Question & AnswerQ&A (CID LAW INSTRUCTIONS NO. 33)
The constitutional basis is Article 2, Section 12 of the 1987 Constitution which recognizes the sanctity of family life and mandates the State to protect and strengthen the family as a basic autonomous social institution.
An alien who is the wife, husband, or unmarried child under twenty-one years of age of a Philippine citizen may be admitted as a "non-quota immigrant" if accompanying or following to join such citizen according to Section 13(a) of the Immigration Act.
Reciprocity means that nationals of countries that do not grant permanent residence and immigration privileges to Filipinos are, under mutual understanding, not granted permanent residence and immigration privileges in the Philippines, except for certain temporary resident visas.
Such aliens are granted a Temporary Resident Visa (TRV) valid for an initial probationary period of one year and renewable thereafter for periods not exceeding three years at one time.
Applicants must submit clearance from their country's central government agency regarding criminal records, duly authenticated by the Philippine Embassy or Consulate; NBI Clearance; and CID Intelligence Clearance (substituting the NICA Clearance).
The probationary period is to allow background investigations to ascertain that the marriage is real and not fictitious.
The alien spouse may be granted a Special Work Permit, and the unmarried children below twenty-one years may be granted Special Study Permits upon request.
The visa may be revoked if documents presented are found spurious, if the marriage is fictitious or simulated, if the marriage is void for lack of legal capacity, if the alien commits acts constituting deportation grounds under Section 37, or if convicted of offenses defined in Section 45.
An extension application must be filed at least one month before expiration, including an application form signed by Filipino and alien spouses, joint affidavit of financial capacity, birth certificates of children born during the term, CID Intelligence Clearance, NBI Clearance, and other necessary documents, processed by the Board of Special Inquiry following Law Instructions No. 26.
Fees include Alien Certificate of Registration (P210 or P260 depending on age), ACR booklet (P30), Alien head tax (P5.25), Certificate of Residence (Temporary Visitor) (P125), Passport visa fee (P410), Change of status fee (P210), Emigration Clearance Certificate (P310), Certificate of Exemption (P260), and Special Return Certificate (P60).
The Board of Commissioners handles the deliberation and approval of such visa applications, meeting on the second and fourth Mondays of each month.