QuestionsQuestions (EXECUTIVE ORDER NO. 423)
EO 423 covers only aliens who seek to stay temporarily in the Philippines solely to take up a course higher than high school at a duly authorized university, seminary, academy, college, or school, who are at least eighteen (18) years old at the time of enrollment, and who have sufficient means for education and support.
CHED determines and recognizes which schools/programs are authorized to accept foreign students. CHED prepares an updated list of such schools and forwards it to the Bureau of Immigration (BI), with consultation between CHED and BI.
The CEA is issued by CHED addressed to the accepting school only when restrictions exist on enrollment of foreign students due to shortage of facilities (e.g., medicine and dentistry). It remains valid for the duration of the course, provided the student attends classes and maintains satisfactory grades.
The CEA remains valid for the duration of the course of study. The student must attend classes and continue to receive satisfactory grades.
Schools must religiously submit (1) an acceptance/enrollment report one month after each enrollment period, and (2) a monthly status report to the BI (copied to CHED and NICA), emphasizing who is missing, transferred, or dropped. Failure to comply is a ground for cancellation by CHED.
Required documents include: (a) the school’s original NOA bearing a clear impression of the school dry seal; (b) the original CEA if enrolled in restricted programs (e.g., medicine/dentistry); (c) a Police Clearance authenticated by the Philippine Foreign Service Post; and (d) a Medical Health Certificate including a standard-size chest x-ray. The consular office uses these in addition to the DFA-transmitted documents.
The consular office shall not assume the task of determining the student's scholastic fitness for the program applied for and must issue the student visa as soon as all requirements are accomplished.
Foreign students must secure their visas from the Philippine Foreign Service Post in their country of origin or legal residence, regardless of where they are at the time of application.
No. EO 423 expressly provides that conversion from other visa category to that of a student visa is not permitted. This is important because applicants must apply for the correct category at the outset.
Upon arrival, the student must report immediately to the accepting school and enroll only in the school that issued the NOA. The school may reassess competency level and establish comparative equivalence if necessary.
The student’s authorized period of stay must be consistent with the length of the course of study to which the student has been accepted by the Philippine school.
Within a month after close of the enrollment period, schools must report promptly to the BI, CHED, and NICA names of accepted foreign students who failed to enroll (first time or subsequent terms). They must submit monthly status reports as may be deemed necessary. At the end of each term, they must report to BI, CHED, and NICA those who dropped out, failed final exams, and those who completed courses.
NICA and NBI check, whenever necessary, activities of foreign students that appear inimical to State security. Criminal complaints involving foreign students are referred to the NBI for investigation and appropriate action.
The BI shall investigate, apprehend, and prosecute foreign students who do not comply with Philippine immigration laws and regulations. Violation is a ground for cancellation of a student visa and deportation of the student.
Exempted are: spouses and unmarried dependent children below 21 years old of certain aliens, who do not need student visas/BI special study permits, including (1) permanent foreign residents; (2) aliens with valid working permits under specified sections of the 1940 Immigration Act; (3) diplomatic/consular mission personnel; (4) personnel of duly accredited international organizations; (5) holders of SIRV and SRRV; and (6) foreign students coming with 47(a)(2) visas under existing laws (e.g., PD 2021).
Children already enrolled before marriage and/or before reaching age 21 may finish their studies without needing a student visa and BI special study permit, as long as their principals remain in the country under any of the covered admission categories.
The Committee includes: CHED (Chairman), DFA (Co-Chairman), DECS (Member), BI (Member), NBI (Member), and NICA (Member). CHED provides the secretariat.