BI Memorandum Circular No. RADJR-12-019 Consolidated Assessment and Payment Guidelines and Procedures

October 16, 2012

BI MEMORANDUM CIRCULAR NO. RADJR-12-019

PRESCRIBING THE IMPLEMENTING GUIDELINES AND PROCEDURES IN THE PROCESSING OF CERTAIN APPLICATIONS COVERED BY MEMORANDUM CIRCULAR NO. RADJR-2012-015 DATED 08 JUNE 2012

PURSUANT TO Section 3 of Commonwealth Act No. 613, otherwise known as the "Philippine Immigration Act of 1940", as amended, in relation to Memorandum Circular No. RADJR-2012-015, dated 08 June 2012, the following are hereby ordered promulgated, thus:

PART I

General Provisions

SECTION 1. Short Title. — These guidelines and procedures shall be known as the "Consolidated Assessment and Payment Guidelines and Procedures" of the Bureau of Immigration.

SECTION 2. Scope. — These guidelines and procedures shall govern the processing by the concerned administrative and operating offices of the Bureau of Immigration of the applications covered by Memorandum Circular No. RADJR-2012-015, dated 08 June 2012, and grouped as follows:

A. Group I — (Board of Commissioners [BOC] and Special Visa for Employment Generation [SVEG] matters)

1. Conversion to Immigrant Visa under Section 13 of Commonwealth Act No. 613, as amended;

2. Conversion to and Amendment of Immigrant Visa under Section 13 (a) of Commonwealth Act No. 613, as amended, and Inclusion of Dependents in the Sec 13 (a) Visa of the principal visa holder;

3. Conversion to Immigrant Visa under Section 13, paragraphs (b), (c), (e) and (g) of Commonwealth Act No. 613, as amended, and Inclusion of Dependents in the Sec. 13 (b), (c) and (g) Visa of the principal visa holder;

4. Conversion to and Extension of Temporary Resident Visa (TRV) under Law Instructions No. 33, dated 08 June 1988;

5. Conversion to TRV of a Family Member/Dependent Foreign National under Memorandum Order No. ADD-02-015;

6. Conversion to Permanent Resident Visa (PRV) under Memorandum Order No. MCL-007-21, dated 14 December 2007, and Memorandum Order No. MCL-08-003, dated 29 January 2008;

7. Conversion to and Extension of Non-Immigrant Visa under Section 9, paragraphs (d) and (g) under Commonwealth Act No. 613, as amended, and Inclusion of Dependents in the 9 (g) and 9 (d) Visa of the principal visa holders; and

8. Conversion to Special Visa for Employment Generation (SVEG).

B. Group II — (Non-BOC matters)

1. Conversion to and Extension of Non-Immigrant Visa under Section 9, paragraph (f) under Commonwealth Act No. 613, as amended;

2. Conversion to and Extension of Non-Immigrant Visa under R.A. 8756 (Regional Operating Headquarters) and P.D. 1034 (Offshore Banking Units) (ACR I-Card optional);

3. Issuance of Visa Upon Arrival (VUA); and

4. Issuance and Extension Special Work Permit (SWP) or Special Study Permit (SSP).

C. Group III — (Board of Special Inquiry [BSI] matters)

1. Cancellation of Alien Registry by Reason of Election, Marriage, Judicial/Administrative Naturalization;

2. Recognition as a Filipino Citizen; and

3. Affirmation of Recognition as a Filipino Citizen.

D. Group IV — (Tourist Visa Extension)

1. Extension of Authorized Stay of Temporary Visitors under Section 9 (a) of Commonwealth Act No. 613, as amended.

SECTION 3. Construction. — These guidelines and procedures shall be construed liberally in favor of speedy and inexpensive determination of the merit of every application; Provided that, in no case shall the requirements of national sovereignty, internal security, national economy and family solidarity be compromised.

SECTION 4. Effect of Failure to Comply. — Non-compliance of Memorandum Circular No. RADJR-2012-015 and/or the guidelines set forth in this Circular shall be a ground for the dismissal or denial of the application.

PART II

Documentary Requirements, General Instructions and Consolidated General Application Form (CGAF)

SECTION 5. Documentary Requirements. — All applications covered by this Circular shall strictly comply with the required documents prescribed in the Checklist of Documentary Requirements for each application. Provided that, the Registration Officer/Hearing Officer may require additional documents that are necessary and essential for the processing of the visa and ACR I-Card application.

SECTION 6. Consolidated General Application Form (CGAF). — All applicants shall accomplish the required appropriate CGAF in accordance with the General Instructions.

PART III

Procedures in the Processing of Applications

SECTION 7a. Procedures in the Processing of Applications under Group I (BOC Matters Except SVEG). —

1. The filer shall secure the appropriate CGAF and checklist of required documents at the Public Information and Assistance Unit (PIAU) or from the Bureau's website (www.immigration.gov.ph).

2. Filing of the CGAF in two (2) original copies, together with all the required documents for visa and ACR I-Card application at the designated counter of the Central Receiving Unit (CRU). Required documents for visa application shall be attached on the right-hand side portion of the applicant's folder while required documents for ACR I-Card application on the left-hand side portion.

PIAU shall advise the filer to accomplish a pro-forma amendment form for amendments of nationality, date of birth, civil status, address, inclusion of other name/s or lost ACR I-Card.

3. At the CRU, the Evaluator shall conduct a review of the completeness in form only of the CGAF and the required documents as prescribed in the checklists. If the application is found complete and in order, the Evaluator shall forthwith cause the verification of applicant's derogatory records; otherwise, the Evaluator shall return the application outright to the filer advising him/her of its deficiency/ies. The CRU-assigned ARD Registration Officer shall review the completeness of the ACR I-Card application and check payments for annual report fee, re-registration fee and the like.

4. In case no derogatory record exists, the Assessor shall issue a system-generated Order of Payment Slip (OPS) containing the particulars of filing/application fees, certification fees, implementation fees, ACR I-Card fees, Express Lane Fees and other assessments. In case a derogatory record exists, the Evaluator shall return the application to the filer.

5. The filer shall pay the amount indicated in the OPS within the date of its issuance or not later than 8:00 o'clock in the morning of the succeeding business day. In case the OPS is not paid within the prescribed period, such OPS is deemed cancelled and the filer shall request for a re-assessment and issuance of an updated OPS.

6. The filer shall ensure that he/she is issued a system-generated Official Receipt (OR) evidencing full payment and particulars of the fees paid. Such OR shall likewise contain the following:

a. Notice of Hearing;

b. Hearing Date/s;

c. Assigned Hearing Officer;

d. Date and venue of Biometrics Data Capturing which must coincide with the date of hearing, if applicable; and

e. Tentative date of visa implementation.

7. The CRU shall attach a copy of the OR to the applicant's folder. The CRU shall be responsible in the correct encoding of applicant/s' and petitioner's information as indicated in the CGAF, passport and required documents.

8. On the appointed date/s of hearing, the applicant/s and his/her/their petitioner's duly authorized representative, if applicable, shall personally appear before the designated Hearing Officer.

a. For visa conversion application, the Hearing Officer shall advise the applicant to submit the ACR I-Card application to the designated Biometric Capturing Counter of the ARD. The Biometric Capturing Counter shall be responsible in giving the ACR I-Card claim stub to the applicant.

b. In case of visa extension application, the biometric data previously captured shall be used in the printing of the renewed ACR I-Card. Provided that, applicants aged ten (10) years and below shall have their biometric and image captured every extension of visa. Provided further that, applicants aged eleven (11) years and above shall have their biometric and image captured every after five (5) years.

c. For visa extension/amendment application that include other name (e.g., a.k.a. name), the Hearing Officer shall advise the applicant to submit the ACR I-Card application to the Fingerprint Section for manual capturing of fingerprints. The Chief, Fingerprint Section shall certify on the pro-forma amendment form that the applicant is the same person as the one in the previous record. Thereafter the applicant shall return the ACR I-Card application to the Hearing Officer.

9. The Hearing Officer shall prepare the appropriate Order on the application and submit the same to his/her Chief for evaluation, and thereafter to the Executive Director for inclusion in the agenda of the Board of Commissioners (BOC).

10. Upon visa implementation, the Office of the Executive Director shall give the ACR I-Card claim stub to the applicant and immediately forward the following documents to ARD for ACR I-Card processing:

a. A copy of the BOC approved Order;

b. Required documents for the ACR I-Card application; and

c. Official list of implemented visa.

ARD shall verify the said official list using the viewing module and on the basis thereof, electronically disable the previously issued ACR I-Card. The ARD shall prepare and transmit an official list of ACR I-Card application for printing to the Commissioner for his approval and order to print. Thereafter, the Commissioner's Office shall immediately transmit the approved order to print to Datatrail Corporation. In case of disapproval of the application, the Executive Director shall cause the issuance of a notice of such disapproval to the concerned applicant/s.

11. The new/renewed ACR I-Card shall be released by the Office of the Executive Director to the applicant/s or his/her/their duly authorized representative. For visa extension/amendment application, the previously issued ACR I-Card must be surrendered to the Office of the Executive Director prior to the release of the renewed ACR I-Card.

12. The Office of the Executive Director shall be responsible in transmitting the whole application records to Records Section.

SECTION 7b. Procedures in the Processing of Applications under Group I (SVEG). — The guidelines and procedure prescribed in Section 7a, particularly from paragraph (1) to (8) thereof, shall apply to the processing of applications under Group I (SVEG). Subsequent thereto, the following procedure shall be observed:

1. Within the prescribed period after the last scheduled date of the hearing, the Hearing Officer shall prepare the appropriate Order on the application and submit the same to the Chief, SVEG One-Stop Shop Facility (SVEG-OSSF), and thereafter to the Commissioner-in-Charge, SVEG-OSSF for final approval and implementation. In case of disapproval of the application, the Commissioner-in-Charge, SVEG-OSSF shall cause the issuance of a notice of such disapproval to the concerned applicant/s.

2. Upon visa implementation, the Chief, SVEG-OSSF shall give the ACR I-Card claim stub to the applicant and immediately forward the following documents to ARD for ACR I-Card processing:

a. A copy of the approved Order;

b. Required documents for ACR I-Card application; and

c. Official list of implemented visa.

The procedure prescribed in Section 7a, paragraph 10 shall apply to the processing of ACR I-Card applications.

3. ACR I-Card shall be released by the Office of the Executive Director to the applicant/s or his/her/their duly authorized representative.

4. The Office of the Chief, SVEG-OSSF shall be responsible in transmitting the whole application records to Records Section.

SECTION 8. Procedures in the Processing of Applications under Group II. —

1. The filer shall secure the appropriate CGAF and checklist of required documents at the Public Information and Assistance Unit (PIAU) or from the Bureau's website (www.immigration.gov.ph).

2. Filing of CGAF together with the required documents for the visa and ACR I-Card application if applicable at the designated counter of the Student Desk for 9F Visa application and Special Study Permit, and at the CRU for all other visa applications under this Group.

Public Information and Assistance Unit (PIAU) shall advise the filer to accomplish a pro-forma amendment form for amendments of nationality, date of birth, civil status, address, inclusion of other name/s or lost I-Card.

3. At the Student Desk/CRU, the Evaluator shall conduct a review of the completeness of the CGAF and the documentary requirements as prescribed in the checklists. If the application is found complete and in order, the Evaluator shall forthwith cause the verification of applicant's derogatory records; otherwise, the Evaluator shall return the application outright to the filer advising him/her of its deficiency/ies. The Student Desk-assigned ARD Registration Officer shall review the completeness of the ACR I-Card application and check payments for annual report fee, re-registration fee and the like.

4. In case no derogatory record exists, the Evaluator shall cause the issuance by the authorized Assessor of a system-generated Order of Payment Slip (OPS) containing the particulars of filing/application fees, certification fees, implementation fees, ACR I-Card fees, Express Lane Fees and other assessments. In case a derogatory record exists, the Evaluator shall return the application to the filer.

5. The filer shall ensure that he/she is issued a system-generated Official Receipt (OR) evidencing full payment and particulars of the fees paid. Such OR shall likewise contain the Schedule of Biometrics Capturing, if applicable, as well as the date and venue of biometrics data capturing.

6. After payment, the Student Desk/CRU shall attach a copy of the OR to the applicant's folder. The Student Desk/CRU shall be responsible in the correct encoding of applicant/s' and petitioner's information as indicated in the CGAF, passport and required documents.

7. On the scheduled date of biometrics capturing indicated in the OR, the applicant/s shall proceed to the designated Biometric Capturing Counter of the ARD. The Biometric Capturing Counter shall be responsible in giving the ACR I-Card claim stub to the applicant.

In case of visa extension application, the biometric data previously captured shall be used in the printing of the renewed ACR I-Card. Provided that, applicants aged ten (10) years and below shall have their biometric and image captured every extension of visa. Provided further that, applicants aged eleven (11) years and above shall have their biometric and image captured every after five (5) years.

8. After evaluation of the application, the concerned BI officer shall prepare the proper Order and submit the same to the Commissioner or his duly authorized representative within the prescribed period for approval or any other appropriate action.

9. For 9F visa approved application, the Student Desk shall prepare an official list of implemented visa. Such list together with the entire records shall be immediately forwarded to ARD for ACR I-Card processing.

10. The procedure prescribed in Section 7a, paragraph 10 shall apply to the processing of ACR I-Card. In case of disapproval of the application, the concerned BI officer shall cause the issuance of a notice of such disapproval to the concerned applicant/s.

11. For approved Special Study Permit and Special Work Permit, the concerned BI officer shall forward the ACR I-Card application to Datatrail Corporation for the printing of ACR I-Card.

12. The new/renewed ACR I-Card shall be released by the concerned BI officer to the applicant/s or his/her/their duly authorized representative. Previously issued ACR I-Card must be surrendered prior to the release of the renewed ACR I-Card.

SECTION 9. Procedures in the Processing of Applications under Group III. —

1. Filing of the application letter-request, together with all the required documents at the designated counters of the Central Receiving Unit (CRU).

2. At the CRU, the Evaluator shall conduct a review of the completeness in form only of the application and required documents as prescribed in the checklist. In case the application is found complete and in order, the Evaluator shall forthwith cause the verification of applicant's derogatory records; otherwise, the Evaluator shall return the application outright to the filer.

3. In case no derogatory record exists, the Evaluator shall cause the issuance by the authorized Assessor of a system-generated Order of Payment Slip (OPS) containing the particulars of filing/application fees, certification fees, Department of Justice (DOJ) fees, implementation fees, Express Lane Fees and other assessments due for such application.

4. Immediately upon the release of the OPS, the filer shall pay the amount indicated in the OPS to the BI authorized collecting officer within the date of its issuance or not later than 8:00 o'clock in the morning of the succeeding business day. In case the OPS is not paid within the prescribed period, such OPS is deemed cancelled and the filer shall request for a re-assessment and issuance of an updated OPS.

5. The filer shall ensure that he/she is issued a system-generated Official Receipt (OR) evidencing full payment and particulars of the fees paid. Such OR shall likewise contain the Notice of Hearing indicating therein the Hearing Officer and hearing date/s.

6. The CRU shall attach a copy of the OR to the applicant's folder.

7. On the appointed date/s of hearing, the applicant/s and his/her/their petitioner shall personally appear before the designated Hearing Officer.

8. Within the prescribed period after the last scheduled date of hearing, the Hearing Officer shall prepare the appropriate recommendation, Order and Endorsement to the DOJ on the application and submit the same to his/her Chief for evaluation, and thereafter to the Commissioner for appropriate action.

9. If the application is approved by the Commissioner, the entire application records shall be forwarded to the DOJ for affirmation. In case of disapproval of the application by the Commissioner, the concerned BI officer shall cause the issuance of a notice of such disapproval to the concerned applicant/s.

10. Upon receipt of the affirmation from the DOJ, the Alien Registration Division (ARD) shall implement the Order and issue the appropriate Identification Certificates to the applicant/s. In case of non-affirmation by the DOJ, the concerned BI officer shall cause the issuance of a notice of such non-affirmation to the concerned applicant/s.

11. Release of the Identification Certificate to the applicant.

SECTION 10. Procedures in the Processing of Applications under Group IV. —

1. The filer shall secure the appropriate CGAF and checklist of required documents at the Public Information and Assistance Unit (PIAU) or from the Bureau's website (www.immigration.gov.ph).

2. Filing of the appropriate CGAF, together with all the documentary requirements at the designated counters of the Visa Extension by the applicant or through his/her duly authorized representative.

3. If the application is found complete and in order, the Assessor shall forthwith cause the verification of applicant's travel and derogatory records; otherwise, the Assessor shall return the application outright to the filer.

4. In case no derogatory record exists, the Assessor shall issue a system-generated Order of Payment Slip (OPS) containing the particulars of filing/application fees, certification fees, ACR I-Card fees (if applicable), implementation fees, Express Lane Fees and other assessments due for such application.

6. The filer shall ensure that he/she is issued a system-generated Official Receipt (OR) evidencing full payment and particulars of the fees paid.

7. Approval of the applied extension and printing of the ACR I-Card (if applicable).

8. Implementation of the extension in the applicant's passport and release of passport and ACR I-Card (if applicable).

PART IV

Other Provisions

SECTION 11. Mandatory Implementation and Registration. — All applications covered by Memorandum Circular No. 2012-015 and approved upon the effectivity of this Circular shall be implemented by the Executive Director, Alien Registration Division and other concerned offices without delay. Once approved by the Board of Commissioners or by the Commissioner or his duly authorized representative, no office/personnel except the Verification and Compliance Division shall require the submission of additional documents for the implementation of the approved visa.

SECTION 12. Additional Guidelines. — The Commissioner may issue supplemental guidelines whenever warranted aimed in furthering the purposes of Memorandum Circular No. RADJR-2012-15 and this Circular.

SECTION 13. Supercession Clause. — All circulars, memoranda, orders, instructions and other issuances that are inconsistent herewith are deemed repealed, amended and/or modified accordingly.

SECTION 14. Effectivity. — This Circular shall take effect after fifteen (15) days from its publication in two (2) newspapers of general circulation.

Let copies of this Memorandum Circular be furnished to the BI Resident Auditor of the Commission on Audit (COA) and filed with the Office of the National Administrative Register (ONAR), U.P. Law Center, University of the Philippines, Diliman, Quezon City.

City of Manila, Philippines.

(SGD.) RICARDO A. DAVID, JR.CommissionerBureau of Immigration

ATTACHMENT

Process Flow Group I: BOC Matters

Process Flow Group II: Non-BOC Matters

Process Flow Group III: BSI Matters

Process Flow Group IV: Tourist Visa Extension