Here’s a comprehensive, practitioner-style guide—Philippine context—on what happens when a probationary resident visa expires while your permanent (non-probationary) resident visa application is still under review. I’ll explain what “probationary” means, what your legal status is while the upgrade is pending, how to avoid falling out of status, what happens if you miss the deadline, effects on work, travel, ACR I-Card, and dependents, and practical steps. This is general information, not legal advice.

1) What is a “probationary resident visa” in PH practice?

This is most commonly the 13(a) probationary immigrant visa (foreign spouse of a Filipino citizen). Similar one-year probation may apply to other family-based immigrant categories (e.g., 13(g) in some cases).
It’s an immigrant class (not a tourist or temporary work visa) but is valid for one year on a probationary basis.
Before the year ends, you normally file a Petition to Amend/Lift Probation so it becomes permanent (non-quota) resident.

2) Core principle: the Philippines does not have an automatic “bridging visa”

Unlike some jurisdictions, the Philippines doesn’t automatically grant a bridging status just because you filed an application.
You must remain in valid status at all times. A pending petition does not by itself legalize your stay if your underlying visa has lapsed—unless the Bureau of Immigration (BI) has formally received your upgrading petition before expiry and issued the corresponding official proof (e.g., BI receiving stamp/OR, “application pending” notation, interim order).

3) If you filed before the probationary visa expires

Your lawful stay continues on the same conditions as your probationary immigrant visa while the amendment is pending, provided:
- BI has officially received the petition (you have the official receipt and/or BI stamp or docket number), and
- you comply with any interim requirements (e.g., show up for hearing, submit additional documents, keep your ACR I-Card current if BI requires renewal).
In practice, your passport may be annotated or you’ll carry your BI Official Receipt and acknowledgment to show that the probationary period has a timely upgrade petition pending.
You must still observe all immigrant obligations (e.g., Annual Report in Jan–Feb, address reporting, payment of any assessed fees/penalties on time).

What this means day-to-day

Stay/Residence: Considered regular, subject to the pending petition.
Work: If you are employed, your ability to work hinges on DOLE AEP coverage (see §7). Your immigration class (13[a]) allows residence, but employment typically requires an AEP unless exempt.
Travel: You can usually apply for/renew your Re-Entry Permit (RP) and Special Return Certificate (SRC) as an immigrant. But see §8 for travel cautions while a petition is pending.

4) If you filed after the probationary visa expires (or didn’t file at all)

On the day after expiry, you are out of status and may start accruing overstay fines and face possible downgrading or removal unless you immediately regularize.
Typical remedial paths (case-by-case, at BI’s discretion):
- Late filing with payment of fines and a Motion for Reconsideration/Explanation stating why you missed the deadline; or
- Downgrading to a temporary status (e.g., tourist) while you re-file; or
- Departure and re-entry on an appropriate visa (least preferred if you intend to live in the PH).
Employment must stop until status is regularized and, where applicable, AEP is valid.

Practical rule: File 30–60 days before expiry. If you’re inside 30 days, file now, don’t wait for perfect documents—BI can ask for follow-ups, but a timely docket stops you from lapsing.

5) What BI looks for while the upgrade is under review

Continuity of the qualifying relationship (e.g., genuine marriage for 13[a]): updated PSA marriage cert, spouse’s Philippine citizenship proof, cohabitation evidence if asked.
Good conduct: NBI/Police clearances, immigration derogatory record check.
Financial capacity (as applicable), no public charge concerns.
Compliance history: prior Annual Reports, no overstay or unauthorized work.
Document consistency: passport validity, I-Card details, address updates, child/dependent data.

6) Your status during the pendency—what you can and cannot do

You can:

Reside in the Philippines as an immigrant (subject to timely filing proof).
Renew RP/SRC if you need to travel (see §8 for risks).
Continue normal life activities (open accounts, lease housing) using passport + ACR I-Card + proof of pending petition.

You must not:

Allow your ACR I-Card to go unmanaged if BI requires an interim renewal (BI may either extend the card or replace it after approval).
Ignore Annual Report (Jan–Feb) or changes of address/employer/civil status—report them.
Work without an AEP (if employed) or outside the scope of your declared employment.

7) Employment while on probationary → permanent

Immigration class (13[a]) permits residence; employment is governed by DOLE’s Alien Employment Permit (AEP) regime.
If you are working:
- Keep your AEP valid and aligned with your employer/role/location.
- If your visa lapses or you’re out of status, employment must pause until rectified.
Some limited AEP exemptions exist (e.g., diplomats), but most private-sector employment by 13-series immigrants requires AEP.

8) Travel while your upgrade is pending

Plan carefully. Leaving the PH while your petition is pending can complicate things.
Before departure, secure:
- Re-Entry Permit (RP) and Special Return Certificate (SRC) (for immigrants), and
- Emigration Clearance Certificate (ECC) if your total stay meets the ECC trigger.
Risks to consider:
- If adjudication occurs while you’re abroad, BI may require you to appear or complete biometrics/issuance steps upon return.
- If your probationary status expired and you left without curing it, re-entry may be on a tourist status only, and your pending petition could be treated as abandoned or may require re-filing.
Best practice: Avoid non-essential travel until the permanent approval and new I-Card issuance are completed.

9) ACR I-Card, Annual Report, and fees during pendency

ACR I-Card: BI may let the existing card ride until decision, or require an interim extension, with the new card issued upon approval (bearing “permanent” annotations).
Annual Report (AR): Still mandatory for all registered aliens/immigrants—January to February each year. Even with a pending petition, complete your AR or face fines.
Fees/fines: Pay any assessed extension, filing, and documentary stamp fees promptly; if you filed late, expect overstay fines and possibly motion fees.

10) Dependents (children) and changes in circumstances

Dependents tied to your 13-series visa must be included or mirrored in the upgrade petition.
Change in marital status (separation/annulment): Because the 13(a) is marriage-based, a breakdown may jeopardize the basis for permanent residence. Seek legal advice early.
Change of address/employer: Report to BI to keep your record current; failure to update can delay adjudication.

11) Denial outcomes and remedies

If BI denies the upgrade, expect an order to downgrade (e.g., to temporary visitor) and/or to depart within a set period.
You can file a Motion for Reconsideration within the prescribed time or elevate via administrative/judicial remedies.
Overstay exposure (if any) must be settled before new filings or departure.

12) Timelines (real-world expectations)

Filing window: Aim 60–30 days before probationary expiry.
Processing: Ranges from a few weeks to several months, depending on BI workload, completeness, and any hearings/clarifications.
Document “freshness”: Clearances are often required to be recent (e.g., issued within 6 months). Plan renewals if processing drags on.

13) Practical compliance checklist

Before expiry (T-60 to T-30 days)

Gather: passport (valid ≥6–12 months), ACR I-Card, PSA marriage cert (for 13[a]), spouse’s PH citizenship proof, NBI/Police clearances, photos, forms.
File Petition to Amend/Lift Probation at BI main or authorized office.
Obtain official receipt (OR), docket/case number, and any appointment/hearing slip.

While pending

Carry passport + ACR I-Card + OR/docket slip showing timely filing.
Complete Annual Report (if Jan–Feb window hits).
Respond quickly to BI additional documentary requirements.
Avoid non-essential international travel; if unavoidable, secure RP/SRC (and ECC if needed).

If you missed the deadline

File immediately with a written explanation, be ready to settle fines/penalties.
Ask BI whether temporary documentation will be issued to evidence your re-regularized status.

14) Simple templates you can adapt

A) “Proof of Pending” pocket note (to show banks/landlords/HR)

To whom it may concern:

This is to confirm that I filed my Petition to Amend/Lift Probationary Immigrant Visa status from 13(a) Probationary to 13(a) Permanent with the Bureau of Immigration on [date]. The application is pending under Docket No. [####]. I remain in lawful status as an immigrant while adjudication is ongoing.

Attached:
• Passport bio page + latest admission/visa page
• ACR I-Card (copy)
• BI Official Receipt(s) and Acknowledgment

[Name, signature, contact]

B) Late filing explanation (if you missed expiry)

Honorable Bureau of Immigration:

I respectfully seek acceptance of my Petition to Lift Probation notwithstanding the lapse of my probationary 13(a) visa on [date]. The delay was due to [brief, factual reason: medical emergency/travel disruption/document reissuance]. I have not engaged in unauthorized employment nor violated any immigration laws. I am prepared to settle any assessed fines and respectfully request that I be allowed to regularize my status and proceed with adjudication.

[Name, passport no., ACR no., address, signature]

Key takeaways

File early. The Philippines has no automatic bridging visa; your safety net is a timely, receipted filing.
If you filed before expiry, you generally remain in lawful status on the same conditions while BI decides—carry your OR/docket as proof.
If you missed expiry, act immediately to regularize, expect fines, and understand work and travel may be constrained until cured.
Keep your AEP (if employed), ACR I-Card, Annual Report, and contact details fully compliant to avoid delays.

If you tell me your visa class (e.g., 13[a]) and where you filed, I can tailor a step-by-step plan and a document checklist specific to your situation.