Rules for Visa Issuance and Immigration Procedures

Legal basis and governing framework

The circular is promulgated pursuant to Section 3 of Commonwealth Act No. 613 (the Philippine Immigration Act of 1940, as amended) (Preamble).
The circular is also issued in relation to Sections 29 and 36, Chapter 6, Book IV, Title III of Executive Order No. 292 (the Administrative Code of 1987) (Preamble).
It governs proceedings before the Office of the Commissioner, the Board of the Commissioners, and other administrative and operating units of the Bureau of Immigration (Section 2).

Policy, construction, and flexibility

The circular’s procedures must be construed liberally in favor of speedy and inexpensive determination of the merit of every application (Section 3).
The rules must be applied without compromising national sovereignty, internal security, national economy and family solidarity (Section 3).
The Commissioner of Immigration or the Board of Commissioners may suspend the application of these rules and adopt fair and reasonable procedures when a particular matter demands extraordinary application.
Suspension of the rules must still not dispense with due process (Section 3).

Coverage and covered applications

The circular governs applications for and issuance of visa, change of immigration status, visa extension, and similar proceedings (Section 2).
It covers proceedings for cancellation of alien registry, recognition as Filipino citizen, and other special permits (Section 2).
It covers processing before the Office of the Commissioner, Board of the Commissioners, and other Bureau units (Section 2).
Common processing rules apply to change of immigration status, except specific excluded categories (Section 5).

Documentary requirements and checklist system

Every application must comply with and observe the documentary and procedural requirements in Annex A (Checklist of Supporting Documents), which is made an integral part of the circular (Section 4).
The documentary checklist governs applications for visa, change of immigration status, visa extensions, and other special permits before the Bureau of Immigration (Section 4).
All checklist requirements are treated as mandatory supporting documents for the covered application types enumerated in Annex A.

Common procedures for change-of-status visas

Common procedures apply to change of immigration status and issuance of visa, except applications for change of immigration status from temporary visitor to Student Visa (Section 9(f)) and Pre-Arranged Employee Missionary Visa (Section 9(g)) (Section 5).
Applicants must file the General Application Form (BI Form No. MCL-07-01) and submit the documentary requirements under Annex A, filed with the Central Receiving Section, Ground Floor, BI Main Building, Intramuros, Manila City (Section 5(1)).
Filing may be done personally or through an authorized representative chosen from among those accredited by the Bureau (Section 5(1)).
The Processor conducts a quick review for completeness in the presence of the filer; if deficient, submissions are outrightly returned with advice on deficiencies, and if complete, the Processor conducts a verification check on the applicant’s travel and derogatory records (Section 5(2)).
If derogatory records exist, the Processor advises the filer on the specifics and possible courses of action; if none exist, the Processor advises the filer to wait in queue until a systems-generated Order of Payment Slip (OPS) is released (Section 5(3)).
Upon release of the OPS, payment must be effected within 24 hours from receipt by the filer, through the authorized collecting officer designated for that purpose (Section 5(4)).
After payment, the applicant must be issued a systems-generated Official Receipt (OR), which must contain a Notice of Hearing indicating dates, time, venue, and the name of the Hearing Officer (Section 5(5)).
On scheduled hearing dates, the applicant must enroll in the BI Biometric Kiosk designed for the purpose (Section 5(6)).
After the last scheduled hearing, the Hearing Officer evaluates the application merits and prepares a recommendation for Board of Commissioners appreciation and deliberation within the prescribed period (Section 5(7)).
After Board of Commissioners deliberations, systems-triggered actions follow, including updating of records, preparation of Notice of BOC Action, and systems-generation of OPS for visa implementation fees and other assessments for the implementation step (Section 5(8)).
If the application is acted favorably, the Bureau transmits the Notice of BOC Action and the OPS for visa implementation fees and other assessments to the applicant through a BI-accredited courier (Section 5(9)).
The applicant must pay the visa implementation fees and other assessments to the Cashier or BI-authorized agent banks (AAB), and the Cashier issues the OR, or for BI-AAB payments, the machine-validated deposit slip is issued (Section 5(10)).
The applicant must present the OR or machine-validated deposit slip and submit the passport before the Executive Director or the duly designated implementing officer for implementation of the BOC decision and issuance of the appropriate visa or special permit (Section 5(11)).
At the applicant’s option, the applicant may transmit the passport and machine-validated deposit slip to the Office of the Executive Director through a BI-accredited courier (Section 5(12)).

Specific change-of-status procedures by category

Applications converting temporary visitor to Student Visa under Section 9(f) must follow the Student Visa conversion procedure: filing with documentary support and completeness check; verification of travel/derogatory records and generation of OPS; OPS release; payment and OR issuance; biometric enrollment; recommendation by the Student Desk Officer with approval by IRD Chief; Commissioner approval of visa conversion; updating of records and visa implementation with Endorsement for Registration; passport release and Endorsement for Registration; and document archiving (Section 6).
Applications converting temporary visitor to Prearranged Employee-Missionary visa under Section 9(g) must follow a category procedure involving ICT-aided verification, assessment and generation of OPS, assignment/raffle to a hearing officer, generation of Notice of Hearing with tentative dates of BOC deliberation, and then OPS/Notice issuance to applicant; payment and OR; evaluation and recommendation by Hearing Officer; BOC deliberation; updating of records and preparation of Notice of BOC Action, plus generation of assessments for implementation and other fees; transmittal of Notice and assessment; payment and OR issuance; receiving and releasing of passport for visa implementation; and document archiving (Section 7).

Procedures for visa extensions

Visa extension applications under Section 13(a), Section 9(d), Section 9(g) (Commercial), and Section 9(g) (Missionary) must follow common extension steps: receiving with complete documentary requirements; verification of travel/derogatory records, assessment of filing/implementation/other fees and generation of OPS; release of OPS; payment and OR issuance; Order of extension generation and Commissioner approval; updating of records; visa implementation and release; and document archiving (Section 8).
Extensions of Visitor’s Visa under Section 9(a) require: receiving with complete documentary requirements; verification and assessment with OPS generation; OPS release; payment and OR issuance; Approval of Extension; updating of records, visa implementation and document archiving; and passport release (Section 9).
Extensions of Student Visa under Section 9(f) require: receiving with documentary requirements; verification/assessment and OPS generation; OPS release; payment and OR issuance; updating of records, visa implementation, and generation of Notice to the Registrar on the action taken; Approval of Visa Extension; passport release; and document archiving (Section 10).

Other special permits and status applications

Cancellation of Alien Registry applications must follow: receiving with documentary requirements; verification and assessment with OPS generation; assignment/raffle to hearing officer; generation of Notice of Hearing; OPS and Notice issuance to applicant; hearing, evaluation, preparation of Order of Cancellation and Transmittal Letter to DOJ by hearing officer; Commissioner approval; transmittal for DOJ affirmation; receipt of DOJ affirmation order; assessment of immigration fees and OPS generation; payment and OR issuance; assignment to registration officer to update records and prepare Filipino Identification Certificate; issuance of the certificate and taking of picture and fingerprint impression; Commissioner signing; releasing; and document archiving (Section 11).
Recognition as Filipino Citizen applications require: receiving with documentary requirements; verification/assessment with OPS generation; assignment/raffle to hearing officer; generation of Notice of Hearing; OPS and Notice issuance to applicant; hearing, evaluation, preparation of cancellation/order and Transmittal Letter to DOJ by hearing officer; Commissioner approval; DOJ transmittal and receipt of Affirmation Order from DOJ; assessment of immigration fees and OPS generation; payment and OR issuance; assignment to registration officer to update records and prepare Filipino Identification Certificate; issuance and taking of picture/fingerprint impression; Commissioner signing; releasing; and document archiving (Section 12).
Affirmation of Order of Recognition requires: receiving with documentary requirements; assessment of filing and other fees, OPS generation, and Transmittal Letter to DOJ; OPS release; payment and OR issuance; Commissioner signing of transmittal letter; transmittal to DOJ of application and supporting documents; receipt of DOJ affirmation order; assessment of immigration fees and OPS generation; payment and OR issuance; assignment to registration officer to update records and prepare Filipino Identification Certificate; issuance and taking of picture/fingerprint impression; Commissioner signing; releasing; and document archiving (Section 13).
Special Study Permit applications must follow: receiving with documentary requirements; verification/assessment and OPS generation; OPS release; payment and OR issuance; evaluation/updating of records and preparation of an order by the concerned unit/section; Commissioner approval of Special Study Permit (SSP); SSP release; and document archiving (Section 14).
Special Work Permit applications must follow: receiving with documentary requirements; verification/assessment and OPS generation; OPS release; payment and OR issuance; evaluation/updating and preparation of order by concerned unit/section; Commissioner approval of Special Work Permit (SWP); SWP release; and document archiving (Section 15).
Special Work Permit for Artists and Athletes applications must follow: receiving with documentary requirements; verification/assessment and OPS generation; OPS release; payment and OR issuance; evaluation/updating and preparation of order by concerned unit/section; Commissioner approval of Special Work Permit for Artists and Athletes (SWPAA); SWPAA release; and document archiving (Section 16).

Mandatory implementation and registration

The Executive Director and the Chief, Alien Registration Division must implement without delay the BOC-approved visa change of status or extensions and effect the registration of the alien (Section 17).
Implementation must be done without requiring further submission of documents that have already been passed upon by the Hearing Officer (Section 17).
Only those documents necessarily essential in implementing the BOC approval and/or in effective registration may be required (Section 17).

Supplemental guidelines, delegation, repeals, and severability

The Commissioner may issue supplemental guidelines whenever warranted to further the ends of the circular (Section 18).
Any substantial alteration or deviation from the material provisions requires approval of the Secretary of Justice (Section 18).
Matters requiring purely administrative or executive actions of the Board of Commissioners may be delegated to the Commissioner of Immigration when urgency and immediate action require (Section 19).
All circulars, orders, instructions, or other issuances of the Department of Justice and the Bureau of Immigration inconsistent with the circular are deemed repealed, amended, and/or modified accordingly (Section 20).
If portions of the circular are declared unconstitutional or devoid of legal basis, the remaining parts not effectively curtailed or affected remain valid (Section 21).

Annex A: mandatory supporting documents

Annex A sets the mandatory supporting documents checklist for processing applications for visa, change of immigration status, visa extensions, and other special permits (Annex A).

Annex A.I — Change of immigration status

Quota Immigrant under Section 13 requires: General Application Form (BI Form No. MCL-07-01) duly accomplished and notarized; plain photocopy of applicant’s passport showing admission stamp and authorized stay; original proof of actual investment in business in the Philippines of at least $40,000.00 (bank deposits not accepted) or proof of applicant’s special qualification advancing or will advance Philippine national interest; original Medical Certificate from Bureau of Quarantine and international Health Surveillance or government medical institution; BI Clearance Certificate; and NICA Clearance.
Non-Quota Immigrant by Marriage under Section 13(a) requires: notarized letter of application by the Filipino spouse; General Application Form (BI Form No. MCL-07-01) duly accomplished and notarized; NSO authenticated birth certificate of Filipino spouse; NSO authenticated marriage contract (or authenticated by the Philippine embassy/consulate nearest to or in the place where marriage was solemnized) with English translation if needed; BI Clearance Certificate; and plain photocopy of alien spouse’s passport showing dates of arrival and authorized stay.
Child Born Abroad of Immigrant Mother under Section 13(b) requires: notarized letter request by petitioning mother; General Application Form (BI Form No. MCL-07-01) duly accomplished and notarized; ACR I-CARD of mother; birth certificate authenticated by Philippine embassy/consulate nearest to or in place of birth with English translation if needed; BI Clearance Certificate; and plain photocopy of mother and child’s passport.
Returning Resident under Section 13(e) requires: notarized letter of application stating intent to reside permanently and justification for overstaying outside the Philippines; General Application Form (BI Form No. MCL-07-01) duly accomplished and notarized; plain photocopy of applicant’s passport with admission stamp; BI Clearance Certificate; and ACR I-CARD and NICA Clearance; and where joined by spouse and unmarried minor children, plain photocopies of passports and ACR I-CARDs of dependents.
Returning Former Filipino Citizen under Section 13(g) requires: notarized letter of application; General Application Form (BI Form No. MCL-07-01) duly accomplished and notarized; NSO authenticated birth certificate; BI Clearance Certificate; and plain photocopy of passport with English translation if needed; and where joined by spouse and unmarried minor children, copies of marriage contract and children’s birth certificates authenticated by Philippine embassy/consulate with English translation if needed, plus plain photocopies of their passports.
Temporary Resident’s Visa under Section 13(a), in relation to Law Instruction No. 33 requires: notarized letter of application by petitioning Filipino spouse; General Application Form (BI Form No. MCL-07-01) duly accomplished and notarized; NSO authenticated birth certificate of Filipino spouse; NSO authenticated marriage contract (or authenticated by Philippine embassy/consulate where solemnized) with English translation if needed; BI Clearance Certificate; and plain photocopy of alien spouse and/or children’s passports showing dates of arrival and authorized stay.
Treaty Trader’s/Treaty Investor’s Visa under Section 9(d) requires: notarized letter request from petitioner; notarized General Application Form (BI Form No. MCL-07-01); certified true copy of SEC Certificate of Registration, Articles of Incorporation, By-Laws and General Information Sheet (or certified true copy of DTI Certificate of Registration of Business Name for single proprietorship); certified true copy of latest Income Tax Return and Audited Financial Statement stamped RECEIVED by BIR; plain photocopy of passport bio and visa page; original notarized contract of employment or corporate secretary’s certificate of election as corporate officer with exact compensation and duration; BI Clearance Certificate; and if joined by spouse and unmarried minor children, marriage contract and/or children’s birth certificates NSO-certified or authenticated by Philippine embassy/consulate with English translation if needed, plus plain photocopies of passports.
Student Visa under Section 9(f) requires: notarized letter request from applicant; notarized General Application Form (BI Form No. MCL-07-01); original Notice of Acceptance (NOA) with school’s official dry seal impression or a notarized written endorsement from the school signed by the Registrar for conversion; original Medical Certificate from Bureau of Quarantine and International Health Surveillance or government medical institution; plain photocopy of applicant’s passport bio-page, latest admission and authorized stay; NICA Clearance; and BI Clearance Certificate.
Pre-Arranged Employee-Commercial under Section 9(g) requires: notarized letter request from petitioner-organization; notarized General Application Form (BI Form No. MCL-07-01); DOLE certified true copy of Alien Employment Permit (AEP); BI Clearance Certificate; and plain photocopy of applicant’s passport showing admission and authorized stay; and if joined by spouse and unmarried minor children, copies of marriage contract and/or birth certificates with required authentication and English translation if needed, plus plain photocopies of passports.
Pre-Arranged Employee-Missionary under Section 9(g) requires: notarized letter request from petitioner-organization with applicant’s assignment place; notarized General Application Form (BI Form No. MCL-07-01); certified true copy of SEC Certificate of Registration, Articles of Incorporation and By-laws of petitioner; certified true copy of missionary credentials; BI Clearance Certificate; and plain photocopy of applicant’s passport showing admission status and authorized stay; and if joined by spouse and unmarried minor children, copies of marriage contract and/or birth certificates with required authentication and English translation if needed, plus plain photocopies of passports.

Annex A.II — Visa extensions

Temporary Resident’s Visa under Section 13(a) requires: notarized letter request from petitioner-Filipino spouse; General application form (BI Form No. MCL-07-01) duly accomplished and notarized; valid ACR I-Card; valid passport of applicant; and BI Clearance Certificate.
Temporary Visitor’s Visa under Section 9A requires: valid passport of applicant; and General application form (BI Form No. MCL-07-01) duly accomplished and notarized.
Treaty Trader’s/Investor’s Visa under Section 9D requires: notarized letter request from petitioner/applicant (single proprietorship, partnership or corporation); valid passport and ACR I-Card; General application form (BI Form No. MCL-07-01) duly accomplished and notarized; and BI Clearance Certificate.
Student Visa under Section 9F requires: notarized General application form (BI Form No. MCL-07-01); ACR I-Card; letter of acceptance from school for the coming semester duly signed by the school Registrar/student’s registration card/enrolment; certified true copy of Transcript of Records or certified true copy of grades for the last semester/trimester/quadsemester; true photocopy of applicant’s passport bio-page, latest admission and authorized stay; and BI Clearance Certificate.
Pre-Arranged Employee Commercial Visa under Section 9G requires: letter request from petitioner-employer duly authorized; valid ACR I-Card and passport; notarized General application form (BI Form No. MCL-07-01); valid Alien Employment Permit (AEP); and BI Clearance Certificate.
Prearranged Employee-Missionary Visa under Section 9G requires: notarized letter request from petitioner-employer; Barangay Certification that applicant is actually rendering missionary service in the community/Barangay; valid ACR I-Card and passport; notarized General application form (BI Form No. MCL-07-01); and BI Clearance Certificate.

Annex A.III — Other applications and special permits

Cancellation of Alien Registry by Reason of Marriage and Granting of Philippine Citizenship requires: ACR I-Card; petition for cancellation of alien registry; notarized/sworn oath of allegiance; NSO authenticated copy of the marriage contract (or authenticated by Philippine embassy/consulate nearest to or where solemnized); NSO authenticated birth certificate of husband or documents indicating his Philippine citizenship; NSO authenticated copy of children’s birth certificates if dependents are included; NSO authenticated copy of husband’s death certificate if deceased; clearances from NBI, NICA, PNP, Office of the Prosecutor, Metropolitan/Municipal Trial Court, and Regional Trial Court; original Medical Certificate from Bureau of Quarantine and international Health Surveillance or any government medical institution certifying applicant not afflicted with dangerous, contagious or loathsome disease and mentally fit; and BI Clearance Certificate.
Recognition as Filipino Citizen requires: notarized letter request from applicant, or from either or both parents or legal guardian with attestation that parent/s were Filipino citizen/s at time of child’s birth; copy of birth certificate of applicant/child certified by Philippine embassy/consulate nearest to or in place of birth with English translation if needed; NSO authenticated copy of birth certificate of either parent or Certificate of Naturalization if both parents were no longer Filipinos at time of filing; plain photocopy of applicant/child’s passport; and BI Clearance Certificate.
Special Study Permit requires: notarized letter request from applicant; notarized General application form (BI Form No. MCL-07-01); certificate of acceptance issued by learning institutions duly accredited by the Bureau of Immigration; and plain photocopy of passport reflecting applicant’s bio-page and authorized stay.
Special Work Permit requires: notarized letter request from petitioner company with undertaking to withhold and remit to the BIR taxes due on all income of the applicant; plain photocopy of passport bio-page and valid authorized stay; plain photocopy of SEC Registration, By-Laws, Articles of Incorporation of the company; plain photocopy of contract specifying exact compensation; and BI Clearance Certificate.
Special Work Permit for Artists & Athletes requires: letter request from petitioner company; plain photocopy of passport bio-page and authorized stay; BI Clearance Certificate; and endorsements from AMP and OPM for musical artists/performers, FAP for film/stage actors/actresses, PBA for import players/coaches/trainers, and other legitimate organizations related to the mentioned occupations.