What the 13(a) Visa Is

The Section 13(a) non-quota immigrant visa allows a foreign national legally married to a Filipino citizen to reside in the Philippines as an immigrant. It’s typically issued on probation for one (1) year first; after demonstrating a bona-fide, continuing marriage and compliance with immigration rules, it may be converted to permanent (i.e., probation lifted).

Key effects: long-term residence, freedom to engage in employment or business subject to labor permits, and the ability to exit and re-enter the country with the proper re-entry permits.

Eligibility

You generally must show that you:

Are legally married to a Filipino citizen (marriage valid and recognized under Philippine law).
Are admissible (no disqualifying criminal, security, or health grounds).
Have no derogatory immigration record and are in valid status at time of filing (or have resolved any overstays/penalties).
Can show financial capacity (often via the Filipino spouse’s support and/or the foreign spouse’s resources).
Intend to live together as spouses in the Philippines.

Who applies? The foreign spouse is the applicant; the Filipino spouse joins as petitioner/sponsor.

Where to Apply

In the Philippines: Convert from a temporary stay (e.g., tourist visa/visa-exempt entry) to 13(a) at the Bureau of Immigration (BI) or a BI field office that accepts 13(a) filings.
Outside the Philippines: Some applicants prefer to apply at a Philippine embassy/consulate before traveling; upon arrival, the visa is implemented and the ACR I-Card is later issued in-country.

Practical tip: If you are already in the Philippines, apply before your current authorized stay expires, or secure the proper extensions.

Core Documentary Requirements (Typical)

Expect BI to require some or all of the following (formats, counts, and exact forms can change—complete the latest BI checklist when you file):

Joint letter request signed by both spouses (Filipino spouse as petitioner).
Consolidated General Application Form (CGAF) for immigrant visas.
Foreigner’s passport (valid, with copies of bio page, latest entry stamp, and stay extensions).
Filipino spouse’s government ID and Philippine passport (if any).
PSA Marriage Certificate (or foreign marriage certificate duly authenticated/with apostille and, if necessary, officially translated).
PSA Birth Certificate of the Filipino spouse (to establish citizenship).
NBI Clearance (Philippines) if the foreigner has stayed in the Philippines for six months or more; otherwise a Police Clearance from the country of residence prior to entry (usually apostilled/authenticated).
BI Clearance (issued during processing) and biometrics.
Proof of financial capacity/support (e.g., employment letter, business docs, bank certificate, or Affidavit of Support by the Filipino spouse).
Proof of cohabitation/relationship continuity (joint bills/lease, photos, children’s birth certificates, etc., if requested).
2×2 photos (BI-spec).
Payment of government fees (visa, ACR I-Card, etc.).

If the marriage occurred outside the Philippines, it often must be reported to the Philippine authorities (Report of Marriage) for full recognition; bring the proof or be ready to explain the status.

Step-by-Step Process (In-Country Conversion)

Pre-screening & Scheduling
- Organize all documents per BI checklist; ensure your stay is valid (extend tourist stay if needed).
Filing at BI
- Submit the CGAF, joint letter, and supporting documents; the Filipino spouse normally appears with the applicant.
Assessment, Biometrics & Payments
- BI will take biometrics and issue an assessment for government fees (visa filing, ACR I-Card, clearances).
Evaluation & Order
- BI evaluates admissibility and the genuineness of the marriage. You may be called for interview or additional documents.
Probationary Visa Approval & ACR I-Card
- If approved, BI releases the Order and implements a one-year probationary 13(a).
- The ACR I-Card (Alien Certificate of Registration)—your physical residence card—follows after production.
After the First Year: Lifting of Probation
- File an application to convert probationary to permanent 13(a) (sometimes called “amendment” or “lifting”).
- You’ll typically re-submit an updated set (fresh NBI, proof the marriage is subsisting, etc.).
- Once approved, the visa becomes permanent (subject to ongoing compliance duties below).

Typical Timeline (Indicative, not a promise)

Initial filing to probationary approval: often several weeks to a few months, depending on office load, completeness, and background checks.
ACR I-Card release: commonly a few weeks after biometrics and payment.
Lifting to permanent: usually after 1 year of holding the probationary visa, with its own processing time.

Processing times vary by office, time of year, and case complexity. Build in cushion time and avoid last-minute travel plans.

Fees

Government fees apply at multiple points (filing, ACR I-Card, BI/NBI clearances, re-entry permits, etc.). Exact amounts change periodically; bring extra for miscellaneous and courier costs.

Rights & Limitations of a 13(a) Holder

Residence: You may reside in the Philippines indefinitely (subject to visa validity and not falling under grounds for cancellation).
Work/Business: 13(a) holders may work or do business but must secure an Alien Employment Permit (AEP) from the Department of Labor and Employment if employed. A 13(a) is not a substitute for an AEP.
Re-entry: For international travel, secure the proper Re-Entry Permit (RP) and/or Special Return Certificate (SRC) before departure to ensure smooth return.
Annual Report: All ACR I-Card holders must complete the Annual Report—typically Jan 1 to Mar 1—and pay the statutory fee each year.
Address/Civil Status Updates: Report changes (new address, new passport, name changes, etc.) to BI within the prescribed period.
Tax: As a resident alien, you are generally taxed on Philippine-sourced income. Business/employment may trigger further registrations (BIR, local permits).

Travel & Exit Considerations

Before leaving the Philippines, check if you need:
- Re-Entry Permit/Special Return Certificate (to come back without issues), and
- Emigration Clearance Certificate (ECC-A/ECC-B) depending on your circumstances (e.g., first ACR issuance, change of status, long stay).
Keep your ACR I-Card and passport valid and on hand.

Effect of Marital Changes

The 13(a) is premised on a subsisting marriage to a Filipino citizen.
Annulment/Divorce (recognized in the Philippines for foreign divorces under certain rules) or separation can lead to cancellation of the 13(a).
Death of the Filipino spouse: BI may assess humanitarian or other available bases; seek legal advice promptly.

Children & Dependents

Children who are Filipino citizens (or dual citizens) do not need a 13(a).
Foreign minor children connected to the marriage may seek derivative residence under applicable categories or related immigrant options; specifics depend on parentage, custody, and citizenship documents. Prepare birth certificates, proof of legal custody, and, if applicable, adoption or recognition papers (authenticated/apostilled and translated if foreign-issued).

Maintaining Status: Practical Compliance Checklist

✅ Do the Annual Report every year (Jan–Mar).
✅ Keep passport/ACR I-Card valid; renew early.
✅ Get the correct re-entry permit before each trip abroad.
✅ Update BI on changes (address, employer, passport details, civil status).
✅ Secure AEP before working; renew as required.
✅ File the lifter to permanent on time after the probationary year.
✅ Keep copies of all BI receipts, orders, and stamped pages.

Common Issues (and How to Avoid Them)

Expired stay at filing
- Fix: Extend your temporary stay first or resolve overstay penalties before submitting 13(a).
Unrecognized or deficient marriage documents
- Fix: For foreign marriages, secure apostille/authentication and provide official translation if not in English/Filipino. If married abroad to a Filipino, ensure Report of Marriage compliance where required.
Police/NBI clearance problems
- Fix: Obtain the correct type (foreign police clearance vs. NBI) based on length of stay; ensure apostille where applicable. Address name mismatches (e.g., maiden/married names) with affidavits.
Insufficient financial capacity evidence
- Fix: Provide bank certificates, employment letters, business registrations, tax returns, or a notarized Affidavit of Support from the Filipino spouse.
Proof of genuine relationship
- Fix: Maintain evidence of cohabitation and shared life (leases, bills, photos, joint accounts, kids’ documents). Be ready for a BI interview.
Working without AEP
- Fix: Apply for AEP before starting employment; renew timely. Coordinate with the employer’s HR.
Skipping the Annual Report / re-entry permits
- Fix: Calendar these; penalties and hassles at the airport are avoidable.
Delaying the conversion to permanent
- Fix: Track the probationary year and file the lifting application early.
Name/identity discrepancies
- Fix: Align names across passport, marriage certificate, and clearances; add Affidavits of Discrepancy if needed.
Health & medical concerns

Fix: If referred for medical checks (e.g., x-ray), comply promptly and keep certified results.

Alternatives to 13(a) (When It Doesn’t Fit)

9(a) Tourist Visa with extensions (short-term only; no work).
Special Resident Retiree’s Visa (SRRV) via PRA (retirement deposit; multiple categories).
13(g) (for natural-born Filipinos who lost Philippine citizenship, for themselves and certain dependents).
Other immigrant categories (e.g., quota immigrant) or special visas depending on qualifications.

Practical Filing Tips

Prepare a clean, labeled folder with originals and sets of photocopies.
Use consistent personal data across all documents (names, dates, addresses).
Bring extra passport photos.
Expect multiple payment windows; keep official receipts.
Dress neatly for biometrics/interviews and answer questions straightforwardly.
If you plan to travel soon, coordinate timing so your ACR I-Card and re-entry permit are ready.

Frequently Asked Questions

Q: Can I work on a 13(a)? Yes, but you generally need an AEP from DOLE for employment. The 13(a) removes the need for short-term Special Work Permits, but not the AEP requirement.

Q: How long until it’s permanent? Usually after one year of probationary residence, upon application and approval of the lifting.

Q: Do I need to stay in the Philippines the whole time? You can travel, but make sure to secure re-entry permits and maintain your Annual Report and other compliance duties.

Q: What happens if our marriage ends? The visa is anchored on a subsisting marriage. Annulment, divorce (as recognized), or abandonment can lead to cancellation; consult counsel early.

Final Notes

Immigration practice is procedural: requirements, forms, and fees can change.
Bring more, not less: extra evidence and certified copies speed up evaluation.
When in doubt—especially about unusual facts (prior deportations, name changes, criminal history, international divorces/adoptions)—seek tailored legal advice before filing.

This article provides a comprehensive overview for planning and compliance. For case-specific strategy and the latest procedural details, consult the Bureau of Immigration’s current checklists and a qualified Philippine immigration practitioner.