Marriage between a Filipino and a foreigner is a beautiful expression of love despite the cultural differences. Based on the Philippine Statistics Authority (PSA) report, 15,929 marriages were between Filipinos and foreign nationals.
However, unlike in fairytales, a happily ever after story doesn’t just end at marriage. In reality, there are ups and downs that you and your spouse may face, and in some cases, these challenges become the reason to end the marriage through annulment or divorce.
Other than going through court for annulment or divorce, you are required to downgrade your spouse visa to a Philippine visa that suits the purpose of your stay, if you still wish to live in the country.
What is a Spouse Visa?
A spouse visa, also known as a 13A visa, is a type of Philippine visa issued to foreign nationals who are married to a Filipino citizen, allowing them to live permanently in the country. It is also issued to their unmarried child/children who are below twenty-one (21) years old.
Rights of a Spouse Visa Holder in the Philippines
As a spouse visa or 13a visa holder, you have the following privileges in the Philippines:
- Permanent Residence. You are granted to live in the Philippines permanently, given that the marriage is maintained.
- Employment Opportunities. Having a spouse visa not only allows you to live in the country permanently, but it also gives you an opportunity to work. Another great advantage of this is that you will not be required to secure an Alien Employment Permit (AEP). This permit is usually required for foreign employees in the Philippines, allowing them to work for one (1) to three (3) years, depending on their employment contract.
- Business Opportunities. If you are planning to establish a business, you can own 100% of your company under the Foreign Investment Act (FIA), unless the type of your business industry is listed in the Foreign Investment Negative List (FINL). For businesses engaged in domestic market activities, you may own 40% while the remaining 60% is owned by Filipino citizens.
- Investment Opportunities. The Philippines is one of the fastest-growing economies in Southeast Asian countries, making it an ideal country for both foreign and local investors. It is expected to reach 6.0% in 2025 and 6.1% in 2026.
- Property Ownership. Foreign nationals are allowed to own 40% of property in the Philippines, while the remaining 60% must be owned by Filipino citizens. Since you are married to a Filipino, you will be listed as the co-owner in the land title.
Ways to Maintain a Spouse Visa in the Philippines
To maintain your spouse visa, your marriage with your Filipino spouse must remain valid. Therefore, when you and your spouse get separated, annulled, or divorced, you must downgrade your spouse visa into an applicable visa to stay legally in the Philippines.
Additionally, you are required to submit an annual report to the Bureau of Immigration (BI) within the first sixty (60) days of the calendar year or from January 1st until March 1st of the year. Its purpose is to verify your legal status and compliance with immigration law.
Legal Grounds for Annulment in the Philippines
In order to file a petition for annulment, any of the following grounds must be considered:
- If one or both of the parties were underage and lacked parental or guardian consent at the time of marriage. However, if both individuals reach the age of twenty-one (21) and decide to continue the marriage, this ground may no longer be applicable for annulment;
- If either party was of unsound mind;
- If either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable;
- If either party has a psychological incapacity to comply with the essential marital obligations caused by a psychological disorder;
- If one party agreed to the marriage due to deceit or false information provided by the other party;
- If the consent of one party was obtained by force, intimidation or undue influence; or
- If either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable.
Impact of Annulment on a Spouse Visa
Annulment is the legal process of declaring a marriage null and void. It allows both parties to remarry since their previous marriage will be considered unrecognized.
The following are the impacts of annulment on your spouse visa or 13a visa:
- Revocation of 13-A Visa. Once the petition for annulment has been granted, the marriage is no longer valid. Hence, the Alien Spouse 13-A Visa is revoked, and the foreign spouse may be required to either leave the country or apply for another type of visa.
- Visa Downgrade. Since you and your Filipino spouse legally ended the marriage, you will be required to downgrade your spouse visa to an applicable visa depending on the purpose of your stay.
- Required for an AEP. If you are employed in the Philippines, you must secure a work visa and a work permit.
- End of Conjugal Property. In the Philippines, all properties owned by both spouses, both before and during marriage, are considered shared property. However, when the marriage ends through annulment, the conjugal property regime ends.
- Removal of Compulsory Heir. During the marriage, your spouse is considered your compulsory heir, meaning they will be entitled to a certain portion of your estate or legitime. However, when the marriage ends, your spouse isn’t considered your compulsory heir.
- Spouse Consent. In some cases, government institutions and banks will require your spouse’s approval. Due to annulment, this no longer applies since it not only ends the marriage but also all the legal ties and obligations between each other.
Legal Grounds for Recognition of Foreign Divorce Decree
There are two (2) legal grounds to file for divorce abroad:
No-Fault Divorce
A no-fault divorce is when the marriage ends with neither spouse being the reason. In this case, the reason would be considered as “irreconcilable differences,” and neither party is required to specify the nature of these differences.
Fault-Based Divorce
A fault-based divorce requires either of the parties to provide sufficient evidence, depending on the reason for divorce:
- If one or both parties commit adultery or engages in a sexual relationship with another person or people outside the marriage;
- If either of the party abandons their spouse physically and emotionally for a long period of time;
- If one of the parties has an aggressive behavior toward their spouse, including threatening and abusing their spouse;
- If one of them has convicted to a crime and sentenced to imprisonment; or
- If one or both spouses is diagnosed with a mental health issue by a medical professional.
Impact of Recognition of Foreign Divorce Decree on a Spouse Visa
While divorce is not recognized in the Philippines, a bill to legalize it has been proposed to Congress, but has yet to be enacted into law. A foreign spouse who initiated the divorce shall be validly obtained abroad to grant the Filipino spouse the capacity to remarry under Philippine law, provided that the divorce is judicially recognized by a Philippine court. A petition for Recognition of Foreign Divorce shall be filed before the Regional Trial Court (RTC) in the Philippines by a Filipino national who has been divorced abroad to seek recognition of the foreign divorce decree.
A foreign divorce decree is a legal process to end a marriage between a Filipino citizen and a foreign citizen. This is not applicable if both spouses are Filipino citizens, even if they got divorced abroad.
Here are the following impacts of divorce on your spouse visa or 13a visa. Although the effects of foreign divorce recognition in the Philippines on a Spouse or 13a Visa are similar to the effects of annulment.
- Revocation of 13-A Visa. Once the petition for annulment or the foreign divorce decree has been recognized in the Philippines, the marriage is no longer valid. Hence, the Alien Spouse 13-A Visa is revoked, and the foreign spouse may be required to either leave the country or apply for another type of visa.
- Visa Downgrade. You must downgrade your spouse visa to an applicable visa, depending on the purpose of your stay, if you still wish to remain in the country.
- Revocation of AEP Exclusion. If you secured this, you should also apply for the cancellation.
- End of Conjugal Property. All properties owned by both spouses before and during marriage are considered shared property. However, when the marriage ends through divorce, the conjugal property regime also comes to an end.
- Removal of Compulsory Heir. Your spouse is considered as your compulsory heir. This means that they will be the owner of your property when you pass away. However, your spouse isn’t considered your compulsory heir when the marriage ends.
- Spouse Consent. Some transactions with the government institutions and banks require your spouse’s approval. But if your marriage ends through divorce, this requirement no longer exists since all the legal ties and obligations between you and your spouse are no longer applicable.
Requirements for Spouse Visa Downgrade in the Philippines
A divorced or annulled foreign spouse may apply for the reversion of their immigration visa to continue to stay legally in the Philippines. Below are the required documents when processing a visa downgrade in the Philippines:
- Formal letter addressed to the BI Commissioner stating the reason/s for downgrading
- Applicant’s address and contact information must be indicated in the letter request, if filed by the applicant
- Duly authorized representative’s address and contact information must be indicated in the letter request, if filed by the accredited travel agency, law office, consultancy firm, congregation, or petitioning company
- Proof of filing of the annulment, petition for recognition of divorce, or decision
- Photocopy of passport bio-page, front and back portions of ACR I-Card, if applicable, visa implementation and latest admission with valid authorized stay
For more information, you may refer to the attached Checklist of Documentary Requirements for Downgrading of Visa.
How to Downgrade Your Spouse Visa in the Philippines
To downgrade your spouse visa in the Philippines, follow these procedures:
- Seek Visa Assistance. Getting visa assistance from a service provider is advantageous. They can assist you in preparing the required documents and provide solutions in case any issues arise along the way. With their expertise, they can guide you through your visa application, ensuring a successful outcome.
- Prepare and Submit the Requirements. Prepare all the documents needed to be submitted at the Bureau of Immigration (BI) main office or regional office near you.
- Pay the Fees. Settle your fees to complete your application. Once paid, the immigration officer will issue an Order of Payment Slip. Ensure to keep a copy for your records.
- Wait for Approval. Once all requirements are submitted and all necessary fees are settled, wait for the BI to process your application. The overall processing time may vary, depending on the complexity of the application, the specific visa category, and the current workload of BI. If you have a visa assistance, they will monitor and follow up on the application on your behalf with the BI.
- Issuance of New Visa. If your application has been approved, you must present your valid passport for the stamping of your new visa. Don’t forget to claim your passport with the new visa stamp. Please note that if you are leaving the country, you must obtain an Emigration Clearance Certificate (ECC).
Consequences of Failing to Downgrade Your Spouse Visa in the Philippines
Whether your marriage with your Filipino spouse ended through annulment or divorce, downgrading your spouse visa or 13a visa is required. By downgrading your visa, the immigration will issue a visa that suits the purpose of your stay in the Philippines.
Failure to comply with this can lead to immigration consequences such as overstaying, deportation, blacklist order, order to leave, and complications on your future visa application.
If you are facing any of these consequences, you must consult with a lawyer to be guided with the legal remedies.
Philippine Visa Options Available for Foreigners
You don’t have to worry if you need to downgrade your spouse visa since there are a lot of available visa options for you to legally stay in the country, such as:
- Temporary Visitor Visa (9A) is mainly known as a Tourist Visa or Non-Immigrant Visa. It is issued to foreign nationals who are visiting the Philippines for tourism, business, or medical purposes. Foreign nationals are initially given a minimum of thirty (30) – day period to stay in the country upon arrival, and a maximum of fifty-nine (59) days, depending on the foreign tourist’s country of origin, and can be renewed if they wish to stay longer in the country.
- Pre-arranged Employment Visa (9G) is also known as a Work Visa, which is issued to foreign workers in the country. This visa is categorized into two (2): Commercial and Non-Commercial employment. Its validity usually depends on your employment contract. Please note that you will also be required to secure a work permit, such as the Alien Employment Permit (AEP), along with your work visa to legally work and stay in the Philippines.
- Special Investor’s Resident Visa (SIRV) is exclusively given to foreign investors, allowing them to live in the country permanently, given that their investment requirements are maintained.
- Special Resident Retiree’s Visa (SRRV) is also known as the Retirement Visa. This is only offered to former Filipino citizens and foreign nationals who wish to spend their retirement journey in the Philippines. This allows them to live permanently in the country, given that they meet at least one (1) of the SRRV program’s requirements.
- Spouse Visa (13A) is issued to foreign spouses of Filipino citizens. If you have remarried a Filipino citizen after your annulment or foreign divorce from your previous spouse, you are still entitled to obtain this visa.
Need further information and assistance regarding Visa Downgrade? Talk to our team at Duran & Duran-Schulze Law in BGC, Metro Manila, Philippines, to know more about the requirements and process. Call us today at (+632) 8478 5826 or +63 917 194 0482, or send an email to info@duranschulze.com for more information.
