The renewal or amendment of a Probationary Resident Visa (under Section 13, paragraph A of the Philippine Immigration Act of 1940) is a critical legal procedure for foreign nationals married to Philippine citizens. This process typically transitions the holder from a temporary one-year "probationary" status to a "permanent" resident status.
Below is a comprehensive guide to the requirements, fees, and procedures governing this immigration category in the Philippines.
Legal Framework: The Section 13(a) Visa
Under Commonwealth Act No. 613, a Section 13(a) visa is granted to foreign nationals with a valid marriage to a Filipino citizen. Initially, the Bureau of Immigration (BI) issues a Probationary Resident Visa valid for one year. Before this period expires, the visa holder must apply for an Amendment to Permanent Resident Status to remain in the country indefinitely without the need for periodic visa extensions.
I. Documentary Requirements
To renew or convert a probationary status to permanent, the applicant and the Filipino spouse must submit the following to the Bureau of Immigration:
- Joint Affidavit of Continuous Cohabitation: A notarized sworn statement executed by both the foreign spouse and the Filipino spouse, asserting that they are living together as husband and wife and that the marriage remains valid and subsisting.
- CGAF (Consolidated General Application Form): A fully accomplished form for immigrant visas.
- Photocopy of the Applicant’s Passport: Specifically the bio-page and the page showing the latest admission and the valid probationary visa sticker/stamp.
- PSA Marriage Certificate: An original copy of the Marriage Contract issued by the Philippine Statistics Authority (PSA).
- PSA Birth Certificate of the Filipino Spouse: To prove the citizenship of the petitioner.
- Valid NBI Clearance: Required for applicants who have stayed in the Philippines for six months or more since the initial issuance of the probationary visa.
- Bureau of Immigration (BI) Clearance Certificate: A certificate ensuring the applicant has no derogatory records or pending cases with the Bureau.
- Original ACR I-Card: The Alien Certificate of Registration (Probationary) must be surrendered for the issuance of the Permanent I-Card.
II. The Renewal and Amendment Process
The application must be filed within the 90-day period before the expiry of the probationary visa.
- Filing: The petition is submitted to the BI Main Office in Intramuros or select field offices.
- Hearing/Interview: Both the applicant and the Filipino spouse are generally required to appear in person before an intelligence officer or a designated hearing officer for a summary interview.
- Review and Approval: The Board of Commissioners (BOC) reviews the application. If the marriage is deemed bona fide and not entered into solely for immigration purposes, the permanent status is granted.
III. Schedule of Fees
While fees are subject to administrative adjustments by the Bureau of Immigration, the estimated costs for the conversion from Probationary to Permanent Resident status generally include:
| Item | Estimated Cost (PHP) |
|---|---|
| Application/Visa Fee | ₱8,000 - ₱10,000 |
| ACR I-Card (Permanent) | $50.00 + ₱500.00 |
| Express Fee | ₱500 - ₱1,000 |
| Legal Research Fee | ₱100 - ₱200 |
| Total Estimated Cost | ₱12,000 - ₱15,000 |
Note: The USD component for the I-Card is paid in Philippine Pesos based on the current BI exchange rate at the time of payment.
IV. Obligations of the Permanent Resident
Upon the successful renewal and conversion to permanent status, the foreign national is relieved from monthly visa extensions but must comply with the following:
- Annual Report: Every holder of an ACR I-Card must report in person to the Bureau of Immigration within the first 60 days of every calendar year.
- I-Card Renewal: The Permanent ACR I-Card is typically valid for five years and must be renewed upon expiry.
- Re-entry Permits: When traveling abroad, the resident must pay for an Emigration Clearance Certificate (ECC) and a Special Return Certificate (SRC) at the airport or BI offices before departure.
V. Grounds for Denial or Revocation
The Bureau of Immigration reserves the right to deny the renewal or revoke the permanent status if:
- The marriage is found to be "sham" or "convenience-only."
- The parties have legally separated or the marriage is annulled.
- The foreign national is deemed a "persona non grata" or poses a threat to national security.
- There is a conviction for a crime involving moral turpitude.