NEW PHILIPPINE IMMIGRATION LAW CHANGES FOR FOREIGN NATIONALS TO LIVE PERMANENTLY IN THE PHILIPPINES

Summary

The Philippine government is proposing changes to its immigration law, introducing a quota of 200 for 'Kota' immigrants per nationality annually and preference visas for various categories, including professionals with exceptional abilities and family members of naturalized citizens. Non-immigrant visas are also discussed, with provisions for spouses of Filipino citizens and those of Filipino descent. The script covers adjustment of status for non-immigrants to permanent residency, required documents, and conditions for re-entry permits, emphasizing the need for physical and mental health checks and clearance from legal obligations.

Takeaways

• 📜 The Philippines is proposing a new immigration law with significant changes for foreign nationals seeking permanent residency.
• 🔢 A quota of 200 immigrants per nationality per year is proposed, based on immigration reciprocity and allotment by the Commissioner of Immigration.
• 🎓 Preference visas are introduced with four categories: exceptional ability in various fields, parents of naturalized Philippine citizens, spouses or minor children of permanent residents, and parents of permanent residents.
• 🔄 Unused quota for the first preference can be carried over to the second, third, and fourth preferences, but not to the next year.
• 👫 Non-quota immigrant visas are proposed without numerical limitation or reciprocity, including visas for spouses of Philippine citizens and persons of Filipino descent.
• 👶 Special provisions for children born to foreign mothers who are lawful residents of the Philippines, and for children born subsequent to an immigrant visa issuance.
• 🏡 Foreign nationals previously admitted for permanent residence can return to the Philippines without relinquishing their status.
• 👨‍👩‍👧‍👦 Immediate family members of employed foreign nationals with 7 years of permanent resident status are eligible for permanent residence.
• 👶 Native-born children of foreign nationals who are lawful residents are considered native-born permanent residents but not Filipino citizens.
• 📝 Non-immigrants can adjust their status to permanent residents if eligible and a quota immigrant visa is available.
• 🚫 There are restrictions on adjusting status for those who violate immigration laws or have pending legal issues in the Philippines.
• 📚 Required documents for immigrants include valid passports, travel documents, and immigrant visas, with some exceptions for certain categories.
• 🏥 Physical and mental examinations are mandatory for immigrants prior to the issuance of an immigrant visa.
• 🛂 Immigrants must secure a re-entry permit if they plan to leave and return to the Philippines and must have no pending obligations with the government.

Q & A

What is the purpose of the new Philippine immigration law?

The new Philippine immigration law aims to implement changes and updates to the immigration policies, particularly affecting foreign nationals seeking permanent residency in the Philippines.

What are the proposed changes for the quota system under the new law?

The new law proposes that the quota for immigrant visas (Kota) should not exceed 200 for any one nationality in a calendar year, based on immigration reciprocity and allotment by the commissioner of immigration.

What are the four preferences for the implementation of preference visas under the new law?

The preferences are: 1) First preference for individuals with exceptional abilities in sciences, arts, professions, or business; 2) Second preference for parents of a naturalized Philippine citizen; 3) Third preference for spouses or minor children of foreign nationals who are lawful permanent residents of the Philippines; 4) Fourth preference for parents of foreign nationals who are lawful permanent residents of the Philippines.

How will the unused quota for the first preference be handled?

If the first preference quota is not utilized by the end of June each year, it will be carried over to the second, third, and fourth preferences. Any unused quota for the calendar year will not be carried over to the next year.

What are the conditions for a non-immigrant visa to be granted to the spouse of a Philippine citizen?

A non-immigrant visa can be granted to the spouse of a Philippine citizen, but it can be cancelled if the foreign spouse fails to support the Filipino spouse and family, or if there is legal separation or termination of the marriage attributable to the foreign spouse.

Who can apply for permanent residence in the Philippines based on Filipino descent?

A person of Filipino descent, regardless of generation (e.g., having a grandparent or a Filipino parent), can apply for permanent residence in the Philippines.

What is the status of a child born to a foreign mother during her temporary visit abroad if the mother is a lawful resident of the Philippines?

The child, if accompanied by or coming to join the mother who applies for admission within 5 years from the birth, can also apply for permanent residence in the Philippines.

What are the conditions for adjusting the status of a foreign national on a non-immigrant visa to a permanent resident?

A foreign national on a non-immigrant visa can adjust to a permanent resident status if they apply for such adjustment, are eligible to receive a Kota or non-immigrant visa, and are admissible to the Philippines as a permanent resident with a visa immediately available at the time of application.

What are the instances when a foreign national may not be able to adjust their status?

A foreign national may not be able to adjust their status if they have violated immigration laws, rules, and regulations, unless the violation is without their fault or for purely technical reasons. Also, if they are a transient or a registered foreign national who failed to return to the Philippines within one year, they may lose their status.

What are the required documents for immigrants applying for admission into the Philippines?

Immigrants must present valid passports or travel documents showing their nationality and identity, and valid immigrant visas indicating the date of issue and period. In some cases, immigrant visas may not be required, such as for children born subsequent to the issuance of a valid immigrant visa to the accompanying parent.

What additional requirements must immigrants meet before the issuance of an immigrant visa?

Immigrants must pass a physical and mental examination prior to the issuance of an immigrant visa, in accordance with the rules of the commissioner of immigration.

What are the conditions for a foreign national to secure an immigration clearance if they plan to leave the Philippines?

To secure an immigration clearance, a foreign national must have no pending obligations with the government or its agencies, no ongoing criminal, civil, or administrative proceedings requiring their continued presence in the country, and not be involved in an ongoing legislative inquiry where they are called upon to testify as a witness.