Legal basis and reciprocity framework
- The guidelines are anchored on Section 13 of Commonwealth Act No. 613, as amended, which governs the grant of a quota or preference visa for Chinese nationals who qualify.
- The permanent resident visa for certain Chinese nationals is granted on the basis of reciprocity.
- The guidelines implement permanent resident visa rules under Memorandum Order No. MCL-07-021 dated December 14, 2007.
- The guidelines cross-reference the Philippine Immigration Act of 1940, as amended through its Section 37 (deportation grounds) and through its Sections 45 and 46 (offenses).
Policy: implementation of Chinese PR visa
- The BI must implement a permanent resident visa for Chinese nationals through defined qualification criteria and a processing workflow.
- The guidelines establish application requirements and documentary proofs needed for permanent resident visa processing.
- The guidelines establish conditions under which the BI may revoke a permanent resident visa.
Definitions: “lawful permanent alien resident”
- Lawful permanent alien resident refers to non-citizens who acquired legal residence in the Philippines under any of the following:
- Commonwealth Act No. 613, as amended
- EO No. 324 (series of 1988) also known as the “Alien Legalization Program of 1988”
- RA 7919 and RA 8274 also known as the “Alien Social Integration Act of 1995”
Scope: covered Chinese nationals and relationships
- A Chinese national with investment in the Philippines qualifies for a quota or preference visa under Section 13 of Commonwealth Act No. 613, as amended, subject to a numerical limitation of 50 nationals per calendar year.
- A Chinese national who is validly married to a Filipino spouse qualifies for a permanent resident visa under Memorandum Order No. MCL-07-021.
- A Chinese national who is validly married to a lawful permanent resident alien in the Philippines, including their legitimate and natural children, qualifies for a permanent resident visa under Memorandum Order No. MCL-07-021.
- The legal spouse and natural and legitimate child/ren under 21 years of age and unmarried of the petitioner may apply as dependents in the investment-based category, subject to proof of relationship.
Visa entitlement and documentary requirements
- For investment-based Chinese nationals (quota/preference visa), the application must include:
- A general application form duly accomplished and notarized (BI Form No. MCL-07-01)
- A true copy of the petitioner’s passport showing the BI stamp of admission and validity of stay
- Proof of investment of at least US$40,000 or possession of special qualification or skill
- A medical certificate from the Bureau of Quarantine stating the alien is not afflicted with any dangerous, contagious or loathsome disease
- BI and NICA clearances
- Payment of the application and express lane fees
- Dependents in the investment-based category may apply by submitting, among other requirements, proofs of relationship duly authenticated by the Philippine Foreign Service Post located in the petitioner’s country of origin.
- For Chinese nationals married to a Filipino spouse, the application must include:
- A verified letter request from the petitioning Filipino spouse
- A general application form duly accomplished and notarized (BI Form No. MCL-07-01)
- A plain photocopy of the passport of the alien spouse showing dates of arrival and authorized stay
- An NSO-issued Marriage Certificate; for marriages outside the Philippines, the marriage certificate must be authenticated by the Philippine Embassy/Consulate where the marriage was solemnized
- An NSO-issued Birth Certificate of the petitioning Filipino spouse
- NSO-issued Birth Certificate/s of minor child/ren
- BI clearance
- Payment of the application and express lane fees
- For Chinese nationals married to a lawful permanent resident alien in the Philippines, including legitimate and natural children, the application must include:
- A verified letter request from the petitioning permanent resident
- A general application form duly accomplished and notarized (BI Form No. MCL-07-01)
- True copies of:
- The applicant’s passport with valid entry visa, admission into the country, and updated stay
- The petitioner’s passport with the permanent resident visa stamped on it
- The petitioner’s ACR I-Card
- A clear photocopy of the Marriage Certificate or Birth Certificate or Family Register, as the case may be, duly authenticated by the Philippine Consulate/Embassy located in the applicant’s country of origin or residence, evidencing relationship to the petitioner
- BI clearance
- Payment of the application and express lane fees
Where to file and processing flow
- Applications for the covered permanent resident visa categories must be filed at the Receiving Section (Window 1) at the ground floor of the Main Building, Magallanes Drive, Intramuros, Manila.
- Applications filed at sub-ports must be immediately forwarded to the Office of the Commissioner for appropriate evaluation.
- Each application must be evaluated by the Office of the Commissioner or by whoever it authorizes.
- If a hearing is necessary, a notice of hearing must be sent by registered mail to the given address of the petitioner and applicant.
- A hearing determines the qualification of the applicant.
- Failure to attend a scheduled hearing date despite notice or without sufficient justification causes summary dismissal of the petition.
- Failure to complete all documents required under the numbered requirements may also cause summary dismissal of the application.
- Within ten (10) working days from receipt of the application, the Office of the Commissioner or its duly designated representative must submit its recommendation to the Commissioner or the Board of Commissioners for action, as the case may be.
- A certified true copy of the Board of Commissioners (BOC) action must be immediately sent by registered mail to the petitioner and applicant.
Approval, visa implementation, and reconsideration
- If approved, the petitioner and applicant must proceed to the Office of the Executive Director for visa implementation upon payment of the appropriate immigration fees.
- If the decision of the Commissioner or Board of Commissioners is adverse, the petitioner and applicant may file a motion for reconsideration within five (5) calendar days from receipt of the Order of denial.
- Motions for reconsideration filed out of time must not be entertained.
- No second motion for reconsideration must be entertained.
Revocation authority and grounds
- During the validity of the permanent resident visa under Section 13 of Commonwealth Act No. 613, as amended, and under Memorandum Order No. MCL-07-021, the Board of Commissioners may revoke the visa upon proper notice and hearing for any of the following causes:
- Subsequent discovery that the supporting document/s presented were spurious
- Subsequent discovery that the investment or relationship represented in the application is false
- Subsequent discovery that the marriage is void
- Commission by the applicant of any act constituting a ground for deportation under Section 37 of the PIA, as amended
- Commission by the applicant of the offenses defined in Section 45 and 46 of the PIA, as amended
- Determination by competent authority that the applicant is a threat to national security, public safety or public health
ACR I-Card issuance indication
- For alien registration purposes, the Chief of the Alien Registration Division must issue the corresponding ACR I-Card indicating the basis of issuance as follows:
- “Issued pursuit to Memorandum Order No. MCL-07-021 dated December 14, 2007 and BOC approval date ____.”