Introduction

The 13A Non-Quota Immigrant Visa, commonly referred to as the 13A visa, is a permanent residency visa granted to foreign nationals who are married to Filipino citizens. This visa falls under Section 13(a) of Commonwealth Act No. 613, also known as the Philippine Immigration Act of 1940, as amended. It allows the foreign spouse to reside indefinitely in the Philippines without the need for periodic renewals, subject to certain conditions. The visa is non-quota, meaning it is not subject to numerical limitations imposed on other immigrant visas.

This visa is designed to promote family unity, recognizing the marital bond between a Filipino citizen and their foreign spouse. It provides the holder with the right to live, work, and study in the Philippines, and it can serve as a pathway toward naturalization or dual citizenship under Philippine laws. However, the process involves rigorous scrutiny to ensure the validity of the marriage and the applicant's background.

Legal Basis

The 13A visa is governed primarily by:

Section 13(a) of the Philippine Immigration Act of 1940 (CA 613): This provision allows for the admission of aliens who are spouses or unmarried children under 21 years of age of Philippine citizens as non-quota immigrants.
Bureau of Immigration (BI) Administrative Orders and Memoranda: The BI issues guidelines on application procedures, document requirements, and processing. Key references include BI Memorandum Order No. RADJR-2013-004 and subsequent updates.
Related Laws: The Family Code of the Philippines (Executive Order No. 209) for marriage validity; Republic Act No. 9225 (Citizenship Retention and Re-acquisition Act of 2003) for dual citizenship implications; and Republic Act No. 9262 (Anti-Violence Against Women and Their Children Act) for protections in marital relationships.

The visa is initially issued on a probationary basis for one year, after which it can be converted to a permanent status upon verification that the marriage remains valid and subsisting.

Eligibility Criteria

To qualify for a 13A visa, the applicant must meet the following criteria:

Marital Status: The applicant must be legally married to a Filipino citizen. The marriage must be valid under Philippine law, meaning it should comply with the requirements of capacity, consent, and solemnization. Marriages performed abroad must be registered with the Philippine Statistics Authority (PSA) or the appropriate Philippine consulate.
Filipino Spouse's Citizenship: The Filipino spouse must be a natural-born or naturalized Filipino citizen. If the spouse has reacquired citizenship under RA 9225, proof of such must be provided.
No Derogatory Records: The applicant must not have any criminal record, immigration violations, or be a threat to national security. This includes clearance from Interpol and the applicant's home country.
Health Requirements: The applicant must be free from contagious diseases, as certified by a medical examination.
Financial Capability: While not strictly required, evidence of financial support from the Filipino spouse or joint assets may be requested to demonstrate that the applicant will not become a public charge.

Note that same-sex marriages are not recognized under Philippine law for visa purposes, as the Family Code defines marriage as between a man and a woman. However, ongoing legal challenges may affect this in the future.

Required Documents

The application requires a comprehensive set of documents to substantiate the marriage and the applicant's eligibility. These typically include:

Application Form: BI Form No. MCL-07-01 (Application for Non-Quota Immigrant Visa under Section 13(a)).
Marriage Certificate: Original or certified true copy from the PSA if married in the Philippines, or from the foreign issuing authority with apostille or authentication if married abroad. If abroad, it must be reported to the Philippine consulate via a Report of Marriage.
Birth Certificate of Filipino Spouse: PSA-issued original or certified copy.
Applicant's Passport: Valid for at least six months beyond the intended stay, with photocopies of biographical page and previous visas.
Proof of Filipino Citizenship: For the spouse, this could be a birth certificate, passport, or certificate of naturalization/reacquisition.
Medical Certificate: Issued by a BI-accredited clinic, confirming the applicant is free from tuberculosis and other communicable diseases.
Police Clearance: From the applicant's country of origin and any country where they resided for more than six months in the last five years. Must be apostilled or authenticated.
NBI Clearance: For the Filipino spouse, to confirm no derogatory records.
Affidavit of Support: Executed by the Filipino spouse, notarized, attesting to financial support.
Joint Affidavit: From the couple affirming the validity and subsistence of the marriage.
Photographs: Recent 2x2 photos of both spouses.
Additional Documents if Applicable:
- Death certificate or annulment decree if previously married.
- Birth certificates of children, if any, to support family ties.
- Proof of joint residence or assets (e.g., lease agreements, bank statements).

All foreign documents must be translated into English if not already, and authenticated by the Philippine embassy or consulate in the issuing country, or apostilled under the Hague Apostille Convention if applicable.

Application Procedure

The application process for a 13A visa can be initiated either abroad or within the Philippines, depending on the applicant's current status.

Applying from Abroad (Visa Issuance at Philippine Consulate/Embassy)

Submit Application: File at the Philippine embassy or consulate in the applicant's country of residence or origin.
Document Verification: The consulate verifies documents and conducts an interview with both spouses.
Approval and Issuance: If approved, the visa is stamped in the passport. The applicant then travels to the Philippines.
Upon Arrival: Report to the BI main office in Manila within 60 days to register, obtain an Alien Certificate of Registration (ACR) I-Card, and complete biometrics.

Applying Within the Philippines (Conversion from Temporary Visa)

Foreign spouses already in the Philippines on a tourist visa (9(a)) or other temporary status can apply for conversion to 13A.

Ensure Legal Stay: The applicant must not be overstaying.
File Petition: Submit the application at the BI main office (Intramuros, Manila) or authorized satellite offices.
Interview and Inspection: Both spouses attend an interview. BI may conduct a home visit to verify the marriage.
Probationary Visa Issuance: If approved, a one-year probationary 13A visa is granted.
Conversion to Permanent: After one year, apply for amendment to permanent status by submitting proof that the marriage is still valid (e.g., joint affidavit, updated documents).

The process involves biometric capture, payment of fees, and issuance of the ACR I-Card, which serves as the visa holder's ID.

Processing Time and Fees

Processing Time: Typically 2-3 months for consular applications; 1-2 months for in-country conversions. Delays can occur due to document verification or backlogs.
Fees (approximate, subject to BI updates):
- Application fee: PHP 8,000-10,000.
- Legal research fee: PHP 10.
- Express lane fee (optional): PHP 500-1,000.
- ACR I-Card: PHP 50 (USD equivalent for foreigners).
- Probationary to permanent conversion: Additional PHP 2,000-5,000.

Fees are paid in Philippine Pesos or equivalent, and may vary. Always check with the BI for current rates.

Rights and Privileges of 13A Visa Holders

Residency: Indefinite stay without renewal.
Employment: Right to work without a separate work permit (though an Alien Employment Permit from DOLE may be required for certain jobs).
Education: Access to schools and universities.
Property Ownership: Can own property subject to constitutional limits (e.g., no land ownership unless through inheritance).
Travel: Can exit and re-enter the Philippines with a re-entry permit if absent for over one year.
Path to Citizenship: After five years of continuous residence, eligible for naturalization under Commonwealth Act No. 473.

Obligations and Conditions

Annual Reporting: Report to the BI annually until the ACR I-Card is issued; thereafter, as required.
Compliance with Laws: Adhere to Philippine laws; violations can lead to deportation.
Marriage Subsistence: The visa is conditional on the marriage remaining valid. Divorce, annulment, or separation may result in revocation.
Notification of Changes: Report changes in address, marital status, or employment to the BI.

Grounds for Revocation

The 13A visa can be revoked if:

The marriage is found to be fraudulent or for immigration purposes only.
The holder commits a crime involving moral turpitude.
The holder becomes a public charge or engages in subversive activities.
Failure to comply with reporting requirements.

Revocation proceedings involve a hearing before the BI Board of Commissioners.

Conversion, Renewal, and Related Processes

Probationary to Permanent: As noted, apply after one year with proof of ongoing marriage.
Downgrade or Cancellation: If the marriage ends, the visa may be downgraded to a temporary status or canceled.
Extension for Children: Unmarried children under 21 can be included as derivatives under Section 13(a).
Path to Dual Citizenship: If eligible, the foreign spouse can apply for naturalization, but 13A holders often retain their original citizenship.

Common Issues and Tips

Document Authentication Delays: Start early, especially for apostilles.
Marriage Validity Scrutiny: Provide ample evidence of a genuine relationship (photos, correspondence, joint accounts).
Overstaying Risks: Apply for conversion before tourist visa expires to avoid penalties.
Legal Assistance: Consult an immigration lawyer or accredited agent to navigate complexities.
COVID-19 or Policy Changes: Procedures may be affected by health protocols or amendments; verify with BI.

In conclusion, the 13A visa offers a stable pathway for foreign spouses to build a life in the Philippines, but it demands thorough preparation and adherence to legal standards. Successful applicants contribute to the cultural and familial fabric of the nation while enjoying its protections and opportunities.