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 IMMIGRATION AND
CITIZENSHIP
Maria Teresita Geraldine Sison Go
IMMIGRATION
 Bureau of Immigration

This Bureau controls and

regulates the immigration
of Foreign Nationals into
the Philippines.
 Definition of Immigration

Authorized movement into, sojourn within and

exit of foreigners from the territory of a state.
 Visa Free Foreign
Nationals
Foreign nationals do not need to
secure an entry visa prior to
travelling to the Philippines.
 Visa Required Foreign
Nationals
Foreigners whose countries are not
included in the list of visa free
countries are considered as visa
required or restricted nationals.
 Temporary Visitor’s Visa (TVV)
ENTRY EXTENSION MOTION FOR RECONSIDERATION

Non-visa required tourists (Extension of Authorized A Motion for reconsideration

may be admitted initially stay Beyond 59 days) may be filed by a foreign
for thirty (30) days. national, whose authorized
One month stay has reached it’s
Two months maximum limit.
Six months
Visa Upon Arrival

The visa on arrival for the

Philippines allows eligible
citizen to stay up to 59 days
in the Philippines.
 Balikbayan Visa

Balikbayan refers to any of the following:

1. Philippinecitizen who has been continuously out
of the country of at least one (1) year.
2. Overseas Filipino Worker
3. Former Filipino citizen
TYPE OF VISAS
 Treaty Trader or Treaty Investor or Employee
of a Treaty Investor or 9(d) visa

Foreign nationals whose

country has a bilateral
trading agreement or Treaty
with the Philippines.
 Prearranged Employment
Visa or 9(g) Commercial Visa

Foreign nationals who are proceeding to the

Philippines to engage in any lawful
occupation, for purposes of gainful
employment where a bona fide employer-
employee relationship exists.
 Missionary Visa

Foreign nationals who come to the

Philippines to engage in religious,
charitable, educational, rehabilitation, or
social work.
 Special Non-immigrant Visa
47(A)(2)
Individuals who may be issued such a visa are non-government
officials proceeding to the Philippines.
a. BOI executives, consultants, and specialists
b. Employed in enterprises that have existing agreement/s with the government.
c. Exchange professors, scholars, trainees
d. Volunteers, foreign personnel of international rescue/ and organizations.
e. Approved by the President of the Philippines or by the Department of Justice
(DOJ)
 PEZA Visa

Foreign nationals, to be employed in a Philippine

Export Zone Authority PEZA registered ecozone
location enterprise and their qualified dependents.
 Student Visa
9(f)
Foreign nationals who
are at least 18 years old
and shall take up a
course at a university,
academy or college.
 Special Study Permit
(SSP)

Foreign nationals who do not qualify for a

student visa may still avail themselves of a
Special Study Permit. This is issued for
foreigners who wish to engage in short term,
non-degree courses in the Philippines
 Quota Immigrant Visa (13)

For foreign nationals of countries, which have

diplomatic relations with the Philippines and grant
the Filipinos the same immigration privileges
Non Quota Immigrant Visa by Marriage 13(a)
PROBATIONARY PERMANENT

The 13(a) probationary visa Foreign nationals who have

for foreign nationals on the an existing Probationary Non
basis of their valid Immigrant Visa status valid
marriage to a Philippine for one (1) year may apply
citizen. for permanent residency
prior to the expiry of their
probationary visas.
 Permanent Resident Visa (PRV)
This visa is issued to nationals of countries, which do not
have a formal reciprocity agreement with Philippines, but
which nevertheless grant permanent resident and
immigration privileges to Filipinos.

a. Investments
b. Married to a Filipino or a permanent resident alien.
c. Sons or daughters of a permanent resident alien.
 Temporary Resident Visa (TRV)
Law Instructions No. 33
December 14, 1988
Foreign nationals whose country does not have an
existing reciprocity agreement in the Philippines
and which country does not grant permanent
resident and immigration privileges to Filipinos.
But they have contracted a valid marriage with a
Filipino.
Differences between 13(a), PRV and TRV
1. 13(a) visa
Formal written reciprocity agreement.
2. PRV
Does not require a formal reciprocity agreement in the
issuance of permanent residence and immigration privileges.
3. TRV
Absence of formal reciprocity agreement.
 Non-Quota Immigrant Visa
Former Filipino Citizen Naturalized in a Foreign
Country 13(g)
(Returning Former Natural-Born Filipino Citizens)
Applicants who:
1. were previously natural-born citizens of the
Philippines and;
2. are naturalized citizens of a foreign country.
Special Non-Immigrant Visa under Article 60 of
Executive Order No. 226 as amended by
Republic Act No. 8756

For foreign nationals working

exclusively for the Regional or
Area Headquarters.
 Special Non-Immigrant Visa for Offshore
Banking Unit (OBU)
Applicable for foreign nationals, who are assigned by any foreign
bank to work in its offshore banking unit in the Philippines.
 Special Resident Retiree’s Visa (SRRV)
Philippine Retirement Authority PRA
Foreign nationals and former Filipinos, who
desire to retire in the Philippines.
SRRV Options:

a. SRRV Smile - US$20,000.00

b. SRRV Classic
without pension - US$20,000.00
with pension - US$10,000.00
c. SRRV Human Touch - US$10,000.00
d. SRRV Courtesy - US$1,500.00
e. SRRV Expanded Courtesy -US$1,500.00
Special Investor’s Resident Visa (SIRV)
Board of Investments BOI

Foreigners who invest at least US$75,000 in certain

viable economic investments in the Philippines, may
apply for a SIRVisa with the Board of Investment.
 Investor in a Tourist Related Project
Tourist Establishment Visa
Foreign nationals invest at
least US$50,000.00 in a
tourism-related project or in
any tourist establishment.
 Special Visa to Employment Generation
(SVEG)

Qualified foreign nationals, who shall actually

employ at least ten (10) Filipinos in a lawful and
sustainable enterprise, trade or industry
ECOZONE VISAS
 Special Clark
Ecozone
Foreign nationals, visiting the Clark Ecozone
for business and/or tourism purposes may be
allowed to enter all ports of entry of the Special
Clark Zone.
 Subic Freeport
Zone
The Subic Bay Metropolitan Authority SBMA
is authorized to issue temporary work and
residency visas to qualified foreigners, who
will be employed specifically in the Subic Bay
Freeport.
 Cagayan Economic Zone and Freeport
Working Visa
Cagayan Economic Zone Authority CEZA

Foreigners establish a business enterprise within the

Zone and who maintains capital investment not less
than US$150.000.00.
 Aurora Pacific Economic Zone
and Freeport Authority
APECO
Republic Act No. 9490
2018 Rules and Regulations on APECO Visa, as amended
Types of visa

1. APECO Working Visa (AWV)

2. APECO Dependent’s Visa (ADV)
3. APECO Special Investor’s Visa (ASIV)
4. APECO Permanent Resident Visa (APV) or APECO Special
Resident Visa (ASRV)
Freeport Area of Bataan FAB
formerly the Bataan Export Processing Zone
Republic Act No. 9738

► Foreign nationals who invest US$150,000.00 in a

registered enterprise shall be entitled to an Investor’s
Visa.
► Acquiring permanent resident status, they are entitled
to stay in the Philippines, while their investments
subsist.
OTHER BI DOCUMENTS
ACR I-Card

ID card given to foreigners

with approved immigration
visas
Waiver of ACR I-Card Certificate

A Certificate issued in lieu of an

ACR I-Card.
 ANNUAL REPORT
As mandated under Section 10 of Republic Act No.
562, as amended, also known as “The Alien
Registration Act of 1950”, all registered foreign
nationals shall within the first sixty (60) days of every
calendar year, report in person to the Bureau of
Immigration.
Emigration Clearance Certificate
►An ECC is necessary for foreigners leaving the
country.
 Grace Period of Stay

In cases wherein the working visa application of

the foreigner remains pending with the BI, the
petitioning corporation may request for a grace
period of stay of three (3) months for it’s foreign
employee.
 Downgrading of Working Visa

A foreign national, whose work assignment in the

Philippines has been terminated or he has been
given another foreign assignment needs to convert
his visa status to that of a Tourist.
 BLACKLIST

► A foreigner, whose name is in the BI Blacklist is

disallowed to enter the Philippines.
► Reasons why a foreigner may be blacklisted in the
Philippines:
a. Being an “undesirable alien”
b. Being a threat to public safety.
c. Violators of Philippine laws.
 Violations of Philippine Laws

►Persons not abiding with Philippine Immigration

laws.
►Persons committing criminal acts.
►Black market merchants and profiteers.
PHILIPPINE WORK
PERMITS
 Alien Employment Permit (AEP)
Department of Labor & Employment DOLE

If the Philippine corporation desires to employ a

foreign national, the company is required to apply and
secure a work permit or AEP from the pertinent
DOLE Regional Office.
 Exemptions in Securing an AEP

► As a general rule, a foreign national, who will

be gainfully employed in the Philippines is
required to apply for an Alien Employment
Permit.

► But certain categories of foreigners are exempt

from securing aforesaid work permit.
 Provisional Work Permit (PWP)

A PWP may be issued to a foreign national, who

has commenced employment while his/her
applications for an AEP and working visa are
still pending.
 Special Work Permit (SWP)

A SWP may be granted to a foreign national, who

shall engage in gainful employment such as a
Special Project for a maximum period of six months
only.
DOJ Authority to Employ a Foreign National as
a Technical Consultant
Department of Justice DOJ

When a foreign national is employed in a wholly or

partly nationalized corporation, it is necessary to
secure the Department of Justice’s (DOJ’s) Authority
to Employ the foreign national. Applicable position
is that of a Technical Consultant.
Special Temporary Permit
(STP)
Professional
Regulation Commission
PRC
A STP will be applied for when a
foreigner’s employment in the
Philippines will involve the
practice of a profession regulated
by such government agency.
DEPORTATION
 Definition of Deportation
An act by the authority of the State
of removing a foreigner from the
Philippines.
 Voluntary and Summary
Deportation
► Constitutes an admission of the deportation charges
► Overstaying charges
► Undocumented or expired passport
► Visa of the alien or his passport has been cancelled by
his embassy
Procedure in Deportation
1. Filing of Complaint with the Bureau of Immigration
2. Preliminary Investigation by the Legal Division
3. Determination if there is sufficient evidence to issue a Charge Sheet
4. Upon issuance of Charge sheet, Mission Order by the BI Intelligence Team to be
served to subject foreigner
5. Special Prosecutor will investigate the case
6. Recommendation for either the foreigner’s release or to file a Charge Sheet
7. If the Charge Sheet is filed, the foreigner’s custody is turned over to the Warden in the
BI Warden Facility
8. Foreigner may apply for bail. This is under the discretion of the Immigration
Commissioner
9. Endorsement to the Board of Special Inquiry
10. Draft of Decision by assigned BSI officer
11. For resolution by the BI Board of Commissioners
12. If respondent is found to be guilty of the charge filed against him, Deportation Order
shall be issued against him in the BI Agenda
Specific Grounds for Deportation:
► Unlawful entry and admission into the Philippines
► Conviction for a crime or offense
► Paupers, prostitutes, public charges and vagrants
► Economic saboteurs
► Violators of the conditions and limitations of stay

Administrative Character of Deportation Proceedings.

► Summary in nature and need not be concluded in accordance
with court proceedings.
Effects of Deportation
►A foreigner ordered deportation by the Immigration
Commissioner shall be prevented and/or excluded from entry
into the Philippines.

Deportation Order/Judgment
► Expulsion of the respondent foreigner to the proper country
► Inclusion of the person’s name in the BI Blacklist
Entry Admission Requirement for Deportees.
► Request citing valid reasons for desire to reenter the
Philippines.
► Permission from the BI Board of Commissioners.
► Payment of Immigration fees.
 Watchlist Order
Issued by the Commissioner of Immigration,
immigration personnel at the airports and ports of
entry/departure are required to notify the appropriate
government or law enforcement agency concerned of
the entry or the planned departure of a traveler.
 Precautionary Hold Departure
Order PHDO
Order in writing issued by a court ordering the BI to
prevent any attempt by a person suspected of a crime to
depart from the Philippines.
 Hold Departure Order HDO
Directive that commands the Immigration Commissioner
to prevent a traveler from leaving the Philippines.

An HDO is implemented upon the:

► a. Instruction by the President
► b. Order of the Secretary of Justice
► c. Order by a court of competent jurisdiction
 Allow Departure Order ADO

Directive that allows the traveler to leave the Philippines.

 Cancellation of Visa
An immigration visa, or a passport visa, or a Re-Entry
Permit, obtained by fraud or willful misrepresentation
of fact shall be subject to cancellation by the issuing
officer or by the Board of Commissioners.
CITIZENSHIP
 Definition of Citizenship
A “citizen” is one who, by birth,
naturalization or otherwise is a member of
a state or country and as such is a subject
to the laws and is entitled to the protection
of all his rights.
Correction of Birth Certificate with
respect to Citizenship
► Revisions in the birth certificate, involving the civil status of the
parents of the applicant, their nationality or citizenship, are
considered as important and grave matters. Such circumstances may
have a bearing and effect on the citizenship and nationality of said
parents, but of the applicant as well.

► Under this situation, an appropriate and proper proceeding will need

to be filed in court, wherein the State, to be represented by it’s
authorized agent and all the persons concerned and affected shall be
parties in this court proceeding.
 1935 Constitution
Article IV Sections 1 and 2
Section 1. Citizens of the Philippines
1) Citizens at the time of the adoption of this Constitution.
2) Those born in the Philippines of foreign parents who, before the
adoption of this Constitution, had been elected to public office.
3) Those whose fathers are Filipinos.
4) Those whose mothers are Filipinos and upon reaching the age of
majority, elect Philippine citizenship.
5) Those who are naturalized in accordance with law.
Section 2. Laws of Philippine citizenship
Philippine citizenship maybe lost or reacquired in the manner
provided by law.
 1973 Constitution
Article III Section 1

1) Citizens at the time of the adoption of this

Constitution.
2) Fathers or mothers are Filipinos.
3) Those who elect Philippine citizenship pursuant to
the 1935 Constitution.
4) Those who are naturalized in accordance with law.
 1987 Constitution
Article IV Section 1 Subsections (1) to (4)
1) Citizens at the time of the adoption of this
Constitution.
2) Fathers or mothers are citizens.
3) Those born before January 17, 1973 of Filipino
mothers, who elect Philippine citizenship upon
reaching the age of majority.
4) Those who are naturalized in accordance with law.
Modes of Acquiring Citizenship
Jus sanguinis (Right of blood)

Jus soli (Right of soil)

Naturalization (Renunciation
of the former nationality and
adopting a new citizenship)
 Recognition as a Filipino Citizen
A foreign national, who desires to be
acknowledged as a Filipino citizen, whose father
and/or mother was/were Filipino citizen/s at the
time of the applicant’s birth may apply for
recognition with the Bureau of Immigration,
subject to confirmation by the Department of
Justice.
 NATURALIZATION
This is the act of proceeding by
which a foreign national is granted
citizenship.
 Naturalization Qualifications
1. At least 21 years of age on the hearing date.
2. Resided in the Philippines for a continuous period of
10 years.
3. Good moral character and believes in the principles of
the Philippine Constitution.
4. Must have same known lucrative trade, profession or
lawful occupation.
5. Able to speak and write English and Filipino language.
6. Enrolled his children in Philippine school.
 Naturalization Disqualifications
The following are not qualified to be naturalized as Filipino citizens:
(a) Those opposed to organized government or affiliated with any association
or group of persons who uphold and teach doctrines opposing all organized
governments;
(b) Those defending or teaching the necessity of or propriety of violence,
personal assault or assassination for the success or predominance of their ideas;
(c) Polygamists or believers in the practice of polygamy;
(d) Those convicted of crimes involving moral turpitude;
(e) Persons suffering from mental alienation or incurable contagious diseases.
(f) Persons who have not mingled socially or have not manifested a sincere to
learn Philippine customs traditions of Filipinos.
 Judicial Naturalization
To qualify for Philippine citizenship in a
judicial proceeding, the alien must prove
that he possesses all of the qualifications
and none of the disqualifications.
 Legislative Naturalization
Congress may enact a law conferring
Philippine citizenships to qualified foreigners.
 Citizenship By Marriage
of a Foreign Woman
To a Filipino Male Spouse

A woman foreigner, who is married to a

Filipino national may apply for naturalization
as a Filipino with the Bureau of Immigration.
 Administrative Naturalization
Republic Act No. 9139
Office of the Solicitor General OSG
A Philippine born foreigner can avail of administrative
naturalization if he was born in the Philippines and
residing therein since birth. The applicant must have his or
her primary education in an educational institution duly
recognized by the Department of Education and Culture
DECS.
 Dual Citizenship
Retention and Reacquisition of
Philippine Citizenship
Republic Act No. 9225
REACQUISITION:
1. Natural-born citizens of the Philippines who, after 17 September
2003, became citizens of a foreign country shall reacquire their
Philippine citizenship.
2. The unmarried child, below eighteen (18) years of age, of those who
re-acquired Philippine citizenship.
3. Oath of Allegiance does not renounce alien citizenship.
Restriction for Electoral Candidacy

Natural born Filipinos, who reacquire their

citizenships and seek public office need to
execute a personal and renunciation of any and
all foreign citizenships.
 Citizenship by Election
upon Attaining the Age of Majority

Citizenship by election was applicable under the

1935 Constitution which provided that citizens
whose mother was a Filipino and the father was a
foreigner may elect or choose to become a Filipino
citizen.
 Creation of the Inter-Agency Task Force
IATF Executive Order No. 168

The IATF was created and organized in May 26, 2014 with the
purpose of the management of Emergency Infectious Diseases
(EID) in the Philippines.
 IATF Resolution No. 01 Series of 2020
Management of the Novel Corona Virus
Situation
January 07, 2020 – Chinese health authorities reported that the cause
of the pneumonia outbreak in Wuhan City, China was a new or novel
type of coronavirus (2019-nCOV)

January 27, 2020 – The World Health Organization (WHO) has

classified the risk level of the spread of nCOV infection as very high
in China, high at the region level and high at the global level.
 Suspension of the Issuance and Visa Free
Privileges of Foreign Nationals
The Department of Foreign Affairs DFA suspended the issuance and visa-free privileges to
all foreign nationals and cancelled Foreign Service Posts issued visas effective March 22,
2020.

Exceptions:
► Accredited foreign government and international organization officials and their dependents
► Foreign spouses and children of Filipino nationals
► Foreign airline crew
► Persons, not falling under any of the exemptions may request for a travel ban exemption with
the DFA and IATF.
 IATF Resolution No. 01 Series of 2022
September 05, 2022

The IATF recommended to President Ferdinand Romualdez

Marcos Jr. to issue an Executive Order to liberalize the use of
mask mandates.
 ONE HEALTH PASS

The use of the One Health Pass was adopted and promulgated
on 01 September 2021. This was effective up to 04 December
2022.
 IATF Resolution No. 02 Series of 2022
October 04, 2022

On September 12, 2022, the wearing of masks had been

liberalized by virtue of Executive Order No. 3 issued in 2022.

The IATF recommended to President Ferdinand R. Marcos Jr.

to issue an Executive Order easing travel restrictions for
inbound travelers.
 E-ARRIVAL CARD

The Philippine government launched the eTravel platform, an

online registration system for travelers to the Philippines and
returning residents.

Beginning 02 December 2022, the Health Declaration Checklist

of the Department of Health – Bureau of Quarantine may be
accessed through the etravel.gov.ph
 Promotion of Foreign Investments
Republic Act No. 11647
Amendment of Republic Act No. 7042 known as
the “Foreign Investments Act of 1991”

“Foreign investments shall be conducted based on the principle of

transparency, reciprocity, equity and economic cooperation.”
 Thank You
Dear Participants!