QuestionsQuestions (BI OFFICE MEMORANDUM ORDER NO. MCL-07-005)
It is an implementing guideline issued by the BI to implement the permanent resident visa for Chinese nationals based on reciprocity, pursuant to Memorandum Order No. MCL-07-021 dated December 14, 2007 and related correspondence from the Chinese Embassy.
Chinese nationals with investment in the Philippines may be granted a quota/preference visa under Section 13 of CA No. 613, as amended, subject to the numerical limitation of 50 nationals per calendar year.
They must submit: (1) a General Application Form duly accomplished and notarized (BI Form No. MCL-07-01); (2) true copy of passport showing BI stamp of admission and validity of stay; (3) proof of investment of at least US$40,000 or possession of special qualification/skill; (4) medical certificate from the Bureau of Quarantine; (5) BI and NICA clearances; and (6) payment of application and express lane fees.
The legal spouse and the natural/legitimate child/children under 21 years of age and unmarried may be applied for as dependents.
Proofs of relationship duly authenticated by the Philippine Foreign Service Post located in the petitioner's country of origin.
The petitioning Filipino spouse must submit: (1) a verified letter request; (2) General Application Form duly accomplished and notarized (BI Form No. MCL-07-01); (3) plain photocopy of the alien spouse’s passport showing dates of arrival and authorized stay; (4) NSO marriage certificate, or if married abroad, a marriage certificate authenticated by the Philippine Embassy/Consulate where the marriage was solemnized; (5) NSO birth certificate of the petitioning Filipino spouse; (6) NSO birth certificate of minor child/children; (7) BI clearance; and (8) payment of application and express lane fees.
The marriage certificate must be authenticated by the Philippine Embassy/Consulate in the place where the marriage was solemnized.
The petitioning permanent resident must submit: (1) a verified letter request; (2) General Application Form duly accomplished and notarized (BI Form No. MCL-07-01); (3) true copies of (i) the applicant’s passport with valid entry visa and admission and updated stay, (ii) the petitioner’s passport with permanent resident visa stamped, and (iii) the petitioner’s ACR I-Card; (4) clear photocopy of marriage/birth certificate or family register evidencing relationship duly authenticated by the Philippine Consulate/Embassy in the applicant’s country of origin or residence; (5) BI clearance; and (6) payment of application and express lane fees.
It refers to non-citizens who acquired legal residence in the Philippines under, among others: CA No. 613 as amended; EO No. 324 (1988) Alien Legalization Program of 1988; and RA 7919 and RA 8274 known as the Alien Social Integration Act of 1995.
Applications must be filed at the Receiving Section (Window 1) at the ground floor of the Main Building, Magallanes Drive, Intramuros, Manila. Applications filed at the sub-ports must be immediately forwarded to the Office of the Commissioner for evaluation.
Each application is evaluated by the Office of the Commissioner or its authorized representative. If a hearing is necessary, the notice of hearing is sent by registered mail to the given address. The hearing is to determine the applicant’s qualification.
Failure to attend the scheduled hearing date despite notice or without sufficient justification causes summary dismissal. Failure to complete all documents may also be a reason for summary dismissal.
Within ten (10) working days from receipt, the Office of the Commissioner (or designated representative) submits its recommendation to the Commissioner or the Board of Commissioners.
A certified true copy of the BOC action is immediately sent by registered mail to the petitioner and applicant concerned.
Upon approval, the petitioner and applicant proceed to the Office of the Executive Director for visa implementation upon payment of the appropriate immigration fees.
Motions for reconsideration must be filed within five (5) calendar days from receipt of the Order of denial. Motions filed out of time are not entertained.
No second motion for reconsideration shall be entertained.
The Board may revoke, upon proper notice and hearing, for causes including: presentation of spurious documents; false investment or relationship; void marriage; acts constituting grounds for deportation under Section 37 of the PIA (as amended); commission of offenses defined in Sections 45 and 46 of the PIA (as amended); or determination by a competent authority that the applicant is a threat to national security, public safety, or public health.
It indicates the basis of issuance as: “Issued pursuit to Memorandum Order No. MCL-07-021 dated December 14, 2007 and BOC approval date ____.”