Published — May 20, 2021
The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
More on immigrants in this article: WHO MAY BE ADMITTED AS NON-IMMIGRANT UNDER THE PHILIPPINE IMMIGRATION ACT OF 1940?
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Immigrants must present for admission into the Philippines their unexpired passports
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Children born subsequent to the issuance of the valid immigration visa of an accompanying parent shall not be subject to documentary requirements
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An immigration visa obtained by fraud shall be subject to cancellation by the issuing officer
Who are immigrants?
The law says:
The term “immigrant” means any person who is not a citizen of the Philippines departing from any place outside the Philippines destined for the Philippines, other than a non-immigrant.
Before entering the country, immigrants must present for admission into the Philippines unexpired passports or official documents in the nature of passports issued by their country or other travel documents showing their origin and identity. They must also present their valid immigration visas issued by consular officers. However, the passport or relevant official document shall not be required from children born subsequent to the issuance of a valid immigration visa of an accompanying parent.
In case the consular office knows from statements in the application or from the papers submitted and has a reason to believe that the immigrant is inadmissible to the Philippines under the immigration laws, an immigration visa shall not be issued.
In issuing an immigration visa for quota immigrants, the Commissioner of Immigration (Commissioner) shall accord preference to immigrants who are the fathers and mothers of Philippine citizens who are twenty-one years of age or over, and the wives, husbands, and unmarried children under of twenty-one years of age, of aliens lawfully admitted into the Philippines for permanent residence. Such preference shall be accorded only upon petition made for the purpose under the rules and regulations prescribed by the Commissioner.
On the other hand, a non-quota immigration visa for an immigrant who is coming to prearranged employment shall not be issued by a consular officer until the consular officer shall have received authorization for the issuance of the visa. The authorization shall be given only on petition filed with the Commissioner establishing that no person can be found in the Philippines who is willing and competent to perform the labor or service for which the immigrant is desired and that the immigrant’s admission would be beneficial to the public interest.
Please take note that an immigration visa or a passport visa obtained by fraud or willful misrepresentation of fact shall be subject to cancellation by the issuing officer of the Board of Commissioners.
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding illegal dismissal, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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