Getting an NBI (National Bureau of Investigation) clearance is a standard requirement for Filipinos living abroad who need to prove they have no criminal record for visa applications, residency, or employment. However, when a foreign government requires this document, a simple NBI clearance is often insufficient; it must be apostillized by the Department of Foreign Affairs (DFA) to be legally recognized in countries that are members of the Hague Apostille Convention.
Since the Philippines is a signatory to the Apostille Convention, the process has been streamlined, replacing the old "red ribbon" authentication system.
1. Obtaining the NBI Clearance from Abroad
Before an apostille can be issued, you must first secure an NBI clearance specifically marked for "Abroad" or "Change of Name."
The Fingerprint Process
- NBI Form No. 5: You must obtain the official NBI fingerprint card (Form No. 5). This is usually available at the nearest Philippine Embassy or Consulate.
- Fingerprinting: You must have your fingerprints impressed on the form. This should be done by a police agency in your current country of residence or at the Philippine Embassy/Consulate. The officer who took the fingerprints must sign the form.
- Requirements: You will typically need a 2x2 photograph with a white background, a copy of your passport (bio-page), and any legal documents if there is a change of name (e.g., Marriage Certificate).
Registration and Payment
- Online Appointment: Even from abroad, you or your representative must register the application through the NBI Clearance Online Portal.
- Payment: Payment can be made via authorized Philippine payment centers. If you are abroad, a representative in the Philippines can pay this for you using the generated reference number.
2. The Apostille Process (DFA Authentication)
Once the NBI clearance is issued in the Philippines, it must be sent to the Department of Foreign Affairs (DFA) for the Apostille.
Important: The DFA will only apostillize an NBI clearance that has been dry-sealed by the NBI.
Step-by-Step Authentication:
- Courier to the Philippines: If you processed your fingerprints abroad, you must send the completed Form No. 5 and necessary documents to your representative in the Philippines.
- NBI Main Office Processing: Your representative submits the form to the NBI Clearance Center (typically the Main Office in Manila). The NBI will then issue the actual Clearance Certificate.
- DFA Appointment: Your representative must secure an appointment with the DFA for Authentication/Apostille.
- Submission: The representative submits the original NBI Clearance to the DFA.
3. Requirements for Representatives
Since you are physically outside the Philippines, you must authorize someone to act on your behalf. Under Philippine law, the following are required:
- Special Power of Attorney (SPA): This document must be executed by you and consularized/authenticated by the Philippine Embassy or Consulate in your country of residence. This gives your representative the legal authority to sign and process documents with the NBI and DFA.
- Valid IDs: A copy of your valid passport and the original valid ID of your representative.
- Authorization Letter: While some agencies may accept a simple authorization letter for minor tasks, the DFA and NBI strictly require a Consularized SPA for overseas applicants.
4. Key Legal Considerations
The Hague Apostille Convention
The Philippines joined the convention on May 14, 2019. If the country where you will use the NBI clearance is also a member, the DFA Apostille is the final step. If the country is not a member (e.g., Canada or many Middle Eastern countries), the document must still undergo "Consularization" at the embassy of that specific country after the DFA has authenticated it.
Validity Period
An NBI clearance is generally valid for one (1) year from the date of issuance. It is vital to coordinate the timing of the Apostille and the submission to the foreign authority to ensure the document does not expire during transit.
Personal Appearance
While the NBI generally requires personal appearance for biometrics (fingerprints), the use of the NBI Form No. 5 is the legally recognized exception for Filipinos overseas, provided the fingerprints are certified by a competent authority in the host country.