AT A GLANCE:
Section 50(j) of Commonwealth Act No. 613 or the Philippine Immigration Act of 1940 states that the term “immigrant” means any alien departing from any place outside the Philippines destined for the Philippines, other than a nonimmigrant.
Who is an immigrant?
Section 50(j) of Commonwealth Act No. 613 or the Philippine Immigration Act of 1940 states that the term “immigrant” means any alien departing from any place outside the Philippines destined for the Philippines, other than a nonimmigrant.
Who May Be Admitted as Immigrants?
Under Section 13 of Commonwealth Act No. 613, immigrants may be admitted into the Philippines as quota immigrants or non-quota immigrants.
Quota immigrants are subject to the numerical limitations provided by law. On the other hand, the law identifies certain classes of immigrants as non-quota immigrants, who may be admitted without regard to such numerical limitations.
What Documents Must an Immigrant Present Upon Entry?
Section 15 of Commonwealth Act No. 613 states that immigrants must present for admission into the Philippines unexpired passports or official documents in the nature of passports issued by the governments of the countries to which they owe allegiance or other travel documents showing their origin and identity as prescribed by regulations, and valid immigration visas issued by consular officers, except that children born subsequent to the issuance of the immigration visa or a reentry permit in case of children born abroad during the temporary visit abroad of their mothers as provided for in paragraph (c) of Section Thirteen of this Act the immigration visa or reentry permit not having expired, and returning residents as referred to in Section Thirteen (f) hereof, present unexpired reentry permits as provided for in section twenty-two of this Act, shall not be subject to these documentary requirements.
The provision further requires proof of the mother’s pregnancy before the appropriate consular or immigration authority before a child may be exempted from the documentary requirements.
How Is an Immigration Visa Applied For?
The form and manner of applying for an immigration visa and the form and validity of such immigration visa shall be established by regulations. (Section 16 of Commonwealth Act No. 613)
When May an Immigration Visa Be Denied?
Under Section 17 of Commonwealth Act No. 613:
“No immigration visa shall be issued to an immigrant if the consular officer knows from statements in the application therefor or from the papers submitted therewith or otherwise has reason to believe that the immigrant is inadmissible into the Philippines under the immigration laws.”
Thus, the issuance of an immigration visa is subject to the applicant’s admissibility under Philippine immigration laws.
What Is Required Before a Quota Immigrant May Be Issued an Immigration Visa?
An immigration visa shall not be issued by a consular officer to an immigrant whose admission into the Philippines is subject to the numerical limitations imposed by section thirteen of this Act until the consular officer shall have received from the Commissioner of Immigration the allotment of a quota number to be placed upon the visa for the immigrant. (Section 18 of Commonwealth Act No. 613)
Are There Preferences in the Allotment of Quota Numbers?
Yes. Section 19 of Commonwealth Act No. 613 provides that in allotting quota numbers, the Commissioner of immigration 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 and residing therein. Such preference shall be accorded only upon petition made therefor under regulations prescribed by the Commissioner.”
What About Prearranged Employment?
Under Section 20 of Commonwealth Act No. 613, a passport visa for a nonimmigrant referred to in Section 9(g) who is coming to prearranged employment shall not be issued by a consular officer until the consular officer has received authorization for the issuance of the visa. Such authorization shall be given only upon a petition filed with the Commissioner of Immigration establishing that no person can be found in the Philippines willing and competent to perform the labor or service for which the nonimmigrant is desired and that the nonimmigrant’s admission would be beneficial to the public interest. The petition shall be made under oath by the prospective employer or his representative and shall contain the information and supporting documents required by law and regulations.
May an Immigration Visa Be Cancelled?
Yes. Section 23 of Commonwealth Act No. 613:
“An immigration visa, or a passport visa, or a Reentry Permit, obtained by fraud or willful misrepresentation of fact shall be subject to cancellation by the issuing officer or by the Board of Commissioners.”
Accordingly, an immigration visa, passport visa, or reentry permit obtained through fraud or willful misrepresentation of fact may be cancelled by the issuing officer or by the Board of Commissioners.
Read also: Who is a non-resident alien?
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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 09175772207/ 09778050020.
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