In accordance with Memorandum Order No. MCL-07-021, Chinese nationals who are legally married to a Filipino citizen are eligible to apply for a Permanent Resident Visa (PRV). Furthermore, their children, whether legitimate or illegitimate, are also eligible for a PRV under this memorandum. This policy was duly approved by the Secretary of the Department of Justice (DOJ).
What is a Permanent Resident Visa (PRV) by Marriage?
In the Philippines, a Permanent Resident Visa (PRV) is granted to a foreign national who has an existing Probationary Non-Quota Immigrant (13A) Visa status valid for one (1) year. In this regard, they must present a marriage certificate recognized under Philippine law. They must also provide proof that they do not have any record of derogatory information from local and foreign law enforcement agencies, and certify that they are not afflicted with any dangerous, contagious, or loathsome disease. Furthermore, they shall have a financial capacity to support a family. If already in the Philippines, a valid tourist visa issued by the Bureau of Immigration (BI) is a must.
What are the Benefits of Having a PRV by Marriage?
According to the statistical report of Expatistan, the cost of living in the Philippines is 26% cheaper than in China. Therefore, if the married Chinese and Filipino wishes to reside in the Philippines, the Chinese spouse must obtain a Permanent Resident Visa (PRV) in order to possess the following benefits:
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Multiple Entries. The foreign national’s existing Probationary Non-Quota Immigrant (13A) Visa is valid for one (1) year. Moreover, the conversion from 13A Visa to PRV is valid for five (5) years and can be renewed every five (5) years, which permits its holder to enter and exit the country multiple times.
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Employment Opportunities. The Philippines offers a multitude of work opportunities in different industries to foreign nationals. In this regard, a Chinese spouse can work in the country by obtaining a MCL-07-021 and securing an Alien Employment Permit (AEP) Exemption.
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Property Ownership. Chinese spouses are allowed to own a property in the Philippines, but with some restrictions and limitations on the type of property that they can own. On this matter, it is essential to consult a lawyer or law firm.
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Cultural Immersion. Filipino culture has a mix of Western and Asian influences. They offer various international cuisines, even Chinese food which could help them ease their homesickness. Additionally, English is the second official language in the Philippines, meaning that most of the Filipinos speak it which could prevent a language barrier.
How to Process a PRV by Marriage under Memorandum Order No. MCL-07-021 in the Philippines?
In order for a Chinese national to obtain a Permanent Resident Visa (PRV), they must comply with the following visa application process:
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Fill Out the Form: They are required to fill out the Consolidated General Application Form (CGAF) from either the Bureau of Immigration (BI) office or from their official website.
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Submission of Documents: After filling the application form, they shall submit the necessary documents for pre-screening to the Central Receiving Unit (CRU) or other Immigration offices.
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Pay Fees: They must also pay the required fees and submit a copy of the Official Receipt.
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Attend a Hearing: After the payment, they will be required to attend the hearing.
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Monitor Visa Status: After filing the application, applicants should check the BI’s website to monitor the status of their visa application.
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Submission and Claim: Once approved, they are required to submit their passport for visa implementation and claim their Alien Certificate of Registration Identity (ACR-I) Card.
Furthermore, for visa amendment to Permanent Resident Visa (PRV) application, the Chinese spouse’s previously captured biometric data shall be used in the printing of the renewed ACR I-Card. Additionally, their legitimate or illegitimate child/children are also eligible for a PRV and are called dependents.
What Other Visas Can Foreign Nationals Get in the Philippines?
The Philippines offers various types of visas to foreign nationals, depending on the purpose of their stay. These visas include the following:
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Temporary Visitor (9A) Visa. Non-visa tourists are initially given 30 days upon arrival, and can be extended for initial 29 days.
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Philippine Economic Zone Authority (PEZA) Visa or 47(A)(2). This visa refers to a type of working visa issued by PEZA to foreigners holding executive positions (e.g., Presidents, Vice Presidents, Treasurers, General Managers, or their qualified equivalents) and to non-resident foreigners employed in supervisory and administrative positions by PEZA-registered enterprises.
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Non-Quota Immigrant (13G) Visa. This type of visa is offered to a Filipino citizen’s spouse, their child/children who are under 21 years old, and to natural-born Filipinos returning to the country after acquiring a different citizenship.
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Quota Immigrant (13) Visa. This visa is only available to fifty (50) foreign nationals whose countries have diplomatic relations with the Philippines and offer the same immigration privileges to Filipino citizens.
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Temporary Resident Visa (TRV). This permits foreign nationals whose country does not have a reciprocity agreement with the Philippines, but is married to a Filipino citizen.
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Special Resident Retiree’s Visa (SRRV). This is granted for individuals who wish to retire in the Philippines permanently. It allows its holder to enter and exit the country multiple times. However, the applicant must meet the requirement on minimum deposit investments.
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Special Investor’s Resident Visa (SIRV). This type of visa is offered to foreign nationals who are investing at least US$75,000 or approximately PHP4,405,000.00 in qualified economic activities. It permits its holder an indefinite stay in the country as long as they are maintaining the investment requirements.
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Student (9F) Visa. This visa is available for foreign nationals with a Notice of Acceptance (NOA) from a Philippine Higher Education Institution, confirming that they are qualified to be admitted as foreign students.
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Treaty Trader or Treaty Investor (9D) Visa. This type of visa is offered to foreign nationals who are from the United States, Germany, and Japan. However, they must invest or work in a company that has invested a minimum of US$120,000 or approximately PHP7,000,000.00 and corresponding business volume in the Philippines.
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Pre-arranged Employment (9G) Visa. This visa is granted to foreign nationals employed by Philippine-based companies. To obtain this visa, their Filipino employer must be the petitioner. This visa is valid for one (1) year and may be extended for a maximum of three (3) years.
Need further information and assistance regarding Chinese National Spouse Visa (MCL-07-021)? Talk to our team at Duran & Duran-Schulze Law 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.
