In the Philippines, the 13(a) Non-Quota Immigrant Visa is granted to foreign nationals who are contracted in a valid marriage with a Philippine citizen. However, circumstances such as legal separation, annulment, or the death of the Filipino spouse may necessitate a change in immigration status. The process of reverting an immigrant visa back to a temporary visitor visa is legally referred to as "Downgrading."
1. Nature and Purpose of Downgrading
Downgrading is an administrative process conducted by the Bureau of Immigration (BI). It is mandatory when the conditions under which the 13(a) visa was issued no longer exist. The primary purpose is to:
- Update the foreign national’s immigration status to reflect their current situation.
- Ensure that the foreign national remains documented and compliant with Philippine laws.
- Allow the individual a period of stay (usually 59 days) as a tourist to either wrap up affairs or apply for a different visa category (e.g., 9(g) Work Visa).
2. Grounds for Downgrading a Spouse Visa
The Bureau of Immigration typically requires or allows downgrading under the following conditions:
- Death of the Filipino Spouse: The basis of the 13(a) visa is the marriage; if the spouse passes away, the foreign national is no longer eligible for the immigrant status under that specific category.
- Annulment or Declaration of Nullity of Marriage: Once a marriage is legally dissolved by a Philippine court, the visa loses its legal foundation.
- Legal Separation: Depending on the specifics of the case, the BI may require a status update.
- Voluntary Request: The foreign national may choose to downgrade if they intend to leave the country indefinitely or shift to a different visa type.
3. Mandatory Requirements
To initiate the process, the applicant must submit a complete set of documents to the BI Main Office in Intramuros or authorized satellite offices. The standard requirements include:
| Document Category | Specific Requirements |
|---|---|
| Primary Application | Consolidated General Application Form (CGAF) for Tourist Visa. |
| Letter of Request | A formal letter addressed to the Commissioner stating the reason for the downgrade. |
| Passport | Original Passport and photocopies of the bio-page and latest admission/visa sticker. |
| ACR I-Card | Original Alien Certificate of Registration (ACR) I-Card (this will be surrendered). |
| Proof of Grounds | Death Certificate of the Filipino spouse (if applicable) or a Court Decree of Annulment/Nullity. |
| Clearances | BI Clearance Certificate (to ensure no pending derogatory records). |
4. Procedural Steps
Step I: Filing and Assessment
The applicant submits the required documents at the BI’s window for assessment. An officer verifies the authenticity of the documents and the validity of the grounds for downgrading.
Step II: Payment of Fees
Upon approval of the assessment, the applicant must pay the corresponding fees. These typically include:
- Downgrading fee.
- Implementation fee.
- Service fees.
- Arrears (if the 13(a) visa had already expired prior to the application).
Step III: Order of Downgrading
The application is forwarded to the Legal Division for the issuance of an Order of Downgrading. This document officially reverts the status to a 9(a) Temporary Visitor Visa.
Step IV: Implementation and Cancellation
The 13(a) visa sticker in the passport is cancelled, and a new sticker or stamp representing the temporary visitor status is applied. The foreign national’s ACR I-Card is surrendered and cancelled.
5. Legal Consequences and Limitations
- Temporary Stay: Once downgraded, the foreign national is usually granted an initial 59 days of stay as a tourist.
- ECC Requirement: Before departing the Philippines after a downgrade, the foreign national must secure an Emigration Clearance Certificate (ECC). This is required for all individuals who have stayed in the Philippines for six months or more or those whose immigrant visas have been downgraded.
- Work Prohibitions: A downgraded visa is a tourist visa. The holder is strictly prohibited from engaging in gainful employment unless they apply for a Special Working Permit (SWP) or convert to a 9(g) Working Visa.
- Failure to Downgrade: Remaining in the Philippines on a 13(a) visa after the death of a spouse or an annulment without downgrading can lead to "overstaying" status, administrative fines, and potential deportation/blacklisting.