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1.  Under the Immigration Act, Section 9(f), a none grant visa may be granted to a student, having means sufficient for his education and support in the Philippines, who is at least fifteen years of age and who seeks to enter the Philippines temporarily and solely for the purpose of taking up a course of study higher than high school at a university, seminary, academy, college or school approved for such alien students by the Commission on Immigration

Student visas are issued only in the Philippine consulates abroad and after the applicant has successfully passed the National College Entrance Examination (NCEE), also administered in Philippine consulates abroad.

However, in recognition of the peculiar situation of certain aliens who have been granted non-immigrant status or who have pending applications for immigrant status and their families, we grant Special Study Permit (SSP) as an exception to the provision of the Immigration Act, Section 9(f).

2.  The following aliens may, upon proper application, be granted the SSP:

a.    An alien spouse or an unmarried minor child above seven (7) years of a holder of a US military serviceman or contractor visa (9(a) Special), treaty trader visa (9(d)), foreign government official visa (9(e)), pre-arranged employee visa (9(g)), special non-immigrant visa (47(a)(2)), foreign personnel of regional or area headquarters of multinational companies visa (P.D. No. 218, E.O. No. 226) and foreign personnel of offshore banking units visa (P.D. No. 1034), regardless of the level of education, i.e., elementary, high school college or postgraduate, sought to be pursued;

b.    An unmarried minor child above seven (7) years of a holder of a student visa (9(f), which student visa was issued at least as of the first semester 1988-1989, provided the student's parent proves that he has the financial capability to support the education of said minor unmarried child;

c.    An alien student availing of the Alien Student Amnesty provided in Law Instructions No. 24 and Immigration Regulation Institutions No. 30, dated 10 May 1988;

d.    An unmarried minor child above seven (7) years of a former Filipino citizen, regardless of whether the former Filipino parent has applied for permanent residence and regardless of the level of education sought to be pursued;

e.    An alien who has filed with the CID a complete application for admission as a quota immigrant under Immigration Act, Section 13 or for admission as a non-quota immigrant under the Immigration Act, Section 13(e), regardless of the level of education sought to be pursued, provided, however, that in the event the application is disapproved, the alien shall no longer be granted the SSP for the semester immediately following the disapproval of the application;

f.     An alien spouse or unmarried minor child above seven (7) years of a Filipino citizen, who has filed with the CID a complete application for admission as a non-quota immigrant under the Immigration Act, Section 13(a) or as a temporary resident under Law Instructions No. 33 dated 8 May 1988, regardless of the level of education sought to be pursued; provided, however, that in the event the application is disapproved, the persons referred to above shall no longer be granted the SSP for the semester immediately following the disapproval of the application;

g.    An alien spouse or an unmarried minor child above seven (7) years of a Filipino citizen whose application for admission as a non-quota immigrant under the Immigration Act, Section 13(a), or as a temporary resident under Law Instructions No. 33 dated 8 May 1988 has been approved, during the initial one (1) year probationary period, regardless of the level of education sought to be pursued;

h.    A former Filipino citizen, his spouse and unmarried minor children who has filed with the CID a complete application for admission as a non-quota immigrant under R.A. No. 4376, (also referred to as the Immigration Act, Section 13(g)), regardless of the level of education sought to be pursued; provided, however, that in the event the application is disapproved, the persons referred to above shall no longer be granted the SSP for the semester immediately following the disapproval of the application;

i.      An alien who has been granted a US military serviceman or contractor (9(a) Special), treaty trader visa (9(d)), foreign government official visa (9(e)), pre-arranged employment visa (9(g)), special non-immigrant visa (47(a)) (2), foreign personnel of regional area headquarters of multinational companies visa (P.D. No. 218, E.O. No. 226), and foreign personnel of offshore banking units visa (P.D. No. 1034), and who seeks to pursue post graduate education, but only if said education will be pursued outside of his normal work hours and will not interfere with the discharge of the principal duties for which said alien was issued the corresponding visa;

j.      An alien, his spouse and unmarried minor child above seven (7) years who have been granted a Special Investors Resident Visa under Executive Order No. 226 or the Omnibus Investment Code, Executive Order No. 63 or the Tourist-Related Incentives Law, and Executive Order No. 1037 or the Philippine Retirement Authority Law;

k.     An unmarried minor child of a foreign correspondent who has been issued by the CID a Special Work Permit.

Compliance with the requirement that the child be a minor in order to qualify for the SSP shall be ascertained as of the time the child first applies for the SSP and shall be deemed to continue until he completes the particular level of education, i.e., elementary, high school, college or postgraduate, sought to be pursued.

3.  An application for SSP shall be filed with the CID Law and Investigation Division and shall be supported by the following documents:

a.       for aliens referred to in para. 2(a), 2(b), 2(g) and 2(j) above:

i.                      letter request stating personal circumstances of applicant;

ii.          true copy of birth certificate of applicant;

iii.         true copy of passport of applicant;

iv.         ACR and ICR or Certificate of Residence of applicant;

v.         4 copies of the latest photograph of applicant;

vi.         true copy of passport of parent;

vii.        ACR and ICR or Certificate of Residence of parent; and

viii.       for aliens referred to in para. 2(b) above, the additional requirement of proof of financial capability to support, i.e. bank statement, study grant stipends, etc.

b.       for aliens referred to in para 2(c) above:

i.          Four (4) copies of the latest photograph of applicant.

For other documentary requirements, see Law Instructions No. 24 and Immigration Regulation Instructions No. 30 dated 10 May 1988.

c.       for aliens referred to in para. 2(d) above:

i.          letter request stating personal circumstances of applicant;

ii.          true copy of birth certificate of applicant;

iii.         true copy of passport of applicant;

iv.         4 copies of the latest photograph of applicant;

v.         true copy of birth certificate of former Filipino parent and

vi.         certificate of naturalization of parent.

d.       for aliens referred to in para 2(e), 2(f) and 2(h) above:

i.                      letter request stating personal circumstances of applicant;

ii.          true copy of application for admission as quota immigrant or as non-quota immigrant bearing the CID receiving stamp and certified complete by the CID Law and Investigation receiving clerk

e.       for aliens referred to in para. 2( i) above:

i.                      letter request stating personal circumstances of applicant;

ii.          true copy of passport of applicant;

iii.         ACR and Certificate of Residence of applicant; and

iv.         4 copies of the latest photograph of applicant.

f.        for alien referred to in para. 2(k) above:

i.                      letter request stating personal circumstances of applicant:

ii.          true copy of birth certificate;

iii.         true copy of passport of applicant;

iv.         4 copies of the latest photograph of applicant;

v.         true copy of passport of parent;

vi.         true copy of special work permit issued to parent.

The CID Law and Investigation Division receiving clerk shall examine the documents submitted and shall accept only complete applications.  The CID lawyer assigned to the case shall require the applicant to present the original documents for comparison with the copies submitted and shall indicate in the copies that the originals have been seen and verified.  Upon issuance of the SSP, the alien shall be required to affix his thumb prints and photograph to the SSP.

4.  The SSP shall be valid for one (1) semester, renewable each semester, or for periods determined by the Commissioner or the Associate Commissioner. Except for (a) an alien student availing of the Alien Student Amnesty referred to in para . 2(c) above and (b) an unmarried minor child of a former Filipino citizen referred to in para. 2(d) above, the SSP of all the aliens referred to h para. 2 shall be automatically renewed for as long as the visa of the parent remains valid, or in the case of the aliens referred to in para. 2(d) above, for as long as the alien's visa remains valid.

With respect to an alien student referred to in para. 2(c) above and an unmarried minor child of a former Filipino citizen referred to in para. 2(d) above, the renewal of their visa shall be conditioned on their compliance with the requirements for the extension of a student visa outlined in the Immigration Manual.

5.  An Application for the renewal of the SSP under para. 2(a), 2(b), 2(e) and 2(g) shall be accompanied by such documents as will establish that the bases for the initial grant of the SSP continue to exist.  The application for renewal of the SSP under para. 2(c) and 2(d) shall be supported by the official transcript of grades for the immediate preceding semester duly signed by the school registrar and bearing the seal of the school or university. Such application shall be granted, only if the requirements for the extension of a student visa provided in the Immigration Manual have been complied with.

6.  Upon the initial grant and each renewal of the SSP, the applicant shall be assessed a fee of P350.00 per semester. The normal processing shall be one (1) week.  However, qualified applicants who may wish to avail of the express processing of three (3) days, shall be assessed an overtime fee of P250.00

7.  A bona fide holder of an immigrant visa is normally or not required to obtain the SSP as a condition to his enrollment in a school in the Philippines.

However, in order to effectively prevent the proliferation of fake immigrant visas and to prevent the holders of such fake visas from gaining admission to schools in the Philippines, an alien above seven (7) years who was granted an immigrant status under the Immigration Act, Section 13, 13 (a) to 13 (g) and who desires to pursue his education at any level shall be required to apply for the SSP only for the first semester of his enrollment.

An alien who at the time of the effectivity of these Law Instructions was already enrolled for more than one semester, shall be required to apply for the SSP for the first semester immediately following the effectivity of the Law Instructions.

8.  A non-immigrant who does not fall within the coverage of these Law Instructions and who seeks to pursue his education in the Philippines at the college level shall be allowed by a school to enroll, only if he presents a valid student visa under the Immigration Act, Section 9(f), obtained from a Philippine consulate abroad, after passing the National College Entrance Examination (NCEE) administered, likewise, by a Philippine consulate abroad.

9.  Only schools or Institutions of learning in the Philippines duly approved by the CID as schools for non-immigrant students may accept non-immigrant aliens for enrollment.

10.           All schools duly approved by the CID as schools for non-immigrant students shall submit, within 45 days after the end of each semester, a list of the non-immigrant foreign students who were enrolled during the preceding semester with their corresponding status, i.e. their course and the year just completed.  Failure to comply with this requirement shall be a ground for the revocation of the approval of the school as a school for non-immigrant students.

11.           The SSP may be revoked upon the commission by an alien of any act which would constitute a ground for deportation under the Immigration Act, Section 37, or upon the conviction of an alien of any of the offenses defined in the immigration Act, Section 45.

Adopted: 16 June 1988

(SGD.) REGINA PADILLA GERALDEZ
Associate Commissioner