Finding a new home on Philippine soil

QUALIFIED foreign nationals may apply to become permanent residents of the Philippines. Under Section 13 of the Philippine Immigration Act of 1940 (PIA), as amended, immigrants not exceeding 50 of any one nationality or without nationality for any one calendar year may be admitted into the Philippines. They are called “quota immigrants.” Quota-immigrant or permanent-resident status is granted to them upon proof of investment in the Philippines of at least $40,000, or possession of special qualifications or skills which have advanced or will advance the national interest of the Philippines.

The PIA, likewise, provides for certain classes of foreign nationals who may be granted immigrant or permanent-resident status without regard to such numerical limitation. They are referred to as “nonquota immigrants.” Examples of who could qualify as nonquota immigrants are: (a) the spouse or unmarried child under 21 years of age of a Philippine citizen, if accompanying or following to join such citizen; (b) a woman who was a citizen of the Philippines and who lost her citizenship because of her marriage to an alien or by reason of the loss of Philippine citizenship by her husband, and her unmarried child under 21 years of age, if accompanying or following to join her; or (c) a natural-born citizen of the Philippines who has been naturalized in a foreign country, and is returning to the Philippines for permanent residence, including his spouse and minor unmarried children.

Under the Foreign Service Code of 1983, the Department of Foreign Affairs (DFA) draws up a list of countries which grant permanent-residence and immigration privileges to Filipinos, and countries whose nationals fall under the category of “restricted nationals” for reasons of national security. This list is updated periodically. Countries not on the list do not grant permanent residence and immigration privileges to Filipinos. Hence, under the principle of reciprocity, nationals of these countries are also not granted such privileges in the Philippines. On the other hand, for reasons of national security, restricted nationals are not granted permanent-residence and immigration privileges in the Philippines.

In Foreign Service Circular (FSC) 241-97, issued in 1997, only 40 countries were listed among those that grant permanent-residence and immigration privileges to Filipinos. In January 2000 the DFA issued FSC 15-00, updating/amending FSC 241-97, to include France and Italy in the list, and, therefore, whose nationals may avail themselves of the same privileges in the Philippines on the basis of reciprocity.

However, in recognition of the need to give substance to the policies deeply enshrined in our Constitution—particularly the upholding of the sanctity of family life and protecting and strengthening the family as a basic, autonomous social institution, without disregarding the principle of reciprocity and the interests of national security—the Philippines makes a concession. Nationals of countries which do not reciprocally grant permanent residence and immigration privileges to Filipinos, and restricted nationals for reasons of national security, who are the spouses or unmarried children under 21 years of age of Filipino citizens, may be granted temporary resident visas, valid for an initial probationary period of one year and renewable for periods not exceeding three years at a time.

Indian and Chinese nationals were long considered high-risk or restricted nationals. However, recognizing that many Indian and Chinese (from the People’s Republic of China, or PROC) nationals are, in fact, reputable businessmen who have significantly invested and transacted business in the Philippines and contributed to our economy, the Bureau of Immigration (BI) issued Memorandum Circular MCL-07-003 on September 28 , 2007, delisting Indian and Chinese (PROC) nationals from the “high-risk/restricted” category and reclassifying such nationals to the “visaed” and/or “visa required” category.

The PROC and Korea were not among the countries which grant permanent residence and immigration privileges to Filipinos. Thus, as a matter of policy, PROC and Korean nationals were also denied such privileges by the Philippine government.

On the basis of an official communication from the PROC Embassy in the Philippines to the BI dated October 17, 2007, which stated, among others, that the PROC, in fact, issues permanent-resident visas to all aliens who meet their qualifications, including Filipino nationals, the BI issued Memorandum Order MCL-07-021 on December 14, 2007. In the interest of reciprocity, qualified Chinese (PROC) citizens may now be granted permanent resident visas under Section 13 of the PIA.

Likewise, the BI issued Memorandum Circular MCL-08-03 dated January 29, 2008, allowing qualified Korean nationals to be granted permanent resident visas under Section 13 of the PIA. This was in response to an official communication from the Embassy of Korea dated  January 21,  2008, stating that Korean laws and regulations allow Filipinos to acquire Korean citizenship and permanent- residence privileges, and requesting that permanent-resident visa privileges be extended to Korean nationals based on reciprocity.

There may still be other countries which the Philippines has not officially recognized as having laws granting permanent-residence and immigration privileges to Filipinos. For these countries and their respective nationals, something may be learned from the recent recognitions in favor of the PROC and Korea. Nationals of countries not yet on the list may prove to Philippine authorities that their country, in fact, grants permanent-residence and immigration privileges to Filipinos, and, therefore, there is basis for them to request the same benefits for their citizens. In view of the Philippines’ current policy of forging good political and economic relations with other nations of the world, the request would most likely be granted.

Of course, the grant of permanent-resident (quota immigrant or nonquota immigrant) visas is still subject to the terms and conditions set forth in Section 13 of the PIA, and the proper application, submission of required documents and payment of immigration fees as prescribed by the BI. However, the procedures and requirements for visa applications are now streamlined under the New Rules and Procedures for VIMS (Visa Issuance Made Simple). After all, any approved and implemented visa is always subject to continuing challenge and may be revoked or canceled any time, upon showing in an appropriate proceeding that the conditions of the visa granted were violated. The settled rule is that the entry or stay of aliens in the Philippines is merely a privilege and a matter of grace; such privilege is neither absolute nor permanent and may be revoked on grounds and in the manner provided for by the Constitution, the PIA and other pertinent administrative issuances.

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Atty. Elma Christine R. Leogardo (er.leogardo@cvclaw.com) is a senior partner in the Corporate and Commercial Law Department of the Villaraza Cruz Marcelo and Angangco Law Offices (web site: www.cvclaw.com) and also heads its Immigration Department and Retainer Department. Her areas of legal practice include immigration, corporate and commercial law, mergers and acquisitions and project development. She earned her Bachelor of Laws degree from the University of the Philippines College of Law in 1984. 

Disclaimer:

This article has been prepared for informational purposes only and should not be treated as legal advice.

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