Title
Guidelines on Foreign Students' Entry and Stay
Law
Executive Order No. 285
Decision Date
Sep 4, 2000
Executive Order No. 285 streamlines the entry and stay of foreign students in the Philippines by establishing guidelines for their admission, visa processing, and monitoring, while promoting the country as a premier educational destination in the Asia Pacific region.
A

Coverage and Eligibility

  • Applies exclusively to foreign nationals seeking temporary stay solely for higher education beyond high school.
  • Applicants must be at least 18 years old and have adequate means of financial support.
  • Only authorized Philippine educational institutions may admit foreign students.

School Authorization and Responsibilities

  • Only schools accredited by the Federation of Accrediting Agencies of the Philippines (FAAP), Commission on Higher Education (CHED), and Bureau of Immigration (BI) may admit foreign students.
  • Schools must maintain a foreign student unit and regularly submit:
    • Enrollment reports 45 days after semester start.
    • Monthly status updates on foreign student activities.
    • Reports on promotions and academic standing.
  • Non-compliance may lead to cancellation of authority to admit foreign students.

Document Requirements for Enrollment

  • Students must submit:
    • Five copies of a Personal History Statement (PHS) with biometric data.
    • Notarized affidavit of support with proof of financial capacity.
    • Authenticated scholastic records and certified personal identification.
  • Schools issue a Notice of Acceptance (NOA) and submit required documents to the Department of Foreign Affairs (DFA).

Visa Issuance Process

  • Student visas are issued only by Philippine Foreign Service Posts in the student’s home country or legal residence.
  • Students must undergo consular interview and present additional documents such as police clearance and medical certificate.
  • Consular offices issue visas upon verifying all requirements; however, academic fitness is determined solely by the educational institution.

Procedure Upon Arrival and Stay

  • Students must immediately register with BI’s Foreign Student Desk and enroll in the approved school.
  • Schools reassess students’ academic equivalencies.
  • Alien Certificate of Registration and Certificate of Residence for Temporary Students are obtained through the school’s assistance.
  • Initial stay granted for one year, renewable every semester or annually for cause.
  • Transfers, course shifts, and pursuit of additional degrees require proper clearances and BI processing.
  • Conversion from tourist visas to student visas or issuance of Special Study Permits is allowed under regulated safeguards.

Functions of the Bureau of Immigration Foreign Student Desk

  • Handles applications for visa category conversions and study permits.
  • Approves visa extensions and accredits educational institutions.
  • Monitors foreign student activities.
  • Ensures compliance with immigration laws and initiates prosecution if necessary.

Monitoring and Reporting Obligations

  • Schools must submit detailed reports on foreign student enrollment, attendance, and academic status to relevant agencies.
  • NICA and NBI monitor foreign students for national security concerns.
  • Violations of immigration laws lead to visa cancellation and possible deportation.

Exemptions from the Rules

  • Spouses and unmarried dependent children under 21 of certain categories (e.g., permanent residents, holders of working permits, diplomats) are exempt from student visa requirements.
  • Children already enrolled before their parents' category status changes may finish their studies under student visa status.
  • Spouses and children of foreign government officials and international organization personnel may convert to student visa status if their principals lose their admission category.

Composition of the Inter-Agency Committee on Foreign Students

  • Consists of CHED (Chair), DFA (Co-Chair), DECS, BI, NBI, and NICA members.

Duties of the Committee

  • Formulate simplified rules governing foreign student entry, stay, transfers, and course shifts.
  • Coordinate implementation among agencies.
  • Meet regularly for program assessment.
  • Invite other stakeholders as needed.
  • Submit semi-annual reports to the Office of the President.
  • Secretariat support provided by CHED.

Penalties for Non-Compliance

  • Schools violating provisions face cancellation of authority to admit foreign students after due investigation.

Repealing Clause

  • Inconsistent previous orders and regulations are repealed or modified accordingly.

Separability Clause

  • Invalidity of any part does not affect the remaining provisions which remain in full force.

Effectivity

  • The order takes immediate effect upon promulgation.

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