Policy intent and liberalized entry approach
- The government policy promotes the Philippines as a center for education in the Asia Pacific region by encouraging foreign students to study in the country and by allowing duly accepted foreign students to benefit from the Philippine educational system.
- The government recognizes the importance of openness and vigilance in determining bona-fide foreign students.
- The government intends to liberalize procedures and requirements in foreign student entry without compromising national security by using a systematic document-processing and approval method.
Coverage: who may be covered
- Only aliens seeking temporary stay in the Philippines solely to take up a course higher than high school are covered.
- Coverage applies when the foreign student enrolls in a university, seminary, college, academy, or school that is duly authorized to admit foreign students.
- Coverage requires that the foreign student is at least 18 years of age at the time of enrollment.
- Coverage is limited to foreign students who have means sufficient for their education and support of study.
- Exemption categories under Section 1-F relieve certain persons from needing a student visa and BI Special Study Permit.
School authority, accreditation, and CHED authority
- Only schools with programs accredited by the Federation of Accrediting Agencies of the Philippines (FAAP) or with equivalent accreditation by CHED and the Bureau of Immigration (BI) are authorized by CHED to admit foreign students under Section 1-B.
- CHED must prepare, at regular intervals, an updated list of such schools in consultation with BI, taking into account each agency’s mandates under existing laws and regulations.
- CHED furnishes copies of the list to BI, the Department of Foreign Affairs (DFA), the National Bureau of Investigation (NBI), the National Intelligence Coordinating Agency (NICA), and authorized schools.
- Authorized schools must establish a foreign student unit within their organization.
- To maintain authority, schools—through their foreign student unit—must submit required reports to BI, with copies furnished to CHED and NICA, as follows:
- an enrollment report on foreign students 45 days after commencement of classes every semester, including the names of those accepted but who failed to enroll for the first time or subsequent terms;
- a monthly status report, as may be deemed necessary, emphasizing anyone who is missing, has transferred, dropped from the rolls, or has derogatory records;
- a report on promotions including those who failed to take final examinations and those with deficiencies.
- Failure to comply with the required reports constitutes a ground for cancellation by CHED of the school’s authority to admit foreign students under Section 1-B.
- CHED clears the Certificate of Eligibility for Admission (CEA) addressed to the accepting school only when restrictions exist on enrollment due to shortage of facilities, such as enrollment in medicine and dentistry under Section 1-B.
- CHED and the Department of Education, Culture and Sports (DECS) must assist schools on comparative equivalences between foreign educational systems and those of the Philippines.
- Accreditation of advanced credits earned abroad in specific areas and levels is limited to the authorized number fixed by CHED, including:
- advanced credits earned in college, or
- credits in Science, English, and Mathematics in the 11th and 12th year levels of secondary education.
- Credits granted in excess of the authorized number for a degree course must be subject to validating examinations administered by the accepting institution, subject to CHED information under Section 1-B.
- Enrollment at any level requires completion of the lower particular level (e.g., tertiary applicants must be high school graduates or equivalent) under Section 1-B.
- Schools may conduct information campaigns to solicit and receive applications directly from prospective foreign students and may seek assistance of DFA and Department of Tourism.
Foreign student documents and acceptance flow
- The processing of documents is conducted between the school and the government agency concerned under Section 1-B.
- Foreign students communicate directly with the school and must comply with the school’s institutional requirements, including submission of the following documents:
- Five (5) copies of the Student’s Personal History Statement (PHS), duly signed by the student, in English and in the student’s national alphabet, accompanied by the student’s personal seal if any, and containing left and right thumbprints and a 2 x 2 inch photograph on plain white background taken not more than six months prior to submission;
- a notarized affidavit of support including bank statements or a notarized notice of grant for institutional scholars to cover expenses for accommodation and subsistence, as well as school dues and other incidental expenses;
- scholastic records duly authenticated by the Philippine Foreign Service Post in the student applicant’s country of origin or legal residence;
- a photocopy of the passport data page showing date and place of birth, and a birth certificate or equivalent duly authenticated by the Philippine Foreign Service Post.
- When the school is satisfied of the student’s compliance, it issues a Notice of Acceptance (NOA) to the student and submits a duplicate copy of the NOA to the DFA, together with a certified true copy of the CHED’s CEA when necessary and the document requirements under Section 1-B-7 a to d.
- The school’s designated liaison officer must handcarry these documents to the DFA under the school’s official stationery signed by the school registrar and stamped with the school’s dry seal, requesting issuance of a student visa to the person named.
- The DFA indorses the documents to the Philippine Foreign Service Post in the student’s country of origin or legal residence for the issuance of the student visa after ascertaining identity and admissibility under existing DFA regulations.
Student visa issuance and consular requirements
- Foreign students with approved student visa applications must secure their visas from the Philippine Foreign Service Post in their country of origin or legal residence, regardless of where they are at the time of application.
- The Philippine Foreign Service Post notifies the student in writing upon receipt of documents and requires personal appearance before a Consular Officer for interview and compliance with consular requirements.
- The student must submit to the consular office the following, in addition to the documents transmitted by the DFA:
- the original copy of the school’s NOA containing a clear impression of the school’s dry seal;
- a police clearance issued by national police authorities in the student’s country of origin or legal residence and authenticated by the Philippine Foreign Service Post having consular jurisdiction;
- a medical health certificate issued by an authorized physician, including but not limited to a standard-size chest x-ray and HIV and Hepatitis B clearance.
- The consular office does not assume the task of determining the student’s scholastic fitness for the program applied for.
- The consular office issues the student visa once all requirements are accomplished.
- The DFA furnishes a notice of visa issuance to the school, CHED, BI, NBI, and NICA when it receives the report of visa issuance from the issuing post.
Arrival registration, stay rules, and BI desk functions
- Upon arrival, the student must report immediately to the BI Students Desk for registration and to the accepting school and must enroll in the school that issued the NOA.
- The school must reassess the student’s competency level and establish scholastic comparative equivalence when necessary.
- The school, through its foreign student unit, assists the student in obtaining the necessary Alien Certificate of Registration (ACR) and Certificate of Residence for Temporary Students (CRTS) from BI.
- The authorized period of stay must be consistent with the length of the course of study for which the student was accepted.
- The initial period of stay is one year, then is renewed by the BI Students Desk every semester and for cause, which may be approved for one year.
- To pursue another degree program higher than the original course completed, the foreign student must submit clearances/indorsements to BI for approval and subsequent processing of student visa extensions, including:
- Personal History Statement form duly accomplished;
- notarized affidavit of support;
- official transcript of record;
- NBI clearance;
- NOA from the admitting school and other concerned agencies.
- Course shifting or change of school requires prior CHED/DECS clearances.
- Conversion of a tourist visa category to a student visa and issuance of a Special Study Permit is restored.
- Schools and Inter-Agency members must assist foreigners already in the country under any valid visa arrangement who apply/petition to convert status to a student visa or to obtain a Special Study Permit, provided prerequisites are complied with and safeguards for national security are adequately and appropriately undertaken.
- BI establishes a Foreign Student Desk with functions to:
- handle and screen applications/petitions for conversion to a student visa or for issuance of a Special Study Permit, and recommend action to the BI Commissioner;
- process and act on student visa extension applications and approve per semester or for cause per year;
- accredit higher educational institutions (HEIs) to accept foreign students in coordination with CHED;
- implement approved conversion and downgrading from student visa category 9f to 9a;
- issue BI clearance to student visa applicants;
- monitor foreign students’ activities.
Monitoring, security checks, and enforcement
- Within one and a half months after the start of classes, schools, through their foreign student unit, must submit to BI (with copies furnished to CHED, NICA, and NBI) an enrollment report on all foreign students, including names of foreign students accepted but who failed to enroll for the first time or subsequent terms.
- Schools must submit monthly status reports to BI, as may be deemed necessary, on missing persons, transfers, drop-outs, and foreign students with derogatory records.
- At the end of each term, schools must report to BI those who failed to take final examinations and those who completed their courses.
- The promotion report must be submitted to BI for appropriate action on requests for student visa extension.
- Non-compliance by schools to submit the required reports is a ground for cancellation by CHED of their authority to accept foreign students.
- NICA and NBI must check, whenever necessary, activities of foreign students brought to their attention that appear inimical to the security of the State.
- Criminal complaints filed against foreign students are referred to NBI for investigation and appropriate action.
- These agencies must take steps necessary to safeguard due process in valid application, visa issuance, and entry authorization.
- BI must investigate, apprehend, and prosecute foreign students who are not complying with Philippine immigration laws and regulations.
- Violation of immigration laws and regulations is a ground for cancellation of a student visa and deportation of the student concerned.
Exemptions from student visa and Special Study Permit
- Certain persons are exempt from coverage and are not required to secure a student visa and BI Special Study Permit, including:
- tertiary enrollment in Philippine schools by spouses and unmarried dependent children below 21 years old of specified alien categories;
- permanent foreign residents;
- aliens with valid working permits under Section 9(d), 9(g), and 47(a)(2) of the Philippine Immigration Act of 1940, as amended;
- personnel of foreign diplomatic and consular missions residing in the Philippines;
- personnel of duly accredited international organizations residing in the Philippines;
- holders of Special Investor’s Resident Visa (SIRV) and Special Retirees Resident Visa (SRRV);
- foreign students entering with 47(a)(2) visas issued pursuant to existing laws, e.g., P.D. 2021.
- The exemption privilege extends to principals who wish to take advantage of the educational facilities of the country.
- Children of the above-mentioned admission categories who were already enrolled before marriage and/or before reaching 21 years old may finish their studies and convert their admission category to student visa under Section 9(f) of the Philippine Immigration Act of 1940, as amended, as long as their principals remain in the country.
- Spouses and children of personnel of foreign diplomatic and consular missions and duly accredited international organizations in the Philippines who wish to enroll for the first time or finish studies higher than high school and qualify under prescribed regulations may convert to a student visa under Section 9(f) in accordance with the applicable procedure if their principals lose admission category as foreign government officials under Section 9(e) of the Philippine Immigration Act of 1940, as amended.
- The privilege is also extended to the principals who wish to take advantage of the educational facilities of the country.
Committee on Foreign Students: creation and powers
- An Inter-Agency Committee of Foreign Students is created under Section 2 and is referred to as the Committee.
- The Committee membership includes:
- Commission on Higher Education (CHED) as Chairman;
- Department of Foreign Affairs (DFA) as Co-Chairman;
- Department of Education Culture and Sports (DECS) as Member;
- Bureau of Immigration (BI) as Member;
- National Bureau of Investigation (NBI) as Member;
- National Intelligence Coordinating Agency (NICA) as Member.
- CHED provides the secretariat to support the Committee under Section 3.
Committee duties and reporting timeline
- The Committee must promulgate simplified procedures and implementing guidelines governing the entry and stay of foreign students and rules limiting school transfer and course shifting, within sixty (60) days from effectivity.
- The Committee must monitor and coordinate implementation of the Order with the relevant departments and agencies.
- The Committee must meet regularly to assess program progress to ensure effective promotion of the Philippines as a center for education in the region.
- The Committee must request representatives from other agencies and/or the private sector to attend meetings when necessary and proper.
- The Committee must submit a semi-annual report to the Office of the President through the Office of the Executive Secretary.
- The semi-annual reports must be submitted before the end of September and February of each school year’s first and second semesters, respectively.
Penalties and sanctions for violating compliance
- Any school found after due investigation by CHED and/or BI to have violated any provision on compliance must suffer cancellation of the authority to admit foreign students under Section 4.
Repeal, separability, and continuing effect
- All executive issuances and regulations, or parts of them, that are inconsistent with the Order are repealed or modified accordingly under Section 5.
- If any part or provision is held unconstitutional or declared contrary to law, the remaining parts or provisions continue in full force and effect under Section 6.