Title
Guidelines on Korean Permanent Resident Visa
Law
Bi Office Memorandum Order No. Mcl-08-003
Decision Date
Feb 6, 2008
The Implementing Guidelines for the Permanent Resident Visa of Koreans in the Philippines outlines the eligibility and application process for Korean nationals seeking permanent residency, including requirements for investment, marriage to a Filipino citizen, and probationary periods.
implementing guidelines
permanent resident visa
korean nationals
A

Legal basis and authority invoked

  • The guidelines are issued pursuant to Memorandum Order No. MCL-08-003 dated January 29, 2008, which was approved by the Secretary, Department of Justice.
  • The grant to Korean nationals with investment is anchored on Section 13 of Commonwealth Act No. 613, as amended.
  • The guidelines also reference Memorandum Order No. MCL-07-021 for a specific dependent-based permanent resident visa pathway.
  • The revocation grounds reference Section 37 of the Philippine Immigration Act (PIA), as amended.
  • The revocation grounds also reference Sections 45 and 46 of the PIA, as amended.
  • The order ties alien registration processing to issuance by the Chief of the Alien Registration Division.

Policy, purpose, and reciprocity basis

  • The guidelines prescribe how the permanent resident visa for Koreans is implemented based on reciprocity.
  • The framework provides visa issuance coverage grounded on investment, marriage to a lawful permanent resident alien, and dependency relationship.
  • The rules establish both initial probationary and amendment to permanent status pathways for certain applicants.

Definitions: lawful permanent alien resident

  • “Lawful permanent alien resident” refers to non-citizens who acquired legal residence in the Philippines under qualifying immigration laws, including:
    • Commonwealth Act No. 613, as amended.
    • Executive Order No. 324 (series of 1988), also known as the “Alien Legalization Program of 1988.”
    • Republic Act No. 7919 and Republic Act No. 8274, also known as the “Alien Social Integration Act of 1995.”

General visa issuance process and filing

  • The application must be filed and processed in accordance with the New Rules and Procedures for Visa Issuance Made Simple (VIMS).
  • Applications filed at the sub-ports must be immediately forwarded to the Office of the Commissioner for appropriate evaluation.
  • Permanent resident visas issued under Section 13 of Commonwealth Act No. 613, as amended, and referenced memorandum orders remain subject to the revocation mechanism under the order.
  • Alien registration processing is coordinated through issuance of the ACR I-Card by the Chief of the Alien Registration Division.

Coverage: who may apply as Korean nationals

  • A Korean national with investment in the Philippines is eligible for a quota or preference visa under Section 13 of Commonwealth Act No. 613, as amended, subject to numerical limitation of 50 nationals per calendar year.
  • A Korean national who is validly married to a lawful permanent resident alien in the Philippines is eligible for a permanent resident visa pathway under Memorandum Order No. MCL-07-021 (including their legitimate and natural children).
  • A Korean national who is validly married to a lawful permanent resident alien in the Philippines is also covered under Memorandum Order No. MCL-08-003 for an initial one (1) year probationary period, after which the status can be amended to permanent status upon approval by the Board of Commissioners.
  • The order provides dependent coverage in the investment-based category for the petitioner’s legal spouse and natural and legitimate child/ren under 21 years of age and unmarried, subject to proof of relationship requirements.
  • The order provides dependent coverage in the marriage-to-permanent-resident category for legitimate and natural children as part of the Korean applicant’s eligibility.

Documentary requirements for applications

  • For a Korean national applying on the basis of investment, eligibility requires submission of:
    • 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 in the Philippines of at least US$40,000 or possession of a special qualification or skill.
    • A Medical Certificate from the Bureau of Quarantine stating that the alien is not afflicted with any dangerous, contagious or loathsome disease.
    • BI and NICA clearances.
    • Payment of the application and express lane fees.
  • For dependent applications under the investment-based pathway, the applicant may apply as dependents upon submission of proofs of relationship duly authenticated by the Philippine Foreign Service Post located in the petitioner’s country of origin.
  • For a Korean national validly married to a lawful permanent resident alien under Memorandum Order No. MCL-07-021, eligibility requires submission of:
    • 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 alien spouse’s passport showing dates of arrival and authorized stay.
    • NSO-issued Marriage Certificate, and if married outside the Philippines, the marriage certificate must be authenticated by the Philippine Embassy/Consulate in the place where the marriage was solemnized.
    • 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 the marriage-based pathway under Memorandum Order No. MCL-08-003 with a one (1) year probationary period, eligibility and subsequent amendment to permanent status require:
    • 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:
      1. The applicant’s passport with valid entry visa, admission into the country, and updated stay.
      2. The petitioner’s passport with the permanent resident visa stamped on it.
      3. 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.
    • BI clearance.
    • Payment of the application and express lane fees.

Express lane fees and medical/clearance requirements

  • The guidelines require payment of the application and express lane fees as part of the application requirements across the covered pathways.
  • The investment-based pathway requires medical clearance through a Medical Certificate from the Bureau of Quarantine indicating the alien is not afflicted with any dangerous, contagious or loathsome disease.
  • The investment-based pathway requires BI and NICA clearances.
  • The marriage-based pathways require BI clearance (and other civil registry documents such as NSO-issued certificates under the MCL-07-021 pathway).

Probationary period and amendment to permanent status

  • Under the marriage-based pathway under Memorandum Order No. MCL-08-003, the permanent resident visa is granted for an initial period of one (1) year probationary period.
  • After the one (1) year probationary period, the visa may be amended to permanent status upon proper application, qualification and approval by the Board of Commissioners.
  • The amendment process requires submission of the same listed documentary categories for the MCL-08-003 pathway (including verified letter request, BI Form requirements, true copies of passports/ACR I-Card, relationship proof with consular authentication, BI clearance, and payment of application and express lane fees).

Waiver of probationary period for certain TRV holders

  • An applicant who has been a holder of a temporary resident visa (TRV) for at least one (1) year and is currently holding a valid and effective TRV at the time of application is no longer subject to a probationary period and is deemed to have passed it.

Revocation: when the visa may be withdrawn

  • During the validity of the permanent resident visa under Section 13 of Commonwealth Act No. 613, as amended, and 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:
    • The subsequent discovery that the document/s presented in support of the application was/were spurious.
    • The subsequent discovery that the investment or relationship as represented in the application is false.
    • The subsequent discovery that the marriage is void.
    • The commission by the applicant of any act that would constitute a ground for deportation under Section 37 of the PIA, as amended.
    • The commission by the applicant of the offenses defined in Sections 45 and 46 of the PIA, as amended.
    • A determination by a competent authority that the applicant is a threat to national security, public safety or public health.

Alien registration card issuance (ACR I-Card)

  • For alien registration purposes, the Chief of the Alien Registration Division issues the corresponding ACR I-Card indicating the basis of issuance.
  • The ACR I-Card issuance basis includes: “Issued pursuant to Memorandum Order No. MCL-07-021 dated December 14, 2007 and BOC approval dated”.
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