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The Promise of Tenure

            Obtaining residency in the Philippines may initially appear daunting to many individuals, but in reality, it is a relatively straightforward process compared to other countries. It simply involves acquiring the necessary documents and exercising patience. Foreign nationals intending to stay in the Philippines for an extended period must secure the appropriate visa or continuously extend their tourist visa for up to three years, after which they are required to exit the country for a period of 24 hours or longer at which time, they may then re-enter and initiate the tourist visa process anew. While this may seem simple, it can become costly in the long run, and the frequent visits to the Bureau of Immigration can be a less than a pleasant experience. Overall, residency the preferred stay in the Philippines is achievable with the right preparation and understanding of the process. Another item to be aware about is there are changes being made to immigration rules. There is a bill in the Philippine congress being worked on and there are some substantial changes being proposed. Most of the changes relate to the tourist visa. Please remember these revisions are not in affect at the present time, however they are saying the should be completed and passed into law sometime in the new year. Here are the proposed changes so far relating to the tourist visa:

  1. A tourist visa will allow initial entry for a total of thirty (30) days.
  2. To stay longer an extension is required. After the initial 30 day entry, a twenty nine (29) day extension will be required.
  3. After the first twenty nine (29) day extension expires, extensions of two months thereafter will be required to extend your stay.
  4. The six (6) month extension will no longer be available.
  5. The current three (3) year period of stay with extensions will be shortened to two (2) years, at which time you must exit the country.

So lets return to the current laws and regulations . . .

The main types of Philippine visas issued for a longer duration include:

Student Visa: Issued to foreigners who pursue their studies in a Filipino educational institution.
Work Visa: Issued to foreigners who will work for a company based in the Philippines.
Spousal Visa: Issued to the spouses of Filipino citizens and/or their dependent children.
Retirement Visa: Issued to foreigners to retire and who have the necessary financial requirements.


           In the Philippines, visas are categorized into two main types: immigrant visas and non-immigrant visas. Within these categories are Permanent Resident Visas (PRV) and Non-Permanent Resident Visas (NPRV). Today, we will focus on the visas commonly utilized by expatriates seeking permanent residency in the country. Let's begin with one of the most coveted visas for retirement purposes.

Permanent Resident Visa

            The Permanent Resident Visa is granted primarily through reciprocity, which is an agreement between countries to grant permanent residence and immigration privileges to each other's citizens. In the case of the Philippines, this means that citizens of a country that offers the same privileges to Philippine citizens may be eligible for a Permanent Resident Visa. The most common type of Permanent Resident Visa is the one issued under Section 13 (a) of the Philippine Immigration Act of 1940. This visa is intended for foreigners who are married to a Filipino spouse. To obtain a 13 (a) visa, also known as a Permanent Resident Visa (PRV), there are several steps that must be followed. Firstly, individuals must apply for a Philippine Probationary 13a Visa or Non-Quota Immigration Visa By Marriage. This visa is valid for one year and serves as a precursor to the Permanent Resident Visa. If no issues arise during the probationary period, the visa can be converted to a Permanent Resident Visa. It is important to note that the process for obtaining a Permanent Resident Visa can be somewhat complex but most can do it without requiring the assistance of legal professionals. Additionally, individuals must ensure that they meet all eligibility requirements and provide all necessary documentation to support their application.

The applicant must prove the following to qualify for a Philippine Permanent Resident Visa:
  • The petitioner should be the Filipino citizen's spouse.
  • Applicant has contracted a valid marriage with a Philippine citizen and has marriage certificate proving such.
  • The marriage is recognized as valid under existing Philippine laws.
  • There is no record of any derogatory information against the applicant in any local or foreign law enforcement agency.
  • The applicant is not afflicted with any dangerous, contagious, or loathsome disease.
  • The applicant must have sufficient financial capacity to support a family and will not become a public burden.
  • If the applicant is already in the Philippines, they must prove that they were allowed entry into the Philippines and was authorized by an Immigration official to stay.
Requirements to apply for a Section 13 (a) Permanent Resident Visa:
  • A duly accomplished Consolidated General Application Form CGAF-001-Rev2 (at this time).
  • A joint request letter addressed to the Commissioner of the Bureau of Immigration from the applicant and petitioning Filipino spouse.
  • Passport with at least six months of validity beyond the date of departure from the Philippines.
  • Two (2) photocopies of passport information page of the applicant.
  • Two (2) photocopies of passport information page of the applicant's Filipino spouse.
  • An original and a photocopy of applicant's birth certificate (with English translation if needed).
  • An original and photocopy of applicant's Filipino spouse's birth certificate issued by the Philippine Statistics Authority.
  • An Original and photocopy of the couples marriage license/certificate. If the applicant and Filipino spouse were married in the Philippines, A marriage certificate issued by the Philippine Statistics Authority. If the applicant and Filipino spouse were married in another country, the marriage must have been registered with the Philippine Embassy or Philippine Consulate-General in the country where the marriage took place.
  • If the Filipino spouse was in a previous marriage before marriage to the applicant, proof of marriage annulment or divorce must be presented.
  • Clearance from the National Bureau of Investigation (NBI), if application is filed six months or more from the date of first arrival in the Philippines or police clearance from the country of origin if filing is less than six months of arrival in the Philippines.
  • A Clearance Certificate from the Bureau of Immigration
  • Recent photograph (taken within the last two months), size 4 cm x 4 cm, colored and taken against a white background.
  • Evidence of sufficient financial capacity to live in the Philippine, such as, but not limited to, bank statement, property deeds, certificates of stocks, proof of pension.
  • Joint affidavit of continuous cohabitation of applicant and the petitioning spouse notarized by an attorney. If in Manila, this can be accomplished a short walk away (ask BI official where to go).

The applicant must possess a valid Philippine visa, specifically a tourist visa, for a minimum of one month when applying for the Permanent Resident Visa (PRV). Additional requirements may be necessary based on the applicant's nationality and personal circumstances, as well as the Filipino spouse petitioning on their behalf. This process involves two stages: first, obtaining the One Year Probationary Visa, followed by the Permanent Resident Visa. In addition to the visa, applicants must also secure a valid Alien Certificate of Residency card (ACR-I), similar to the United States green card, which indicates their residency status. For individuals staying in the Philippines for more than six months, an ACR card is mandatory. However, the card for tourists is distinguishable by its color and label as "Tourist," rather than "Resident." It is important to note that obtaining an ACR card incurs an additional cost on top of the PRV visa fees. The Permanent Resident Visa grants the holder the privilege of residing in the Philippines indefinitely, provided they adhere to the visa conditions and to Philippine laws. Annual compliance involves reporting to the Bureau of Immigration in January and no later than the last day of February and paying a ₱310 peso fee, significantly more cost-effective than extending a tourist visa!

Temporary Resident Visa

            A Temporary Resident Visa in the Philippines is available to a foreign national whose country does not have an existing reciprocity agreement with the Philippines but has contracted a valid marriage, and recognized by Philippine laws, with a Filipino citizen. The children of such foreign national and Filipino citizen who is unmarried and under 21 years old may likewise will avail of a Temporary Resident Visa.

Requirements for a Philippine Temporary Resident Visa application:
  • A joint request letter addressed to the Commissioner of the Bureau of Immigration from the applicant and petitioning Filipino spouse.
  • A duly accomplished Consolidated General Application Form
  • Photocopy of passport bio-page, visa implementation page and latest admission/arrival.
  • Original and photocopy of applicant's Filipino spouse's birth certificate issued by the Philippine Statistics Authority.
  • Original and photocopy of marriage certificate.
  • Valid NBI Clearance of the applicant.
  • Joint affidavit of continuous cohabitation of applicant and the petitioning spouse
  • Clearance Certificate from the Bureau of Immigration.
  • Original or certified true copy of Bureau of Quarantine Medical Clearance, if applicant is a national of any of the countries listed under Annex “A” of Immigration Operations Order No. SBM-14-059-A and who arrived in the Philippines on or after June 2014.

The validity of a Temporary Resident Visa in the Philippines varies. Generally, it is valid for a probationary period of one (1) year. Thereafter, it may be extended every two (2) years. For specific instances, however, such as the one pursuant to Bureau of Immigration Memorandum Order No. Add-01-038, an Indian national who is married to a Filipino citizen can apply for a conversion to a five-year Temporary Resident Visa. The applicant must have a valid Philippine visa (i.e., tourist visa) for at least one month upon application for a TRV.

Special Resident Retiree's Visa

            The SRRV is the Special Resident Retiree's Visa that is issued by the Philippines Bureau of Immigration under the retirement program of the Philippine Retirement Authority (PRA). It gives the holder the privilege to multiple entries to the Philippines and the right to permanently reside in the country. The PRA is an agency of the Philippines Department of Tourism. The main goal of the PRA is to attract former Filipino citizens and foreign nationals to invest, live, and retire in the country as a way of advancing economic development and increasing the country's foreign currency reserve. It is one of the best in the world if you want to retire early. At the young age of 35, one can retire in the Philippines! Other Asian countries also sponsor retirement programs, however only the Philippines and Malaysia offer very early retirement ages in their packages.

SRRV Categories
Classic SRRV:

The Classic Visa gives you more flexibility which is probably why it is the most popular visa for retirees.

  • Applicants between the ages of 35 to 49 can obtain the Classic Visa with a $50,000 deposit.
  • People age 50 or over can qualify with a deposit of $10,000 for those who can prove a guaranteed monthly income of $800 for individuals or $1,000 for couples.
  • Those 50 or over who cannot prove monthly income can still obtain the visa by depositing $20,000.
Smile SRRV:

The Smile Visa is the simplest visas to obtain as long as you are healthy, active, and able to deposit $20,000 in an approved Filipino retirement account and keep it there unless and until you choose to cancel your SRRV.

  • Anyone 35 to 49 years old can apply.
  • The Smile program does not allow you to deploy your capital into an investment.
  • A $20,000 deposit allows you to live in the Philippines on an annually renewable basis and you can pay extra for dependents.
  • A medical clearance is required.
  • A police clearance is required.
Courtesy SRRV:

The Courtesy Visa is for former Filipinos who are 35 years of age or older, as well as for foreign nationals age 50 or above who have served as diplomats, ambassadors, or as officers or staff of an international organization (like the UN or the Asian Development Bank) in the Philippines.

  • If you are married to a former Filipino citizen, your spouse can apply and include you in their application as a dependent.
  • Application fees: $1400 for the main applicant and $300 for the spouse.
  • Deposit amount of just $1500.
  • You could obtain two residencies in under two weeks for less than $3500.
Human Touch SRRV:

The Human Touch Visa is for retirees 35 years old and above who have a need for medical or clinical services.

  • Requires proof of a pre-existing medical condition.
  • Deposit amount $10,000
Privileges of the SRRV:
  1. Tax-free remittance of your annuities and pensions.
  2. Permanent residency with a $360 annual fee.
  3. Guaranteed repatriation of your deposit if you choose to cancel.
  4. The ability to include your spouse and one unmarried dependent below the age of 21 with the original application and deposit amounts.
  5. Few restrictions on nationalities.
  6. No exit clearance and re-entry permit requirements.
  7. Interest on your foreign currency deposit is tax-free and paid to you in Philippine Pesos (PHP).
  8. All SRRV holders can apply for Philippine citizenship, although you will need to have resided in the Philippines for a period of ten continuous years.
  9. One-time tax-free and custom-duties-free importation of household goods and personal effects up to $7,000.
  10. No requirement to obtain the ACR I-Card (Alien Certificate of Registration Immigration Card) from the Bureau of Immigration.
  11. PRA assistance to obtain basic documents from other government agencies including an Alien Employment Permit, a driver's license, a tax exemption/extension certificate, a tax identification number, and your National Bureau of Investigation (NBI) Clearance.
Obligations of the SRRV:
  1. You spouse can inherit the deposit when you die, but they must pay inheritance taxes on the amount before they can have access to the deposit (and they cannot use the funds to pay the tax).
  2. A 30-day written notice is also required if you choose to terminate your participation in the program.
  3. All SRRV deposits must be made in the Development Bank of the Philippines.
  4. You must obtain an Alien Employment Permit from the Department of Labor & Employment if you plan to work in the Philippines.
  5. You must give written notice of any change in the information you provided in your application form, including your name, address, etc. within 30 days of the change.
  6. Unless you invest your deposit money, you must keep your money in the bank. You cannot withdraw your deposit without written permission from the PRA.
  7. If you withdraw your deposit to convert it into an investment, you must pay a visitorial/monitoring fee equal to 1% of the total amount in PHP on an annual basis.
  8. You must follow all the rules and regulations of the PRA.
Balikbayan Visa

           

There is an additional visa option available for individuals looking to extend their stay in the country - the Balikbayan Visa. A "Balikbayan" is defined as a Filipino citizen who has been residing outside of the Philippines for over a year. This visa allows for a one-year visa-free stay under the Balikbayan Program established by Republic Act 6768 (amended by Republic Act 9174). While the Balikbayan Visa is intended for those who have been away from the country for a year, Those returning to the country together from vacation, may also partake of this visa. Upon arrival, simply have the Filipino spouse request a Balikbayan Visa for their partner at the immigration counter. If both individuals share the same last name, a marriage certificate is typically not requested. Though it is advisable to carry a copy of your marriage contract as proof of marriage, just in case. This method has been utilized by many individuals before eventually obtaining the 13 (a) visa. Additionally, one of the perks of the Balikbayan Visa is the opportunity to enjoy an annual vacation!

Balikbayan Visa Rules

The Balikbayan visa is applicable to any of the following:

  • Filipino citizen who has been continuously out of the Philippines for a period of time of more than one year.
  • Overseas Filipino Workers
  • Former Filipino citizens and immediate family that had been naturalized.
  • Immediate family members (spouse and children) of the Balikbayan, who are nationals of countries falling under the visa free countries list, that are traveling together with the Balikbayan.

The Balikbayan visa is free to all qualified individuals who will be arriving in the Philippines. It is possible to get a Balikbayan visa for a foreign spouse provided that they will be traveling with the Balikbayan which will comply with the requirements needed in the Balikbayan Visa program. All necessary documents must be provided at the port of entry. The documents required by both parties are:

  • Cancelled Philippine passport or Philippine Birth Certificate (Filipino).
  • Naturalization paper to show former Philippine citizenship (Filipino).
  • Certification from the adopted country (Filipino).
  • Valid passport (Spouse)
  • Marriage certificate (Spouse)
  • Birth Certificate (Minor Children) or adoption papers.
The Bottom Line

            Many people believe that retiring in the Philippines and securing the proper visa is a challenging task, however, this is far from the truth. I too felt overwhelmed and confused when I first arrived and tried to understand the complexities and procedures needed. I decided to conduct research online and seek advice from various expat forums and groups. It is important to note that not all information found in these forums is accurate, so it is crucial to cross-reference and verify the information provided. Most of the requirements and procedures for retirement are outlined on government websites such as the Bureau of Immigration. However, there website may be difficult to navigate and the information may be buried or missing. It is advisable to seek guidance from fellow expats who have gone through the same process. The Bureau of Immigration itself is a valuable resource for assistance also. They have always been helpful in providing guidance on the necessary steps and procedures. I personally went through the 13 (a) visa process twice, once for the probationary visa and a year later for the permanent visa. The processes were quite similar, with the main challenge being gathering and organizing the required documents and the travel to Manila. I recommend making duplicate copies of all documents except for the NBI clearance, which is only valid for six months. These documents will be needed when applying for permanent residency a year later. The Bureau of Immigration website provides a checklist of required documents for this visa application. The only notable difference between the two visa applications is the requirement for fingerprinting and a photo they take for the probationary visa application. These are not required for the permanent visa application as this information is already on file. The immigration process in the Philippines is often portrayed as a hard or daunting task by some expats online. However, I can assure you that it is not as bad as they make it out to be. In fact, I found the process to be quite manageable and not nearly as challenging as some may lead you to believe. One of the main inconveniences I encountered during the process was the requirement to travel to Manila multiple times for various appointments. This included obtaining an NBI clearance, visiting the Bureau of Immigration to apply, returning to get my passport stamped, and picking up necessary documents for my records. Additionally, there was another trip required to pick up my ACR-I card a few days later. This may pose a challenge for those living far from the main Bureau of Immigration offices, but the end goal of obtaining permanent residency in the Philippines makes it all worthwhile. Despite these minor inconveniences, I was able to navigate through it successfully, I am confident that you can too. Stay focused on the ultimate reward of achieving permanent residency in the Philippines!