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June 1, 2022

WHO MAY BE ADMITTED AS NON-IMMIGRANT UNDER THE PHILIPPINE IMMIGRATION ACT OF 1940?

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Published — May 18, 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.

After learning about NON-IMMIGRANT UNDER PHILIPPINES IMMIGRATION ACT OF 1940, read also: MAY FOREIGN NATIONALS WHO HAVE NOT SERVED IN THE PHILIPPINES BE ELIGIBLE TO APPLY FOR SPECIAL RESIDENT RETIREE’S VISA?

  • A temporary visitor coming for business or for pleasure or for reasons of health may be admitted in the Philippines as a non-immigrant

  • Non-immigrants must present for admission into the Philippines their unexpired passports

  • A passport visa shall not be granted to an applicant whose entry into the Philippines would be contrary to the public safety

Who may be admitted as non-immigrants in the Philippines?

The law says:

Aliens departing from any place outside the Philippines, who are otherwise admissible and who qualify within one of the following categories, may be admitted as non-immigrants:

  1. A temporary visitor coming for business or for pleasure or for reasons of health;
  2. A person in transit to a destination outside the Philippines;
  3. A seaman serving as such on a vessel arriving at a port of the Philippines and seeking to enter temporarily and solely in the pursuit of his calling as a seaman;
  4. A person seeking to enter the Philippines solely to carry on trade between the Philippines and the foreign state of which he is a national, his wife, and his unmarried children under twenty-one years of age, if accompanying or following to join him. This is on the condition that citizen of the Philippines under similar conditions are accorded like privileges in the foreign state of which such person is a national;
  5. A person previously lawfully admitted into the Philippines for permanent residence, who is returning from a temporary visit abroad to an unrelinquished residence in the Philippines; and
  6. A student, having means sufficient for his education and support in the Philippines, who is at least fifteen years of age and who seeks to enter the Philippines temporarily and solely for the purpose of study at a school or other institution of learning approved for such alien students by the Commissioner of Immigration.

Before the above-mentioned aliens may be admitted in the country, they must present their unexpired passports or official documents in the nature of passports issued by their county, or other travel documents showing their origin and identity as prescribed by regulations, and valid passport visas granted by diplomatic or consular officers.

Is there an instance where a passport or documents in the nature of passports are not required to be presented for admission?

The law says:

Yes.

The following aliens need not present a passport:

  1. A child qualifying as a non-immigrant, born subsequent to the issuance of the passport visa of an accompanying parent, the visa not having expired; and
  2. A seaman.

Finally, please take note that a passport visa shall not be granted to an applicant who fails to establish satisfactorily his non-immigrant status or whose entry into the Philippines would be contrary to the public safety.


Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.

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