QuestionsQuestions (BI MEMORANDUM CIRCULAR NO. MCL-07-005)
It is known as the “New Rules and Procedures for VIMS (VISA ISSUANCE MADE SIMPLE).” It prescribes the rules and procedures for processing applications for visa issuance, change of immigration status, visa extension, and other special permits before the Bureau of Immigration, aiming for speedy and inexpensive determination of applications, without compromising national sovereignty, internal security, national economy, and family solidarity, and always respecting due process.
It governs processing of applications for and issuance of visas, change of immigration status, visa extensions, and similar proceedings (e.g., cancellation of alien registry, recognition as Filipino citizen, and other special permits) before the Office of the Commissioner, Board of Commissioners, and other units of the Bureau of Immigration.
The circular should be construed liberally in favor of speedy and inexpensive determination of every application, provided that requirements of national sovereignty, internal security, national economy, and family solidarity are not compromised. The Commissioner/Board may suspend the rules and adopt fair and reasonable procedures in extraordinary cases, but cannot dispense with due process.
All applications must comply with the documentary and procedural requirements enumerated in the attached Checklist of Supporting Documents (Annex A), which is made an integral part of the circular.
The Processor conducts a quick completeness review in the presence of the filer. If submissions are deficient, the Processor outrightly returns the application and advises the filer of the deficiency.
After confirming completeness, the Processor causes verification of the applicant’s travel and derogatory records. If a derogatory record exists, the Processor advises the filer of the specifics and possible courses of action. If none, the filer is advised to wait in queue until the Order of Payment Slip (OPS) is released.
Within 24 hours from receipt of the OPS, the filer must effect payment or cause payment of the fees and other assessments reflected on the OPS to the authorized collecting officer.
At the cashier/authorized collecting officer, the applicant must ensure issuance of a systems-generated Official Receipt (OR). The OR must contain particulars of payment and a Notice of Hearing stating the date, time, venue, and the name of the Hearing Officer.
On the appointed hearing dates, the applicant must enrol in the Bureau’s biometric kiosk designed for that purpose, as part of the hearing/processing requirements.
Depending on BOC results, systems-triggered actions include: (a) updating records; (b) preparation of Notice of BOC Action; and (c) systems-generation of OPS for visa implementation fees and other assessments.
The Notice of BOC Action and OPS for implementation fees are transmitted to the applicant via BI-accredited courier; then the applicant pays the visa implementation fees and receives the OR or validated deposit slip. The applicant presents the OR/deposit slip and passport to the Executive Director or designated Implementing Officer for issuance of the appropriate visa or special permit.
It streamlines the process: after verification, OPS release, payment, and biometric enrollment, recommendation is prepared by the Student Desk Officer and recommending approval by the IRD Chief, followed by Commissioner approval for visa conversion, then updating records and issuance of the Endorsement for Registration, releasing the passport, and archiving.
It includes ICT-aided verification, assessment of fees, assignment/raffle to a hearing officer, generation of a Notice of Hearing with tentative BOC deliberation dates, followed by OPS/payment, hearing officer evaluation, BOC deliberation, updates and notice of BOC action, payment for implementation fees, receipt, passport receiving for visa implementation, and archiving.
They include: receiving the application with complete documentary requirements; verification of travel/derogatory records; assessment and generation of OPS; release of OPS; payment and issuance of OR; generation of Order of extension and approval of the Commissioner; updating records; visa implementation and release; and document archiving.
After updating records and implementation, BI generates a Notice to the Registrar on the action taken, then follows Commissioner approval of extension, releasing of passport, and archiving.
Implementation of the BOC-approved visa change of status or extensions must be done without delay by the Executive Director and the Chief, Alien Registration Division. Registration should be effected without requiring further submission of documents already passed upon by the Hearing Officer, except those necessarily essential for implementation/registration.
All circulars, orders, instructions, or other issuances of the Department of Justice and BI inconsistent with the circular are deemed repealed, amended, or modified accordingly.