Guidelines on foreign students' entry and stay

Policy goals and governing approach

The order establishes a government policy to continuously promote the Philippines as a center for education in the region.
The order promotes foreign student enrollment by encouraging foreign students to study in the Philippines.
The order aims to develop awareness of the Philippine educational system by neighboring countries.
The order provides that duly accepted foreign students may avail of the facilities of the Philippine educational system.
The order requires procedures to address national security and other concerns and to determine bona fide foreign students.

Coverage: who may enter as students

Section 1(A)(1) covers only aliens who seek temporary stay solely to take up a course higher than high school at a university, seminary, academy, college, or school duly authorized to accept foreign students.
Section 1(A)(1) limits coverage to aliens who are least eighteen (18) years of age at the time of enrollment.
Section 1(A)(1) requires that covered aliens have means sufficient for education and support of study.
Section 1(A) limits the core covered purpose to higher-than-high-school study and excludes other purposes as a basis for coverage under the order.
Section 1(A) requires both the institutional authorization and the student’s eligibility (age and sufficient means) as conditions for coverage.

Institutional eligibility and CHED/BI lists

Section 1(B)(2) authorizes only schools whose programs are recognized by the Commission on Higher Education (CHED) to accept foreign students.
Section 1(B)(2) requires CHED to prepare an updated list of such schools at regular intervals and forward the list to the Bureau of Immigration (BI).
Section 1(B)(2) requires CHED and BI to consult each other while preparing the list, considering their respective mandates under existing laws and regulations.
Section 1(B)(2) requires copies of the list to be furnished to the Department of Foreign Affairs (DFA), National Bureau of Investigation (NBI), National Intelligence Coordinating Agency (NICA), and the authorized schools.
Section 1(B)(2) requires every authorized school to establish a foreign students unit to maintain authorization.

School reporting and loss of authority

Section 1(B)(2) requires each authorized school, through its foreign students unit, to submit:
- an acceptance/enrollment report on foreign students one month after the end of each enrollment period, and
- a monthly status report to the BI, with copies furnished to the CHED and the NICA.
Section 1(B)(2) requires the school reports to emphasize who is missing, has transferred, or dropped from the rolls.
Section 1(B)(2) provides that failure to comply with the reporting requirements is a ground for cancellation by the CHED of the school’s authority to admit foreign students.

Certificate of Eligibility and facility-restriction rules

Section 1(B)(3) limits the Certificate of Eligibility for Admission (CEA) addressed to the accepting school to cases where there are restrictions on enrollment of foreign students due to shortage of facilities, such as enrollment in medicine and dentistry.
Section 1(B)(3) provides that once issued, the CEA remains valid for the duration of the course of study, provided the student attends classes and continues to receive satisfactory grades.
Section 1(B)(3) requires CHED, not later than sixty (60) days from the effectivity of the Executive Order, to prepare for distribution to the DFA, BI, NBI, and NICA:
- a list of schools authorized to accept foreign students, and
- an updated list of programs or courses with restrictions or quota due to shortage of school facilities.
Section 1(B)(3) allows CHED to update these lists from time to time as may be necessary.

Equivalency and level completion requirement

Section 1(B)(4) requires CHED, in consultation with the Department of Education, Culture and Sports (DECS), to provide schools comparative equivalencies between major foreign educational systems or programs and those of the Philippines.
Section 1(B)(4) requires that if questions arise about equivalencies, the school must secure CHED comments before accepting a foreign student for enrollment.
Section 1(B)(5) requires that enrollment at any level requires completion of the lower particular level (e.g., tertiary/collegiate applicants must be graduates of high school or its equivalent).

Applications, school information, and required documents

Section 1(B)(6) allows each individual school to launch information campaigns to solicit and receive applications directly from prospective foreign students.
Section 1(B)(6) allows schools, for these campaigns, to seek assistance of the DFA and the Department of Tourism.
Section 1(B)(7) requires the foreign student to communicate directly with the school and comply with school institutional requirements, including submission of documents.
Section 1(B)(7)(a) requires the original copy of the student’s Personal History Statement, duly signed by the student in English and in his national alphabet, accompanied by the student’s personal seal, if any, and containing left and right hand thumbprints and a 2A2-inch photograph on plain white background taken not more than six months prior to submission.
Section 1(B)(7)(b) requires documentary proof of adequate financial support for accommodation and subsistence, and school dues and other incidental expenses.
Section 1(B)(7)(d) requires scholastic records duly authenticated by the Philippine Foreign Service Post located in the student applicant’s country of origin or legal residence.

School acceptance, Notice of Acceptance, and document forwarding

Section 1(B)(8) requires that when the school is satisfied with the student’s compliance, it issues a Notice of Acceptance (NOA) to the student.
Section 1(B)(8) requires the school to submit a duplicate copy of the NOA to the DFA, together with:
- a certified true copy of CHED’s CEA when necessary,
- the original copy of the student’s Personal History Statement,
- copies of the student’s scholastic records, and
- proof of financial capacity/support.
Section 1(B)(8) requires the hand-carrying of these documents to the DFA by the school’s designated liaison officer, under a cover letter on the school’s official stationery signed by the school’s registrar and stamped with the school’s official dry seal, requesting issuance of a visa to the person named therein.
Section 1(B)(8) requires the school to furnish CHED and BI with a copy of the NOA issued to the student and the CHED’s CEA when applicable.
Section 1(B)(8) ties the visa process to both school acceptance (NOA) and, where applicable, facility restrictions (CEA).

DFA indorsement and visa issuance requirements

Section 1(B)(9) requires the DFA to indorse the documents to the Philippine Foreign Service Post in the student’s country of origin or legal residence for student visa issuance.
Section 1(B)(9) requires DFA to ascertain the student’s identity and admissibility under existing DFA regulations before indorsing.
Section 1(C)(10) requires foreign students whose student visa applications are approved to 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.
Section 1(C)(10) prohibits conversion from other visa categories to a student visa.
Section 1(C)(11) requires the Philippine Foreign Service Post to notify the student in writing of document receipt and require the student to appear in person before a Consular Officer for interview and consular requirements compliance.
Section 1(C)(11) requires the student, in addition to DFA-transmitted documents, to submit:
- original copy of the school’s NOA with a clear impression of the school’s dry seal,
- original copy of the CEA issued by CHED when enrolled in courses/programs with restrictions due to shortage of facilities such as Medicine or Dentistry,
- Police Clearance issued by the national police authorities in the student’s country of origin or legal residence and authenticated by the Philippine Foreign Service Post with consular jurisdiction,
- a Medical Health Certificate by an authorized physician including a standard-size chest x-ray.
Section 1(C)(11) directs that the consular office shall not assume the task of determining the student’s scholastic fitness for the applied program.
Section 1(C)(11) provides that the student visa is issued once all requirements are accomplished.
Section 1(C)(11) requires notice of visa issuance to be furnished by DFA to the school, CHED, BI, NBI, and NICA once DFA receives a report from the issuing post.
Section 1(C)(11) requires the Foreign Service Post to forward copies of the student’s documents to CHED for filing, and to make the documents available to BI, NBI, and NICA when necessary.

Entry on arrival and correct school enrollment

Section 1(D)(12) requires that upon arrival, the student must report immediately to the accepting school for entry processing requirements.
Section 1(D)(12) requires enrollment only in the school that issued the student’s NOA.
Section 1(D)(12) requires the school to reassess the student’s competency level and establish scholastic comparative equivalence if necessary.

Immigration documents and authorized stay

Section 1(D)(13) requires the school to assist the student in obtaining an Alien Certificate of Registration (ACR) and Certificate of Residence for Temporary Student (CRTS) from the BI.
Section 1(D)(13) provides that the student’s authorized period of stay must be consistent with the length of the course of study accepted by the Philippine school.

Monitoring, reports, and investigations

Section 1(E)(14) requires that within one month after the close of enrollment period, the school must promptly report to BI, CHED, and NICA the names of foreign students accepted but who failed to enroll for first time or for subsequent terms.
Section 1(E)(14) requires monthly status reports of foreign students to BI “as may be deemed necessary” by the Committee.
Section 1(E)(14) requires that at the end of each term, the school report to BI, CHED, and NICA:
- foreign students who dropped out,
- foreign students who failed to take the final examination for the term, and
- foreign students who completed their courses.
Section 1(E)(14) provides that non-compliance by schools to submit the required reports is a ground for cancellation by the CHED of their authority to accept foreign students.
Section 1(E)(15) requires NICA and NBI to check foreign students’ activities when necessary and when they appear inimical to the security of the State.
Section 1(E)(15) requires that criminal complaints filed against foreign students be referred to the NBI for investigation and appropriate action.
Section 1(E)(16) requires the BI to investigate, apprehend, and prosecute if necessary foreign students not complying with Philippine immigration laws and regulations.
Section 1(E)(16) provides that 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 permit

Section 1(F)(a) exempts tertiary enrollment in Philippine schools of the spouses and unmarried dependent children below 21 years old of certain alien categories from requiring a student visa and BI special study permit.
Section 1(F)(a) lists exempt categories including:
- (1) permanent foreign residents,
- (2) aliens with valid working permits under Section 9(d), 9(g) and 47(a)(2) of the Philippine Immigration Act of 1940, as amended,
- (3) personnel of foreign diplomat and consular missions residing in the Philippines,
- (4) personnel of duly accredited international organizations residing in the Philippines,
- (5) holders of Special Investor’s Resident Visa (SIRV) and Special Retiree’s Resident Visa (SRRV),
- (6) foreign students coming to the Philippines with 47(a)(2) visas issued pursuant to existing laws, e.g. P.D. 2021.
Section 1(F)(a) extends the same privilege to principals who may wish to take advantage of the educational facilities in the country.
Section 1(F)(b) allows children already enrolled before marriage and/or before reaching age 21 to finish studies without needing a student visa and BI special study permit, as long as their principals remain in the country under the above-mentioned admission categories.
Section 1(F)(c) allows spouses and children of personnel of foreign diplomatic and consular missions and duly accredited international organizations located in the Philippines who desire to remain to enroll for the first time or finish studies higher than high school and qualify under prescribed regulations to convert their admission category to that of a student visa under Section 9(f) of the Philippine Immigration Act of 1940, as amended, following applicable procedure, in the event their principals lose their admission category as Foreign Government Official under Section 9(e) of the same Act.
Section 1(F)(c) extends the conversion privilege to principals who may wish to take advantage of the educational facilities.

Inter-agency Committee creation and membership

Section 2 creates an Inter-Agency Committee on Foreign Students to be referred to as the Committee.
The Committee includes: CHED (Chairman), DFA (Co-Chairman), DECS (Member), BI (Member), NBI (Member), and NICA (Member).
Section 2 establishes the Committee as an inter-agency body for implementing the order’s foreign student entry and stay system.

Committee powers, timelines, and reporting

Section 3(a) requires the Committee to promulgate simplified procedures and implementing guidelines governing entry and stay of foreign students, and rules limiting school transfers and course shifting of foreign students under the Executive Order.
Section 3(a) sets the promulgation deadline at within sixty (60) days from the effectivity of the Executive Order.
Section 3(b) requires the Committee to monitor and coordinate implementation with concerned departments and agencies.
Section 3(c) requires regular meetings to assess program progress and ensure encouragement of the Philippines as a center for education in the region.
Section 3(d) authorizes the Committee to request representatives from other agencies and/or the private sector to attend meetings when necessary and proper.
Section 3(e) requires a semi-annual report to the Office of the President through the Office of the Executive Secretary on the status of foreign students.
Section 3(e) fixes report deadlines at before the end of September and February of each school year’s first and second semesters, respectively.
Section 3 requires CHED to provide the secretariat supporting the Committee’s functions.

Repeal and separability

Section 5 repeals executive issuances, regulations, or parts thereof inconsistent with Executive Order No. 423.
Section 6 provides that if any part or provision is held unconstitutional or contrary to law, the remaining provisions continue in full force and effect.