What is a 13a Visa?

A 13a Visa is an immigrant visa given by the Bureau of Immigration to foreign spouse married to Filipinos who have moved to the Philippines. It allows the holder to live and work in the Philippines although there are certain compliances that must be observed.

13a Visa Eligibility

A 13a visa is available for:

• Married to a Filipino A foreign spouse of a Filipino and the marriage must be recognized under Philippine law
• Reciprocity from Foreign Country The foreign spouse must come from a country that also grants immigration and permanent residence rights to Filipinos
• Good moral character Must have clean records with local and international law enforcement agencies
• Health Must pass medical exams to prove good health
• Financial Must be able to demonstrate financial capability

Types of 13a Visas

There are 2 types of 13a visas:

• Probationary For the first year, the 13a visa is granted as a probationary visa which can then be converted to a permanent visa should the visa conditions be met.
• Permanent The permanent visa is granted after the first year, so long as the marriage is still valid and the spouses are able to support themselves.

Applying for a 13a Visa

Applying for a 13a visa has several steps and requirements:

• Gather the 13a visa requirements which include birth certificates, marriage certificates, police and health clearnces and filling up the 13a forms. If dependents are included, you will also need to gather many of the same requirements for them.
• Submission of Application to the Bureau of Immigration and a request to appear for an interivew and picture taking. A processing fee will be levied.
• Issuance of the 13a Visa will be issued

This is a very truncated and expect that it will take a few months to complete, if not half a year.

Rights of a 13a Visa Holder

There are several advantages to having a 13a visa, with the foremost among them the ability to live in the country without interruption so long as the visa is maintained.

• Unlimited Entry and Exit the visa holder can enter or exit the country an unlimited number of times
• Permanent Residency the visa holder can live in the Philippines so long as the visa remains valid
• Ability to work in the Philippines the visa holder may work in the Philippines with the 13a visa without additional work visas

Maintance of a 13a Visa

The maintence of a 13a visa is a little tedious as it requires some compliances, namely:

• Regular Annual Reporting to the Bureau of Immigration within the first part of every year
• Valid Marriage the 13a visa is given to foreigners whose marriage to the Filipino spouse continues to be valid. Thus, a process that ends a marriage such as a legal separation requires an adjustment of status should the foreign spouse still wish to remain in the Philippines.

Annulment or Declaration of Nullity of Marriage in the Philippines is how most marriages in the Philippines end as the country does not have divorce.

Annulment states that a marriage was void from the beginning.

Nullity of Marriage states that a marriage was valid but could be voided.

Both are found in the family code of the Philippines under Chapter 3, from Article 35 to Article 54, and while marriages might be voided due to the lack of formal requisites of marriage, most will be ended through the use of psychological incapacity in Article 36.

Regardless, both end the marriage and have the below effects:

• Legal End to a Marriage Annulment ends the marriage completely allowing each spouse to remarry.
• End of Conjugal Property In Philippine marriages, any property that is acquired by the spouses during the marriage is co-owned by them in absolute community property. When the marriage is ended, the conjugal property regime ends and ex-spouses can buy and own property separately.
• Removal of Spouse as a Compulsory Heir In Philippine Succession Law, spouses are compulsory heirs of each other. When the marriage ends through Annulment or the Declaration of Nullity, the spouses are no longer compulsory heirs of each other.
• Ability to engage in transactions without the approval of the other spouse Several Philippine institutions such as the government and banks will ask that your former spouse approve a transaction if there is only an informal separation. With annulment, the ex-spouses are empowered to act on their own without the approval or signature of the former spouse.

Essentially, annulment ends the marriage and all the legal ties and obligations between the spouses.

However, when the marriage is ended, the basis upon which the 13a visa rests is also removed.

Recognition of Foreign Divorce affects a 13a visa holder in much the same way as annulment as it is an acknowledgement by the Philippine government that the marriage between the parties is legally ended.

Take a situation in which the foreign spouse has immigrated to the Philippines under a 13a visa while his or her Filipino spouse may decide to go back to the foreign country.

If a divorce is filed abroad when one of the parties is a foreign citizen at the time of the divorce, then that divorce can be recognized in the Philippines

The divorce recognition process must be filed in court by a family law attorney.

The case proves that that divorce was validly done according to the foreign law, and requires testimony.

When completed, the case recognizes the divorce by annotating the fact of the divorce on the Philippine Statistics Authority Marriage certificate.

The effects are very similar to annulment.

Thus, its effect on the 13a visa are the same since it removes the basis upon which the 31a visa is granted – namely, the marriage to a Filipino spouse.

As a result, it is always best to work out a legal strategy with a Philippine immigration lawyer so that the transfer from one visa status to another is seamless and so that the entire process remains hassle free.

If an annulment or recogniton of foreign divorce occurs, it is probably best to determine the correct legal strategy for your situation as you work our your change in status with an immigration lawyer and the Bureau of Immigration.

The Bureau of Immigration does not specify a time by which you must report your change in status.

However, because the BI can penalize you for overstaying or being out of status it is really best to work with the immigration authorities and a lawyer to ensure that you have valid stay throughout your entire period in the Philippines.

For immigration purposes, valid stay is incredibly important

The 13a visa can be replaced with other kinds of visas.

As a short term solution, the visa can be converted to a Tourist Visa first while other more long term solutions are worked out.

The following options should be considered :

• 13a visa

• If you have remarried after the annulment, it is possible to apply for a 13a visa again. However, it is important to make sure that your entire stay is valid so it may be necessary to convert to a Tourist visa if there is a gap not covereed by the visas. The process is roughly the same.

• 13g visa

• If the foreign national was a former Filipno who lost citizenship, it may be possible to apply for a 13g visa instead. This can be straightforward, but it is important to check with an immigration lawyer to determine if this is a valid option for you.

• SRRV

• A Retirement visa can be considered and there are several options available, ranging from visas for former diplomats to those investing in property. It is a good option who those who simply want to be a permanent resident in the Philippines and do not wish to immigrate. It can be quite flexible and is much cheaper than options found in other countries.

• 9g

• This working visa can be granted by a Filipino company who has employed you and is willing to sponsor your visa. It will require close coordination with the company as they will be required to submit certain documents but can be a good options for those employed here.

• Naturalization For those who are want to make the Philippines their home, naturalization to become a Filipino citizen is an option. It requires 10 years of residency in the Philippines and is a court case that commences a year after a letter of Intent has been filed at the Office of the Solicitor General. For this, you must have a laywer, since this wil require a court case.

The visa option you choose will depend on your specific circumstances.

Immigration can be a little complicated so I’d strongly urge you to speak with a Philippine immigration lawyer first.

Because Annulment and Recognition end the marriage, they remove the basis upon which the 13a visa status is granted.

Due to that, a foreign spouse who is in the Philippines on a 13a visa needs to determine an immigration strategy should he or she wish to remain in the Philippines. This strategy should be determined as the case is on-going so that an actionable visa strategy is done before the final decree is released by the court.

There are several options, but it is important that an immigration lawyer is

If immigration is desired, then it is possible to investigate legal routes scuh as Naturalization.

If long-term stays are desired, then visas such as a 9g or an SIRV may work for you.

To make sure that you have as many options as possible, it is very important to ensure that your stay in the Philippines is entirely covered by a valid visa.

This way, the Bureau of Immigration will be more inclined to approve any visa you apply for.

1. What steps should be taken after an Annulment or Recognition of Foreign Divorce for a 13a visa holder?

A 13a visa holder must work with a Philippine immigration lawyer to determine a viable legal pathway if an annulment or recognition of foreign divorce is underway. Both these cases formally end a marriage in the Philippines and thus remove the basis upon which a 13a visa is given.

2. Can a 13a visa be renewed post-annulment without remarriage?

Renewing a 13a visa after an annulment without getting remarried is not allowed. This is because the visa is tied to a valid on-going marriage.

3. How does Annulment or Recognition of Foreign Divorce affect children’s visa status in the Philippines?

Children who immigrated to the Philippines as a dependent under a 13a visa should speak to a lawyer regarding their visa status as an Annulment or Recognition of Foreign Divorce case will impact their right to stay in the Philippines. If a viable visa plan is determined early enough, it may be possible to transfer over to another visa so that there is as little disruption as possible.

4. What are the alternatives to a 13a visa post-annulment or post recognition of foreign divorce?

If your 13a visa application is turned down after annulment, consider other options for immigration. You can look into work or SIRV investor visas, 9g work visas, SRRV retirement visas or even naturalization among other options. It’s best to get advice from an immigration attorney early so that a correct solution can be found for your individual circumstances.

5. How can an immigration attorney help in navigating post-annulment or post recognition of foreign divorce visa issues?

An immigration lawyer gives you expert legal advice. They look at how the court decision affects your immigration status. They also help you consider different options for changing your status, ensuring you follow the law.