QuestionsQuestions (CID LAW INSTRUCTIONS NO. 33)
Article 2, Section 12 of the 1987 Constitution—recognition of the sanctity of family life and the State’s duty to protect and strengthen the family as a basic autonomous social institution.
The wife or husband or the unmarried child under twenty-one years of age of a Philippine citizen, if accompanying or following to join such citizen.
To give effect to family unity for spouses/unmarried children of Filipinos, while still respecting reciprocity and national security, in cases involving nationals from countries that do not reciprocally grant immigration privileges to Filipinos or are classified as restricted nationals.
An initial probationary period of one (1) year, renewable thereafter for periods not exceeding three (3) years at one time.
In addition to the documents required for an immigrant visa under the cited provisions, the application must include: clearance from the central government agency of the applicant’s country/place of residence (authenticated by the Philippine Embassy/Consulate), NBI Clearance, and CID Intelligence Clearance (required in lieu of NICA clearance).
It must establish the same facts and be supported by the same documents required for an immigrant visa under Immigration Act Section 13(a) (as enumerated in the referenced law instructions/regulations), with the additional clearances listed in the instructions.
The Board of Commissioners. It meets on the second and fourth Mondays of each month to deliberate on TRV applications.
The applicant may file a motion for reconsideration within five (5) days from notice of the decision.
The Filipino citizen and the alien spouse and unmarried children below twenty-one are subjected to a background investigation to ascertain that the marriage is real and not fictitious.
The alien spouse may request a special work permit; the unmarried children below twenty-one may request special study permits.
At least one (1) month before expiration of the authorized stay. It must set forth facts showing that the basis for the original grant continues to exist.
A completely filled-up application form signed by both spouses; joint affidavit of financial capacity with supporting documents (e.g., ITR, land titles, employment contract/salary/pension); birth certificates of children born after approval/extension; CID Intelligence Clearance; NBI Clearance; and other documents deemed necessary and material.
No. It does not apply if the Filipino spouse is dead (shown by appropriate death certificate) or if one spouse is temporarily absent from the Philippines (shown by appropriate duplicate Special Return Certificate (SRC) and Emigration Clearance Certificate (ECC)).
No TRV extension shall be granted at one time for more than three (3) years, subject to periodic renewal of not more than three (3) years at one time.
If it finds: (1) documents submitted were spurious; (2) marriage is fictitious or simulated; (3) marriage is void for lack of legal capacity; (4) the alien commits an act constituting a ground for deportation under Section 37; or (5) the alien is convicted of offenses defined in Section 45.
Before each departure, the alien must secure documents and pay corresponding fees such as the Emigration Clearance Certificate (ECC), Certificate of Exemption (CE) when applicable, and the Special Return Certificate (SRC).
Nationals of countries that do not grant permanent residence and immigration privileges to Filipinos are not granted permanent residence/immigration privileges in the Philippines under reciprocity; restricted nationals for national security reasons are also not granted such privileges. TRVs are a family-unity exception under these constraints.