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(NAR) VOL. 19 NO. 1 / JANUARY - MARCH 2008
[ BI MEMORANDUM CIRCULAR NO. MCL-07-005, December 26, 2007 ]
PRESCRIBING THE RULES AND PROCEDURES IN THE PROCESSING OF APPLICATIONS FOR, AND ISSUANCE OF VISA, CHANGE OF IMMIGRATION STATUS, VISA EXTENSION AND OTHER SPECIAL PERMITS BEFORE THE BUREAU OF IMMIGRATION
PURSUANT TO SECTION 3, of Commonwealth Act No. 613, otherwise known as the "Philippine Immigration Act of 1940", as amended, in relation to Sections 29 and 36 Chapter 6, Book IV, Title III, of Executive Order No. 292, otherwise known as the Administrative Code of 1987, the following rules and procedures are hereby ordered promulgated, thus:
PART I
GENERAL PROVISIONS
SECTION 1. Short Title. - These procedures shall be known and cited as the "New Rules and Procedures for VIMS (VISA ISSUANCE MADE SIMPLE)" of the Bureau of Immigration.
SECTION 2. Scope - These procedures shall govern the processing of applications for, and the issuance of visa, change of immigration status, visa extension, as well as similar proceedings for cancellation of alien registry, recognition as Filipino citizen, and for other special permits, before the Office of the Commissioner, the Board of the Commissioners, and other administrative and operating units of the Bureau of Immigration.
SECTION 3. Construction - These procedures Shalt be construed liberally in favor of speedy and inexpensive determination of the merit of every application; Provided, that, in no case shall the requirements of national sovereignty, internal security, national economy and family solidarity be compromised; Provided, furthermore, that, nothing in this Rules shall prevent the Commissioner of Immigration or the Board of Commissioners from suspending the application of these rules and instead adopt such fair and reasonable procedures, whenever any particular matter demands such extraordinary application, without however dispensing with the requirements of due process.
PART II
DOCUMENTARY REQUIREMENTS
SECTION 4. Documentary Requirements - All applications shall comply with and observe the documentary and procedural requirements enumerated in the accompanying CHECKLIST OF DOCUMENTARY REQUIREMENTS IN THE FILING, PROCESSING, AND EVALUATION OF VISA APPLICATIONS, PETITIONS FOR CHANGE OF IMMIGRATION STATUS, VISA EXTENSIONS AND OTHER SPECIAL PERMITS (ANNEX A) that is made as integral part of this Memorandum Circular.
PART III
PROCEDURE IN THE PROCESSING OF APPLICATIONS FOR CHANGE OF IMMIGRATION STATUS
SECTION 5. Common Procedures in the Processing of Applications for Change of Immigration Status and Issuance of Visa - Except for applications for change of immigration status from temporary visitor to Student Visa (Section 9f) and Pre-Arranged Employee Missionary Visa (Section 9g), the following are the common procedures to be observed and compiled with in the processing of applications for change of immigration status:
PART IV
PROCEDURES IN THE PROCESSING OF APPLICATIONS FOR VISA EXTENSION
SECTION 8. Common Procedures in the Processing of Applications for Visa Extension under Sections 13a in relation to LOI#33, Section 9d, Section 9g (Commercial) and Section 9g (Missionary) - Applications for extension of visa under Section 13a, 9d, and 9g (Commercial and Missionary) shall observe the following procedures, to wit:
PART V
PROCEDURES IN THE PROCESSING OF OTHER APPLICATIONS
AND SPECIAL PERMITS
SECTION 11. Procedures in the Processing of Applications for Cancellation of Alien Registry. - Applications for cancellation of alien registry shall observe the following procedures, to wit:
PART VI
VISA IMPLEMENTATION AND REGISTRATION
SECTION 17. Mandatory implementation and Registration - It shall be mandatory upon the Executive Director and the Chief, Alien Registration Division, to implement without delay the BOC-approved visa change of status or extensions thereof, as well as correspondingly effect the registration of alien without requiring further submission of any documents that may have already been passed upon by the Hearing Officer. Only those that are necessarily essential in implementing said BOC approval and/or the effective registration of the subject alien maybe required.
PART VII
OTHER PROVISIONS SECTION
SECTION 18. Additional Guidelines - The Commissioner may issue supplemental guidelines whenever warranted aimed at furthering the ends of this Circular; provided, that, any substantial alteration or deviation from the material provisions of this Memorandum Circular shall need the approval of the Secretary of Justice.
SECTION 19. Commissioner of Immigration Acting for the Board of Commissioners - Matters that need purely administrative or executive actions of the Board of Commissioners, may, whenever urgency and immediate action require, be delegated to the Commissioner of Immigration.
SECTION 20. Supercession Clause. - All circulars, orders, instructions or other issuances of the Department of Justice and the Bureau of Immigration that may be inconsistent herewith are deemed repealed, amended, and/or modified accordingly.
SECTION 21. Separability Clause. - Whenever competent authorities declare portions of this Memorandum Circular to be unconstitutional or devoid of legal basis, all other arts or portions hereof not otherwise effectively curtailed or affected shall remain valid.
SECTION 22. Effectivity. - This Memorandum Circular shall become effective immediately upon its publication in newspaper of general circulation.
Let copies of this Memorandum Circular be filed with the Office of National Administrative Register (ONAR) at the UP Law Center, UP Complex, Diliman, Quezon City.
Adopted: 26 Dec. 2007
(SGD.) MARCELINO C. LIBANAN
Commissioner
APPROVED.
(SGD.) RAUL M. GONZALEZ
Secretary of Justice
CHECKLIST OF SUPPORTING DOCUMENTS REQUIRED IN THE PROCESSING OF APPLICATIONS FOR, AND ISSUANCE OF VISA, CHANGE OF IMMIGRATION STATUS, VISA EXTENSION AND OTHER SPECIAL PERMITS BEFORE THE BUREAU OF IMMIGRATION (BI)
ENUMERATED HEREUNDER ARE the mandatory supporting documents required the processing of applications for:
I. CHANGE OF IMMIGRATION STATUS UNDER PERTINENT PROVISIONS OF COMMONWEALTH ACT NO. 613, AS AMENDED
A. Quota Immigrant Under Section 13
1 General Application Form duly accomplished and notarized (BI Form No. MCL-07-01);
2. Plain photocopy of the applicant's passport showing admission stamp and authorized Stay;
3. Original copy of 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 which has advanced or will advance the Philippine national interest;
4. Original copy of Medical Certificate issued by the Bureau of Quarantine and international Health Surveillance or a government medical institution with competence to certify that the applicant is not afflicted with any dangerous, contagious or loathsome disease and is mentally fit;
5. Bureau of Immigration (BI) Clearance Certificate; and
6. National intelligence Coordinating Agency (NICA) Clearance.
B. Non-Quota Immigrant by Marriage Under Section 13(a);
1. Duly notarized letter of application by the Filipino spouse;
2. General Application Form duly accomplished and notarized (BI Form No. MCL-07-01)
3. NSO authenticated copy of Birth certificate of Filipino spouse;
4. NSO authenticated copy of the Marriage Contract of alien and Filipino spouse or authenticated by the Philippine embassy/consulate nearest to or in the place where the marriage was solemnized;
5. Bureau of Immigration (BI) Clearance Certificate; and
6. Plain photocopy of passport of alien spouse showing dates of arrival and authorized stay.
C. Child Born Abroad of Immigrant Mother Under Section 13(b);
1. Duly notarized letter request by petitioning mother;
2. General Application Form duly accomplished and notarized (BI Form No. MCL-07-01);
3. ACR I-CARD of mother;
4. Birth certificate of child, duly authenticated by the Philippine embassy/ consulate nearest to or in the place of birth, with English translation, if written in other foreign language;
5. Bureau of Immigration (BI) Clearance Certificate; and
6. Plain photocopy of mother and childs passport
D. Returning Resident Under Section 13(e);
1. Duly notarized letter of application with the statement that the applicant intends to reside permanently in the Philippines and justification why the applicant overstayed outside of the Philippines;
2. General Application Form duly accomplished and notarized (BI Form No. MCL-07-01);
3. Plain photocopy of the applicant's passport with admission stamp;
4. Bureau of Immigration (BI) Clearance Certificate; and
5. ACR I-CARD; NICA Clearance.
If in the application, the applicant is joined by his/her spouse and unmarried minor children;
1. Plain photocopy Passport of dependent; and
2. Plain photocopy ACR I-CARD of dependent/s
E. Returning Former Filipino Citizen Under Section 13(g);
1. Duly notarized letter of application;
2. General Application Form duly accomplished and notarized (BI Form No. MCL-07-01)
3. NSO authenticated copy of birth certificate of the applicant;
4. Bureau of Immigration (BI) Clearance Certificate, and
5. Plain photocopy of passport, with English translation if written in other foreign language by the Phil. Embassy /consulate nearest to or in the place where the passport was issued.
If in the application, the applicant is joined by his/her spouse and unmarried minor children:
1. Copy of marriage contract of applicant and spouse, duly authenticated by the Philippine embassy/consulate nearest to or in the place where the marriage was solemnized, with English translation, if written in other foreign language;
2. Copy of birth certificate of minor unmarried children, duly authenticated by the Philippine embassy/consulate nearest to or in the place where the marriage was solemnized, with English translation, if written in other foreign language; and
3. Plain photocopies of their respective passports.
F. Temporary Resident's Visa Under Section 13(a), in relation to Law Instruction No. 33;
1. Duly notarized letter of application by petitioning Filipino spouse;
2. General Application Form duly accomplished by the foreign spouse and notarized (BI Form No. MCL-07-01);
3. NSO authenticated copy of birth certificate of Filipino spouse;
4. NSO authenticated copy of the Marriage Contract of the alien and Filipino spouse, or if solemnized abroad, Marriage Contract authenticated by the Philippine embassy/consulate in or nearest the place where marriage was solemnized, with English translation if written in other foreign language;
5. Bureau of Immigration (BI) Clearance Certificate; and
6. Plain photocopy of passport/s of alien spouse and/or children showing dates of arrival and authorized stay.
G. Treaty Trader's/Treaty Investor's Visa Under Section 9(d);
1. Duly notarized letter request from the petitioner;
2. Duly notarized General Application Form accomplished by the applicant (BI Form No. MCL-07-01);
3. Certified true copy of SEC Certificate of Registration, Articles of Incorporation, By-Laws and General Information Sheet, in case of corporation or partnership, or certified true copy of DTI Certificate of Registration of Business Name in case of single proprietorship;
4. Certified true copy of latest Income Tax Return and Audited Financial Statement stamped RECEIVED by the BIR;
5. Plain photocopy of passport bio and visa page;
6. Original copy of duly notarized contract of employment, or Corporate Secretary's Certificate of Election of applicant as corporate officer with details of exact compensation and duration of employment; and
7. Bureau of Immigration (BI) Clearance Certificate.
If in the application, the applicant is joined by his/her spouse and unmarried minor children;
1. Copy of marriage contract of applicant and spouse and/or birth certificate of minor unmarried children, NSO-certified or authenticated by the Philippine embassy/consulate in or nearest the place where marriage was solemnized or place of birth, with English translation if written in other foreign language, as the case may be; and
2. Plain photocopies of their respective passports.
H. Student Visa Under Section 9(f);
1. Duly notarized letter request from the applicant;
2. Duly notarized General Application Form accomplished by the applicant (BI Form No. MCL-07-01);
3. Original copy of the Notice of Acceptance (NOA) containing a clear impression of the school's official dry seal or a duly notarized written endorsement from the school for the conversion of the applicant's status signed by the school's Registrar;
4. Original copy of Medical Certificate issued by the Bureau of Quarantine and International Health Surveillance or a government medical institution with competence to certify that the applicant is not afflicted with any dangerous, contagious or loathsome disease and is mentally fit;
5. Plain photocopy of applicant's passport bio-page, latest admission and authorized stay; and
6. NICA Clearance; and
7. Bureau of Immigration (BI) Clearance Certificate.
I. Pre-Arranged Employee-Commercial Under Section 9(g);
1. Duly notarized letter request from the petitioner-organization;
2. General Application Form duly accomplished and notarized (BI Form No. MCL-07-01);
3. Department of Labor and Employment (DOLE) certified true copy of Alien Employment Permit (AEP);
4. Bureau of Immigration (BI) Clearance Certificate; and
5. Plain photocopy of the applicant's passport showing admission and authorized stay.
If in the application, the applicant is joined by his/her spouse and unmarried minor children:
1. Copy of marriage contract of applicant and spouse and/or birth certificate of minor unmarried children, NSO-certified or authenticated by the Philippine embassy/consulate in or nearest the place where marriage was solemnized or place of birth, with English translation if written in other foreign language, as the case may be; and
2. Plain photocopies of their respective passports.
J. Pre-Arranged Employee- Missionary Under Section 9(g);
1. Duly notarized letter request from the petitioner-organization with information of applicant's place of assignment;
2. General application form duly accomplished and notarized (BI Form No. MCL-07-01).
3. Certified true copy of SEC Certificate of Registration, Articles of Incorporation and By-laws of petitioner;
4. Certified true copy of missionary credentials;
5. Bureau of Immigration (BI) Clearance Certificate; and
6. Plain photocopy of the applicant's passport showing admission status and authorized stay
If in the application, the applicant is joined by his/her spouse and unmarried minor children:
1. Copy of marriage contract of applicant and spouse and/or birth certificate of minor unmarried children, NSO-certified or authenticated by the Philippine embassy/consulate in or nearest the place where marriage was solemnized or place of birth, with English translation if written in other foreign language, as the case may be; and
2. Plain photocopies of their respective passports.
II. VISA EXTENSION UNDER PERTINENT PROVISIONS OF COMMONWEALTH ACT NO. 613, AS AMENDED
A. Temporary Resident's Visa- Under Section 13(a)-
1. Duly notarized letter request from the petitioner-Filipino spouse;
2. General application form duly accomplished and notarized (BI Form No. MCL-07-01);
3.Valid ACR-I-Card;
4. Valid passport of applicant; and
5. Bureau of Immigration (BI) Clearance Certificate.
B. Temporary Visitor's Visa Under Section 9A-
1. Valid passport of applicant: and
2. General application form duly accomplished and notarized (BI Form No. MCL 07-01)
C. Treaty Trader's/Investor's Visa Under Section 9D-
1. Letter request from the petitioner/applicant (single proprietorship, partnership or corporation), duly notarized;
2. Valid passport and ACR I-Card
3. General application form duly accomplished and notarized (BI Form. No. MCL-07-01); and
4. Bureau of Immigration (BI) Clearance Certificate.
D. Student Visa Under Section 9F-
1. Duly notarized general application form accomplished by the applicant (BI Form No. MCL-07-01);
2. ACR I-Card;
3. Letter of Acceptance from school for the coming semester duly signed by the school Registrar/student's registration card/enrolment;
4. Certified true copy of Transcript of Records or certified true copy of grades for the last semester/trimester/quadsemester
5. True photocopy of applicants passport bio-page, latest admission and authorized stay;
6. Bureau of Immigration (BI) Clearance Certificate.
E. Pre-Arranged Employee Commercial Visa Under Section 9G-
1. Letter request from the petitioner-employer, duly authorized;
2. Valid ACR I-Card and passport:
3. General application form duly accomplished and notarized (BI Form No. MCL-07-01);
4. Valid Alien Employment Permit (AEP); and
5. Bureau of immigration (BI) Clearance Certificate.
F. Prearranged Employee-Missionary Visa Under Section 9G -
1. Duly notarized letter request from the petitioner-employer;
2. Barangay Certification that applicant is actually rendering missionary service in the community/Barangay
3. Valid ACR I-Card and passport;
4. General application form duly accomplished and notarized (BI Form No. MCL- 07-01);
5. Bureau of Immigration (BI) Clearance Certificate.
III. OTHER APPLICATIONS AND SPECIAL PERMITS UNDER PERTINENT PROVISIONS OF COMMONWEALTH ACT NO. 613, AS AMENDED
A. Cancellation of Alien Registry By Reason of Marriage and Granting of Philippine Citizenship
1. ACR I-Card;
2. Petition for cancellation of alien registry;
3. Notarized/Sworn Oath of Allegiance;
4. NSO authenticated copy of the Marriage Contract of alien and Filipino spouse or authenticated by the Philippine embassy/consulate nearest to or in the place where the marriage was solemnized;
5. NSO authenticated birth certificate of husband or authenticated documents indicating his Philippine citizenship;
7. Original copy of Medical Certificate issued by the Bureau of Quarantine and international Health Surveillance; or of any government medical institution with competence to certify that the applicant is not afflicted with any dangerous, contagious or loathsome disease and is mentally fit; and
8. Bureau of Immigration (BI) Clearance Certificate.
B. Recognition as Filipino Citizen
1. Duly notarized letter request from the applicant, or from either or both parents or legal guardian of applicant with attestation that the parent/s were Filipino citizen/s at the time of the child's birth;
2. Copy of birth certificate of the applicant/child duly certified by the Philippine embassy/ consulate in or nearest to his/her place of birth, and with English translation, if written in other foreign language;
3. NSO authenticated copy of birth certificate of either parent of Certificate of Naturalization, if at the time of the filing of the application both parents are no longer Filipinos;
4. Plain photocopy of the applicant/child's passport; and
5. Bureau of Immigration (BI) Clearance Certificate.
C. Special Study Permit
1 Duly notarized letter request from the applicant;
2. General application form duly accomplished and notarized (BI Form No. MCL-07-01);
3. Certificate of acceptance issued by learning institutions duly accredited by the Bureau of Immigration to accept foreign students; and
4. Plain photocopy of passport reflecting applicant's bio-page and authorized stay.
D. Special Work Permit
1. Duly notarized letter request from petitioner company with an undertaking to withhold and remit to the BIR taxes due on all income of the applicant;
2. Plain photocopy of passport bio-page and valid authorized stay;
3. Plain photocopy of SEC Registration, By-Laws, Articles of Incorporation of the company;
4. Plain photocopy of Contract specifying the exact compensation to be earned; and
5. Bureau of Immigration (BI) Clearance Certificate.
E. SPECIAL WORK PERMIT ARTISTS & ATHLETES
1. Letter request from the petitioner company;
2. Plain photocopy of passport bio-page and authorized stay;
3. Bureau of Immigration (BI) Clearance Certificate, and
4. Endorsement from:
GENERAL PROVISIONS
SECTION 1. Short Title. - These procedures shall be known and cited as the "New Rules and Procedures for VIMS (VISA ISSUANCE MADE SIMPLE)" of the Bureau of Immigration.
SECTION 2. Scope - These procedures shall govern the processing of applications for, and the issuance of visa, change of immigration status, visa extension, as well as similar proceedings for cancellation of alien registry, recognition as Filipino citizen, and for other special permits, before the Office of the Commissioner, the Board of the Commissioners, and other administrative and operating units of the Bureau of Immigration.
SECTION 3. Construction - These procedures Shalt be construed liberally in favor of speedy and inexpensive determination of the merit of every application; Provided, that, in no case shall the requirements of national sovereignty, internal security, national economy and family solidarity be compromised; Provided, furthermore, that, nothing in this Rules shall prevent the Commissioner of Immigration or the Board of Commissioners from suspending the application of these rules and instead adopt such fair and reasonable procedures, whenever any particular matter demands such extraordinary application, without however dispensing with the requirements of due process.
DOCUMENTARY REQUIREMENTS
SECTION 4. Documentary Requirements - All applications shall comply with and observe the documentary and procedural requirements enumerated in the accompanying CHECKLIST OF DOCUMENTARY REQUIREMENTS IN THE FILING, PROCESSING, AND EVALUATION OF VISA APPLICATIONS, PETITIONS FOR CHANGE OF IMMIGRATION STATUS, VISA EXTENSIONS AND OTHER SPECIAL PERMITS (ANNEX A) that is made as integral part of this Memorandum Circular.
PROCEDURE IN THE PROCESSING OF APPLICATIONS FOR CHANGE OF IMMIGRATION STATUS
SECTION 5. Common Procedures in the Processing of Applications for Change of Immigration Status and Issuance of Visa - Except for applications for change of immigration status from temporary visitor to Student Visa (Section 9f) and Pre-Arranged Employee Missionary Visa (Section 9g), the following are the common procedures to be observed and compiled with in the processing of applications for change of immigration status:
1 Filing of the General Application Form (BI Form No. MCL-07-01), together with all the documentary requirements enumerated in Annex A as cited in Section 4 hereof, with the Central Receiving Section at Ground Floor, BI Main Building, Intramuros, Manila City, by the applicant, either personally or through his authorized representative chosen from among those accredited by the Bureau.SECTION 6. Procedures in the Processing of Applications for Change of Immigration status from Temporary Visitor and issuance of Student Visa under Section 9(f) - All Applications for change of immigration status from temporary visitor to that of student visa shall observe the following procedures, to wit:
2. At the Central Receiving Section, the Processor shall conduct a quick review of the completeness of the documentary requirements in the presence of the filer. Should his submissions be found deficient, the Processor shall outrightly return the same to the filer advising the latter of the deficiency. If, on the other hand, the submissions are complete, the processor shall forthwith cause the conduct of a verification check on the applicant's travel and derogatory records;
3. In case a derogatory record exists during the conduct of the verification check, the Processor shall advise the filer on the specifics of the said record, as well as the possible courses of action that the filer may take. Should the verification check yield no derogatory record, the Processor shall advise the filer to wait in queue until he releases the systems generated Order of Payment Slip (OPS) that contains the particulars of fees and other assessments;
4. Immediately upon the release of the OPS, the filer shall, within 24 hours from receipt of said OPS, effect payment or cause the payment of the fees and other assessments reflected thereat, with the authorized collecting Officer designated for this purpose;
5. At the Cashier or duly designated collecting officer, the filer shall ensure that he is issued a systems-generated Official Receipt (OR) evidencing payment of the fees. Said systems-generated OR shall, aside from indicating the particulars of payment, also contain the Notice of Hearing that indicates the particular dates, time, venue and the name of the Hearing Officer;
6. On the appointed dates of hearing, the applicant shall be required to enrol himself in the Biometric Kiosk designed for the purpose;
7. Within prescribed period after the last scheduled hearing, the Hearing Officer shall evaluate the merits of the application and forthwith prepare his recommendation for the appreciation and deliberation before the Board of Commissioners;
8. Depending on the result of the BOC deliberations, the following systems-triggered actions shall follow: (a) updating of records; (b) preparation of Notice of BOC Action; (c) systems-generation of OPS for visa implementation fees and other
9. Transmittal of the systems-generated Notice of BOC Action, together with the OPS for visa implementation fees and other assessments if the application acted favorably, to the applicant through BI-accredited courier;
10. Payment to the Cashier or BI-authorized agent banks (AAB) of the visa implementation fees and other assessments, and issuance by the Cashier of Official Receipt (OR) or in case of payments made through the BI-AAB, the machine validated deposit slip;
11. Presentation of the Official Receipt or machine-validated deposit slip and submission of passport before the Executive Director or duly designated Implementing Officer for the implementation of the BOC decision as well as the Issuance of the appropriate visa or special permit; and
12. At the option of the applicant, he may transmit to the Office of the Executive Director of the Bureau his passport and the machine-validated deposit slip through the BI-accredited courier.
1. Filing of the application duly supported by the documentary requirements enumerated above and a quick review of their completeness;SECTION 7. Procedures in the Processing of Applications for Change of Immigration Status from Temporary Visitor and Issuance of Prearranged Employee-Missionary Visa under Section 9(g) - All applications for change of immigration status from temporary visitor to that of a Pre-Arranged Employee-Missionary visa shall observe the following procedures, to wit:
2. Verification of travel and derogatory records, assessment of filing and other fees as well as the systems-generation of the Order of Payment Slip (OPS);
3. Releasing of the OPS;
4. Payment to collecting officer and issuance of the Official Receipt (OR) evidencing payment of the required fees;
5. Enrolment of the applicant in the BI-designated biometric kiosk;
6. Preparation of the recommendation by the Student Desk Officer and the recommending approval by the IRD Chief;
7. Approval of the Visa conversion by the Commissioner;
8. Updating of records, implementation of visa and systems-generation of the Endorsement for Registration;
9. Releasing of passport and the Endorsement for Registration; and,
10. Archiving of the Documents
1. Filing of the application duly supported by the documentary requirements enumerated above and a quick review of their completeness;
2. ICT-aided verification of travel and derogatory records, assessment of filing and other fees as well as the generation of the Order of Payment Slip (OPS), assignment/raffle of application to hearing officer, generation of Notice of Hearing indicating the tentative dates of BOC deliberation over the application;
3. Releasing of the OPS and Notice of Hearing to the applicant;
4. Payment to collecting officer and issuance of the Official Receipt (OR) evidencing payment of the required fees;
5. Evaluation and preparation of the Hearing Officer recommendation;
6. BOC Deliberation;
7. Updating of records, preparation of Notice of BOC Action, and generation of assessment for implementation and other fees;
8. Transmittal of Notice and Assessment;
9. Payment to collecting officer and the issuance of the Official Receipt evidencing payment thereof;
10. Receiving of Passport for purposes of Visa Implementation and the releasing thereof; and
11. Documents archiving.
PROCEDURES IN THE PROCESSING OF APPLICATIONS FOR VISA EXTENSION
SECTION 8. Common Procedures in the Processing of Applications for Visa Extension under Sections 13a in relation to LOI#33, Section 9d, Section 9g (Commercial) and Section 9g (Missionary) - Applications for extension of visa under Section 13a, 9d, and 9g (Commercial and Missionary) shall observe the following procedures, to wit:
1. Receiving of application with complete documentary requirements;SECTION 9. Procedures in the Processing of Applications for Extension of Visitor's Visa Under Section 9a. - Applications for visitor's visa under Section 9a shall observe the following procedures, to wit:
2. Verification of travel and derogatory records, assessment of filing, implementation and other fees and generation of Order of Payment Slip;
3. Releasing of OPS to applicant;
4. Payment to collecting officer and issuance of Official receipt;
5. Generation of Order of extension and approval of the Commissioner;
6. Updating of records;
7. Visa implementation and release; and
8. Document archiving.
1. Receiving of application with complete documentary requirementsSECTION 10. Procedures in the Processing of Applications for Extension of Student Visa Under Section 9f. - Applications for student visa under Section 9f shall observe he following procedures, to wit:
2. Verification of travel and derogatory records, assessment of filing, implementation and other fees and generation of Order of Payment Slip;
3. Releasing of OPS to applicant;
4. Payment to collecting officer and issuance of Official receipt;
5. Approval of Extension;
6. Updating of records, visa implementation and document archiving; and
7. Release of Passport.
1. Receiving of application with documentary requirements;
2. Verification of travel and derogatory records, assessment of filing and other fees and generation of Order of Payment slip
3. Releasing of OPS;
4. Payment to collecting officer and issuance of Official Receipt;
5. Updating of records, implementation of visa and generation of Notice to the Registrar on the action taken;
6. Approval of Visa Extension;
7. Releasing of Passport; and
8. Document Archiving.
PROCEDURES IN THE PROCESSING OF OTHER APPLICATIONS
AND SPECIAL PERMITS
SECTION 11. Procedures in the Processing of Applications for Cancellation of Alien Registry. - Applications for cancellation of alien registry shall observe the following procedures, to wit:
1. Receiving of application together with documentary requirements;SECTION 12. Procedures in the Processing of Applications for Recognition as Filipino Citizen. - Applications for recognition as Filipino citizen shall observe the following procedures, to wit:
2. Verification of travel and derogatory records, assessment of filing and other fees and generation of Order of Payment Slip, assignment/raffle of application to hearing officer, generation of Notice of Hearing
3. Releasing of OPS and Notice of Hearing to applicant
4. Payment to collecting officer and issuance of Official Receipt;
5. Conduct of hearing, evaluation and preparation of Order of Cancellation and Transmittal Letter to DOJ by hearing officer;
6. Approval by the Commissioner;
7. Transmittal of Order for affirmation by DOJ;
8. Receiving of Affirmation Order from DOJ;
9. Assessment of immigration fees and generation of Order of Payment Slip;
10. Payment to collecting officer and issuance of Official receipt;
11. Assignment to registration officer updating of records and preparation of Filipino Identification Certificate;
12. Issuance of Filipino Identification Certificate, picture and fingerprint impression taking;
13. Signing by the Commissioner of the Identification Certificate;
13. Releasing; and
14. Document archiving.
1. Receiving of application together with documentary requirements;SECTION 13. Procedures in the Processing of Applications for Affirmation of Order of Recognition. - Applications for affirmation of the order of recognition as Filipino citizen shall observe the following procedures, to wit:
2. Verification of travel and derogatory records, assessment of filing and other fees and generation of Order of Payment Slip, assignment/raffle of application to hearing officer, generation of Notice of Hearing;
3. Releasing of OPS and Notice of Hearing to applicant;
4. Payment to collecting officer and issuance of Official Receipt;
5. Conduct of hearing, evaluation and preparation of Order of Cancellation and Transmittal Letter to DOJ by hearing officer;
6. Approval by the Commissioner;
7. Transmittal of Order for affirmation by DOJ;
8. Receiving of Affirmation Order from DOJ;
9. Assessment of immigration fees and generation of Order of Payment Slip;
10. Payment to collecting officer and issuance of Official receipt;
11. Assignment to registration officer, updating of records and preparation of Filipino Identification Certificate;
12. Issuance of Filipino identification Certificate, picture and fingerprint impression taking;
13. Signing by the Commissioner of the Identification Certificate;
14. Releasing of the Identification Certificate; and
15. Document archiving,
1. Receiving of application together with documentary requirements;SECTION 14. Procedures in the Processing of Applications for Special Study Permit - Applications for special study permit shall observe the following procedures, to wit;
2. Assessment of filing and other fees and generation of Order of Payment Slip and Transmittal Letter to DOJ;
3. Releasing of OPS
4. Payment to collecting officer and issuance of Official Receipt;
5. Signing of Transmittal Letter by the Commissioner;
6. Transmittal of application and other supporting documents to DOJ;
7. Receiving of Affirmation Order from DOJ;
8. Assessment of immigration fees and generation of Order of Payment Slip;
9. Payment to collecting officer and issuance of Official receipt;
10. Assignment to registration officer, updating of records and preparation of Filipino Identification Certificate;
11. Issuance of Filipino identification Certificate, picture and fingerprint impression taking;
12. Signing by the Commissioner of the Identification Certificate;
13. Releasing of the Identification Certificate; and
14. Document archiving
1. Receiving of application together with documentary requirements;SECTION 15. Procedures in the Processing of Applications for Special Work Permit - Applications for special work permit shall observe the following procedures, to wit:
2. Verification of travel and derogatory records, assessment of filing and other fees and generation of Order of Payment Slip;
3. Releasing of OPS;
4. Payment to collecting officer and issuance of Official Receipt;
5. Evaluation, updating of records and preparation of Order by concerned unit/ section;
6. Approval of the Special Study Permit (SSP) by the Commissioner;
7. Release of SSP; and
8. Document archiving.
1. Receiving of application together with documentary requirements;SECTION 16. Procedures in the Processing of Applications for Special Work Permit for Artists and Athletes - Applications for special work permit for artists and athletes shall observe the following procedures, to wit:
2. Verification of travel and derogatory records, assessment of filing and other fees and generation of Order of Payment Slip;
3. Releasing of OPS;
4. Payment to collecting officer and issuance of Official Receipt;
5. Evaluation, updating of records and preparation of Order by concerned unit/section;
6. Approval of the Special Work Permit (SWP) by the Commissioner;
7. Release of SWP; and
8. Document archiving.
1. Receiving of application together with documentary requirements;
2. Verification of travel and derogatory records, assessment of filing and other fees and generation of Order of Payment Slip;
3. Releasing of OPS;
4. Payment to collecting officer and issuance of Official Receipt;
5. Evaluation, updating of records and preparation of Order by concerned unit/ section;
6. Approval of the Special Work Permit for Artists and Athletes (SWPAA) by the Commissioner;
7. Release of SWPAA; and
8. Document archiving.
VISA IMPLEMENTATION AND REGISTRATION
SECTION 17. Mandatory implementation and Registration - It shall be mandatory upon the Executive Director and the Chief, Alien Registration Division, to implement without delay the BOC-approved visa change of status or extensions thereof, as well as correspondingly effect the registration of alien without requiring further submission of any documents that may have already been passed upon by the Hearing Officer. Only those that are necessarily essential in implementing said BOC approval and/or the effective registration of the subject alien maybe required.
OTHER PROVISIONS SECTION
SECTION 18. Additional Guidelines - The Commissioner may issue supplemental guidelines whenever warranted aimed at furthering the ends of this Circular; provided, that, any substantial alteration or deviation from the material provisions of this Memorandum Circular shall need the approval of the Secretary of Justice.
SECTION 19. Commissioner of Immigration Acting for the Board of Commissioners - Matters that need purely administrative or executive actions of the Board of Commissioners, may, whenever urgency and immediate action require, be delegated to the Commissioner of Immigration.
SECTION 20. Supercession Clause. - All circulars, orders, instructions or other issuances of the Department of Justice and the Bureau of Immigration that may be inconsistent herewith are deemed repealed, amended, and/or modified accordingly.
SECTION 21. Separability Clause. - Whenever competent authorities declare portions of this Memorandum Circular to be unconstitutional or devoid of legal basis, all other arts or portions hereof not otherwise effectively curtailed or affected shall remain valid.
SECTION 22. Effectivity. - This Memorandum Circular shall become effective immediately upon its publication in newspaper of general circulation.
Let copies of this Memorandum Circular be filed with the Office of National Administrative Register (ONAR) at the UP Law Center, UP Complex, Diliman, Quezon City.
Adopted: 26 Dec. 2007
Commissioner
APPROVED.
(SGD.) RAUL M. GONZALEZ
Secretary of Justice
ANNEX A
ENUMERATED HEREUNDER ARE the mandatory supporting documents required the processing of applications for:
I. CHANGE OF IMMIGRATION STATUS UNDER PERTINENT PROVISIONS OF COMMONWEALTH ACT NO. 613, AS AMENDED
A. Quota Immigrant Under Section 13
1 General Application Form duly accomplished and notarized (BI Form No. MCL-07-01);
2. Plain photocopy of the applicant's passport showing admission stamp and authorized Stay;
3. Original copy of 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 which has advanced or will advance the Philippine national interest;
4. Original copy of Medical Certificate issued by the Bureau of Quarantine and international Health Surveillance or a government medical institution with competence to certify that the applicant is not afflicted with any dangerous, contagious or loathsome disease and is mentally fit;
5. Bureau of Immigration (BI) Clearance Certificate; and
6. National intelligence Coordinating Agency (NICA) Clearance.
B. Non-Quota Immigrant by Marriage Under Section 13(a);
1. Duly notarized letter of application by the Filipino spouse;
2. General Application Form duly accomplished and notarized (BI Form No. MCL-07-01)
3. NSO authenticated copy of Birth certificate of Filipino spouse;
4. NSO authenticated copy of the Marriage Contract of alien and Filipino spouse or authenticated by the Philippine embassy/consulate nearest to or in the place where the marriage was solemnized;
5. Bureau of Immigration (BI) Clearance Certificate; and
6. Plain photocopy of passport of alien spouse showing dates of arrival and authorized stay.
C. Child Born Abroad of Immigrant Mother Under Section 13(b);
1. Duly notarized letter request by petitioning mother;
2. General Application Form duly accomplished and notarized (BI Form No. MCL-07-01);
3. ACR I-CARD of mother;
4. Birth certificate of child, duly authenticated by the Philippine embassy/ consulate nearest to or in the place of birth, with English translation, if written in other foreign language;
5. Bureau of Immigration (BI) Clearance Certificate; and
6. Plain photocopy of mother and childs passport
D. Returning Resident Under Section 13(e);
1. Duly notarized letter of application with the statement that the applicant intends to reside permanently in the Philippines and justification why the applicant overstayed outside of the Philippines;
2. General Application Form duly accomplished and notarized (BI Form No. MCL-07-01);
3. Plain photocopy of the applicant's passport with admission stamp;
4. Bureau of Immigration (BI) Clearance Certificate; and
5. ACR I-CARD; NICA Clearance.
If in the application, the applicant is joined by his/her spouse and unmarried minor children;
1. Plain photocopy Passport of dependent; and
2. Plain photocopy ACR I-CARD of dependent/s
E. Returning Former Filipino Citizen Under Section 13(g);
1. Duly notarized letter of application;
2. General Application Form duly accomplished and notarized (BI Form No. MCL-07-01)
3. NSO authenticated copy of birth certificate of the applicant;
4. Bureau of Immigration (BI) Clearance Certificate, and
5. Plain photocopy of passport, with English translation if written in other foreign language by the Phil. Embassy /consulate nearest to or in the place where the passport was issued.
If in the application, the applicant is joined by his/her spouse and unmarried minor children:
1. Copy of marriage contract of applicant and spouse, duly authenticated by the Philippine embassy/consulate nearest to or in the place where the marriage was solemnized, with English translation, if written in other foreign language;
2. Copy of birth certificate of minor unmarried children, duly authenticated by the Philippine embassy/consulate nearest to or in the place where the marriage was solemnized, with English translation, if written in other foreign language; and
3. Plain photocopies of their respective passports.
F. Temporary Resident's Visa Under Section 13(a), in relation to Law Instruction No. 33;
1. Duly notarized letter of application by petitioning Filipino spouse;
2. General Application Form duly accomplished by the foreign spouse and notarized (BI Form No. MCL-07-01);
3. NSO authenticated copy of birth certificate of Filipino spouse;
4. NSO authenticated copy of the Marriage Contract of the alien and Filipino spouse, or if solemnized abroad, Marriage Contract authenticated by the Philippine embassy/consulate in or nearest the place where marriage was solemnized, with English translation if written in other foreign language;
5. Bureau of Immigration (BI) Clearance Certificate; and
6. Plain photocopy of passport/s of alien spouse and/or children showing dates of arrival and authorized stay.
G. Treaty Trader's/Treaty Investor's Visa Under Section 9(d);
1. Duly notarized letter request from the petitioner;
2. Duly notarized General Application Form accomplished by the applicant (BI Form No. MCL-07-01);
3. Certified true copy of SEC Certificate of Registration, Articles of Incorporation, By-Laws and General Information Sheet, in case of corporation or partnership, or certified true copy of DTI Certificate of Registration of Business Name in case of single proprietorship;
4. Certified true copy of latest Income Tax Return and Audited Financial Statement stamped RECEIVED by the BIR;
5. Plain photocopy of passport bio and visa page;
6. Original copy of duly notarized contract of employment, or Corporate Secretary's Certificate of Election of applicant as corporate officer with details of exact compensation and duration of employment; and
7. Bureau of Immigration (BI) Clearance Certificate.
If in the application, the applicant is joined by his/her spouse and unmarried minor children;
1. Copy of marriage contract of applicant and spouse and/or birth certificate of minor unmarried children, NSO-certified or authenticated by the Philippine embassy/consulate in or nearest the place where marriage was solemnized or place of birth, with English translation if written in other foreign language, as the case may be; and
2. Plain photocopies of their respective passports.
H. Student Visa Under Section 9(f);
1. Duly notarized letter request from the applicant;
2. Duly notarized General Application Form accomplished by the applicant (BI Form No. MCL-07-01);
3. Original copy of the Notice of Acceptance (NOA) containing a clear impression of the school's official dry seal or a duly notarized written endorsement from the school for the conversion of the applicant's status signed by the school's Registrar;
4. Original copy of Medical Certificate issued by the Bureau of Quarantine and International Health Surveillance or a government medical institution with competence to certify that the applicant is not afflicted with any dangerous, contagious or loathsome disease and is mentally fit;
5. Plain photocopy of applicant's passport bio-page, latest admission and authorized stay; and
6. NICA Clearance; and
7. Bureau of Immigration (BI) Clearance Certificate.
I. Pre-Arranged Employee-Commercial Under Section 9(g);
1. Duly notarized letter request from the petitioner-organization;
2. General Application Form duly accomplished and notarized (BI Form No. MCL-07-01);
3. Department of Labor and Employment (DOLE) certified true copy of Alien Employment Permit (AEP);
4. Bureau of Immigration (BI) Clearance Certificate; and
5. Plain photocopy of the applicant's passport showing admission and authorized stay.
If in the application, the applicant is joined by his/her spouse and unmarried minor children:
1. Copy of marriage contract of applicant and spouse and/or birth certificate of minor unmarried children, NSO-certified or authenticated by the Philippine embassy/consulate in or nearest the place where marriage was solemnized or place of birth, with English translation if written in other foreign language, as the case may be; and
2. Plain photocopies of their respective passports.
J. Pre-Arranged Employee- Missionary Under Section 9(g);
1. Duly notarized letter request from the petitioner-organization with information of applicant's place of assignment;
2. General application form duly accomplished and notarized (BI Form No. MCL-07-01).
3. Certified true copy of SEC Certificate of Registration, Articles of Incorporation and By-laws of petitioner;
4. Certified true copy of missionary credentials;
5. Bureau of Immigration (BI) Clearance Certificate; and
6. Plain photocopy of the applicant's passport showing admission status and authorized stay
If in the application, the applicant is joined by his/her spouse and unmarried minor children:
1. Copy of marriage contract of applicant and spouse and/or birth certificate of minor unmarried children, NSO-certified or authenticated by the Philippine embassy/consulate in or nearest the place where marriage was solemnized or place of birth, with English translation if written in other foreign language, as the case may be; and
2. Plain photocopies of their respective passports.
A. Temporary Resident's Visa- Under Section 13(a)-
1. Duly notarized letter request from the petitioner-Filipino spouse;
2. General application form duly accomplished and notarized (BI Form No. MCL-07-01);
3.Valid ACR-I-Card;
4. Valid passport of applicant; and
5. Bureau of Immigration (BI) Clearance Certificate.
B. Temporary Visitor's Visa Under Section 9A-
1. Valid passport of applicant: and
2. General application form duly accomplished and notarized (BI Form No. MCL 07-01)
C. Treaty Trader's/Investor's Visa Under Section 9D-
1. Letter request from the petitioner/applicant (single proprietorship, partnership or corporation), duly notarized;
2. Valid passport and ACR I-Card
3. General application form duly accomplished and notarized (BI Form. No. MCL-07-01); and
4. Bureau of Immigration (BI) Clearance Certificate.
D. Student Visa Under Section 9F-
1. Duly notarized general application form accomplished by the applicant (BI Form No. MCL-07-01);
2. ACR I-Card;
3. Letter of Acceptance from school for the coming semester duly signed by the school Registrar/student's registration card/enrolment;
4. Certified true copy of Transcript of Records or certified true copy of grades for the last semester/trimester/quadsemester
5. True photocopy of applicants passport bio-page, latest admission and authorized stay;
6. Bureau of Immigration (BI) Clearance Certificate.
E. Pre-Arranged Employee Commercial Visa Under Section 9G-
1. Letter request from the petitioner-employer, duly authorized;
2. Valid ACR I-Card and passport:
3. General application form duly accomplished and notarized (BI Form No. MCL-07-01);
4. Valid Alien Employment Permit (AEP); and
5. Bureau of immigration (BI) Clearance Certificate.
F. Prearranged Employee-Missionary Visa Under Section 9G -
1. Duly notarized letter request from the petitioner-employer;
2. Barangay Certification that applicant is actually rendering missionary service in the community/Barangay
3. Valid ACR I-Card and passport;
4. General application form duly accomplished and notarized (BI Form No. MCL- 07-01);
5. Bureau of Immigration (BI) Clearance Certificate.
A. Cancellation of Alien Registry By Reason of Marriage and Granting of Philippine Citizenship
1. ACR I-Card;
2. Petition for cancellation of alien registry;
3. Notarized/Sworn Oath of Allegiance;
4. NSO authenticated copy of the Marriage Contract of alien and Filipino spouse or authenticated by the Philippine embassy/consulate nearest to or in the place where the marriage was solemnized;
5. NSO authenticated birth certificate of husband or authenticated documents indicating his Philippine citizenship;
i. NSO authenticated copy of birth certificate of the children, if dependents are included in the application;6. Clearance from the following agencies that have jurisdiction over the place of residence of the applicant, to wit: NBI, NICA, PNP, Office of the Prosecutor, Metropolitan/Municipal Trial Court, and the Regional Trial Court;
ii. NSO authenticated copy of death certificate of husband, if deceased;
7. Original copy of Medical Certificate issued by the Bureau of Quarantine and international Health Surveillance; or of any government medical institution with competence to certify that the applicant is not afflicted with any dangerous, contagious or loathsome disease and is mentally fit; and
8. Bureau of Immigration (BI) Clearance Certificate.
B. Recognition as Filipino Citizen
1. Duly notarized letter request from the applicant, or from either or both parents or legal guardian of applicant with attestation that the parent/s were Filipino citizen/s at the time of the child's birth;
2. Copy of birth certificate of the applicant/child duly certified by the Philippine embassy/ consulate in or nearest to his/her place of birth, and with English translation, if written in other foreign language;
3. NSO authenticated copy of birth certificate of either parent of Certificate of Naturalization, if at the time of the filing of the application both parents are no longer Filipinos;
4. Plain photocopy of the applicant/child's passport; and
5. Bureau of Immigration (BI) Clearance Certificate.
C. Special Study Permit
1 Duly notarized letter request from the applicant;
2. General application form duly accomplished and notarized (BI Form No. MCL-07-01);
3. Certificate of acceptance issued by learning institutions duly accredited by the Bureau of Immigration to accept foreign students; and
4. Plain photocopy of passport reflecting applicant's bio-page and authorized stay.
D. Special Work Permit
1. Duly notarized letter request from petitioner company with an undertaking to withhold and remit to the BIR taxes due on all income of the applicant;
2. Plain photocopy of passport bio-page and valid authorized stay;
3. Plain photocopy of SEC Registration, By-Laws, Articles of Incorporation of the company;
4. Plain photocopy of Contract specifying the exact compensation to be earned; and
5. Bureau of Immigration (BI) Clearance Certificate.
E. SPECIAL WORK PERMIT ARTISTS & ATHLETES
1. Letter request from the petitioner company;
2. Plain photocopy of passport bio-page and authorized stay;
3. Bureau of Immigration (BI) Clearance Certificate, and
4. Endorsement from:
- Asosasyon ng Musikong Pilipino (AMP) and Organisasyon ng Pilipinong Mang-aawit (OPM) for musical artists/performers;
- Film Academy of the Philippines (FAP) for film/stage actors/actresses; and
- Philippine Basketball Association (PBA) for import players/coaches / trainers and
- Other legitimate organizations related to the mentioned occupations.