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(NAR) VOL. 1 NO.3 / JULY - SEPTEMBER 1990

[ CID LAW INSTRUCTIONS NO. 40, July 28, 1988 ]

ADDITIONAL PERSONS ENTITLED TO SPECIAL STUDY PERMIT



1.  This supplements Law Instructions No. 35.

2.  In addition to the aliens referred to in Law Instructions No. 35, the following aliens may, upon proper application, and submission of supporting documents, be granted the Special Study Permit (SSP):

a.    An alien, his spouse, and unmarried minor child above 7 years old, who have filed a Notice of Intent to apply for legalization pursuant to Intelligence Instructions No. 10 and Executive Order No. 324, for the period that his application for legalization is pending, 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 his application.

Supporting documents are:

i.          letter request stating personal circumstances of the applicant;

ii.     true copy of the Notice of Intent to apply for legalization as specified in Intelligence Instructions No. 10 and true copy of the application for legalization referred to under the rules and regulations of the legalization program;

iii.    true copy of the birth certificate of the applicant;

iv.    four (4) copies of the latest photograph of the applicant; and

v.     true copy of passport of the applicant.

b.       An alien, his spouse and unmarried minor child above 7 years old, who have filed a complete application for Special Investor's Resident Visa (SIRV) under E.O. No. 226 or the Omnibus Investment Code, E.O. No. 63 or the Tourist-Related Incentive Law and E.O. No. 1037 or the Philippine Retirement Authorization Law, for the period that the application is pending, 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.

Supporting documents are:

i.          letter request stating personal circumstances of the applicant;

ii.     true copy of application for SIRV bearing the Board of Investments (BOI) receiving stamp and certified complete by the BOI; and

iii.    four (4) copies of the latest photograph of the applicant.

c.       An alien who has been recognized as a refugee by the United Nations High Commissioner for Refugees (UNHCR), his spouse and unmarried minor child above 7 years old, for the period that the UNHCR is locating a country for their permanent resettlement, regardless of the level of education sought to be pursued.

Supporting documents are:

i.          letter request stating personal circumstances of the applicant;

ii.     true copy of the UNHCR certification that applicant has been recognized as a refugee; and

iii.    four (4) copies of the latest photograph of the applicant.

d.       An unmarried minor stepchild of a Filipino citizen i.e., the alien child by a previous marriage of an alien who has subsequently married a Filipino citizen), provided, that the Filipino citizen had filed with the CID a complete application for the admission of his spouse as a non-quota immigrant under the Immigration Act, Section 13(a) or for the issuance to his spouse of a Temporary Resident Visa (TRV) under Law Instructions No. 33 issued on May 8, 1988 and provided further, that said unmarried minor stepchild is a dependent of, and actually resides with the Filipino citizen and his alien spouse.

Supporting documents are:

i.          letter request stating personal circumstances of the applicant;

ii.     true copy of birth certificate of the applicant;

iii.    true copy of application for admission as non-quota immigrant under Section 13(a) of the Immigration Act of 1940 or for the grant of a TRV, bearing the CID receiving stamp and certified complete by the proper receiving clerk;

iv.    joint affidavit executed by the Filipino citizen and his alien spouse stating that the applicant is their dependent and that they are financially capable of giving support to the same, including financing the education for which the SSP is sought; and

v.     four (4) copies of the latest photograph of the applicant.

e.       An unmarried minor stepchild of a former Filipino citizen (i.e., the alien child by a previous marriage of an alien who has subsequently married a former Filipino citizen) who is returning to the Philippines for permanent residence, provided, that the returning former Filipino citizen has filed with the CID a complete application for his admission and that of his alien spouse and unmarried minor children as non-immigrants under R.A. No. 4376, (also referred to as the Immigration Act, Section 13(g)), and provided further that said unmarried minor stepchild is a dependent of, and actually resides with the former Filipino citizen and his alien spouse.

Supporting documents are:

i.          letter request stating personal circumstances of the applicant;

ii.     true copy of birth certificate of the applicant;

iii.    true copy of application for admission as non-quota immigrant under R.A. No. 4376, bearing the CID receiving stamp and certified complete by the proper receiving clerk; and

iv.    joint affidavit executed by the former Filipino citizen and his alien spouse stating that the applicant is their dependent and that they are financially capable of giving support to the same, including, financing the education for which the SSP is sought.

f.        An alien above 7 years old who has been admitted into the Philippines as a temporary visitor in connection with a bona fide student exchange program, the details of which have been disclosed to and approved by the Commission on Immigration and Deportation.

Supporting documents are:

i.          letter request stating personal circumstances of the applicant;

ii.     true copy of passport of the applicant;

iii.    letter explaining the detailed features of the student exchange program in which the applicant is a participant.

3.  The other provisions of Law Instructions No. 33 shall be applicable to the additional categories of the aliens eligible for the SSP referred to above.

4.  The term "unmarried minor child" as used herein as well as in Law Instructions No. 35 shall include a child who is legally adopted. For the purpose of establishing legal adoption, a true copy of the judgment of the court in the adoption proceedings shall be submitted.

5.  In addition to the documents provided in Law Instructions No. 35, Section 3(d), the aliens referred to therein shall also submit four (4) copies of their latest photograph.

Adopted: 28 July 1988

(SGD.) REGINA PADILLA GERALDEZ
Associate Commissioner

 

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