substitute for foreign police clearance when the filing office specifically requires foreign police records.
BI Clearance Certificate and NBI Clearance are separate documents and may both be required.
Consular 13(a) applications abroad commonly require foreign police clearance, because the applicant is being screened outside the Philippines.
The six-month rule matters for local BI filings, so check the applicant’s arrival date and authorized stay.
Foreign documents may need apostille, consular legalization, and English translation before Philippine immigration officers will accept them.
A valid marriage to a Philippine citizen is only one requirement; BI also checks admissibility, financial capacity, valid stay, identity, and derogatory records.