Consolidated Implementing Guidelines on the Entry and Stay of Foreign Students in the Philippines Pursuant to Executive Order No. 285, S. 2000

October 19, 2017

IACFS JOINT MEMORANDUM ORDER NO. 01-17

 

In accordance with Executive Order (EO) No. 285 dated September 4, 2000, "Amending the Guidelines Governing the Entry, and Stay of Foreign Students in the Philippines" and in line with the Inter-Agency Committee on Foreign Students' (IACFS) effort to further streamline all rules and procedures governing foreign students in support of the government's policy to promote Philippines as a center for education in the Asia and Pacific.

Thus, the IACFS hereby adopts the following consolidated implementing Guidelines, for information and compliance of all concerned:

1. Coverage:

1.1 These Guidelines shall cover only foreign nationals who do not possess Philippine citizenship, and who seek temporary stay in the Philippines for the sole purpose of taking up higher education at HEIs duly authorized to admit foreign students who are at least eighteen (18) years of age at the time of enrollment and have sufficient means to support their studies. (Sec. 1.A, EO 285)

2. HEIs Authorized to Admit Foreign Students:

2.1 Only HEIs with programs accredited by the Federation of Accrediting Agencies of the Philippines (FAAP) or with equivalent accreditation by the Commission on Higher Education (CHED) shall be authorized to admit foreign students (FS) by the Bureau of Immigration. Please refer to the attached BI Form 2014-02-006 on the Checklist of Requirements for School Accreditation.

2.2 At regular intervals, preferably by end of March, an updated list of HEIs authorized to admit FS shall be issued by CHED in consultation with BI. Copies of the list shall be furnished the BI, Department of Foreign Affairs (DFA), National Bureau of Investigation (NBI), National Intelligence Coordinating Agency (NICA), and the schools authorized to admit FS. (Sec. 1.B, EO 285)

2.3 HEI authorized to admit FS shall establish a Foreign Student Unit (FSU) within its organization which shall be tasked to:

a. act as an official transacting body of the HEI with the IACFS member agencies;

b. employ a regular/permanent Liaison Officer who must be accredited by BI and who shall act as conduit for all applications and submissions of documents required of accepted FS, including the stamping of actual dates of receipts/release on receiving copies for transparency and records purposes. The HEI shall likewise employ necessary personnel proportionate to its allowed FS population;

c. assist the FS in obtaining the necessary alien documentations;

d. submit reports pursuant to Item No. 11 (Monitoring and Reporting) hereof to the CHED Regional Offices and BI Student Visa Section copy furnished NICA, NBI and DFA;

e. receive all financial payables from accepted FS and issue official receipts for in connection with authorized school fees and program-related expenses; CAIHTE

f. provide assistance to FS to find a suitable housing/residential and other related services, if necessary; and

g. launch information campaigns to solicit and receive applications directly from prospective foreign students, if necessary. The HEIs, for these purposes, may seek the assistance of the DFA and the Department of Tourism (EO 285 Page 3rd paragraph).

2.4 HEIs authorized by BI and duly recognized by CHED to admit FS shall comply with all the government regulations as required by law in the admission of FS. Failure to comply with this provision shall be a ground for withdrawal or cancellation of authority to admit FS.

3. Acceptance of FS in Authorized HEIs:

3.1 An applicant for the collegiate level/Bachelor's degree must be eligible to enroll in college.

3.2 The applicant shall comply with the HEI's institutional requirements by submitting the following documents:

a. A notarized affidavit of support including bank statements or notarized notice of grant for institutional scholars to cover expenses for the FS' accommodation and subsistence, as well as the school dues and other incidental expenses;

b. Scholastic records duly authenticated by the Philippine Foreign Service Post located in the student applicant's country of origin or legal residence;

c. Photocopy of data page of the student's passport showing the date and place of birth, and birth certificate or its equivalent duly authenticated by the Philippine Foreign Service Post located in the student applicant's country of origin or legal residence. (Sec. 1.B, par. 5, p. 3, EO 285)

d. Police Clearance/Report

3.3 The red-ribboned/authenticated documents of validly enrolled FS shall become part of the permanent record of the student and shall be kept in the school files.

3.4 The HEI, after having satisfactorily evaluated the FS' submissions of the documentary requirements enumerated in the preceding paragraph, shall issue a Notice of Acceptance/Admission (NOA) to the student and submit a duplicate copy thereof to the DFA, with a certified true copies of the CHED's Certificate of Eligibility for Admission (CEA), when necessary, especially for those who desire to enroll in Medicine and Dentistry, and the above-cited documentary requirements.

3.5 The HEI shall secure from BI for derogatory check prior to endorsement of a foreign national to DFA for issuance of visa.

3.6 The DFA shall endorse the said documents to the Philippine Foreign Service Post located in the student's country of origin or legal residence for the issuance of the Student Visa after validating the student's identity and admissibility under existing DFA regulations. (Sec. 1.B, 2nd par., p. 4, EO 285)

4. Admission Entry of Foreign Students pursuant to the Philippine Immigration Act of 1940, as Amended:

4.1 For foreign nationals still abroad applying for 9(f) student visa

4.1.1 Foreign nationals presently residing and living abroad who desire to travel to the Philippines to take up an academic program higher than high school in an HEI authorized and approved to accept FS shall secure a 9f visa from the Philippine Foreign Service Post with jurisdiction in their country of origin or place of legal residence prior to their departure.

4.1.2 The Philippine Foreign Service Post shall require the FS to appear in person before the Consular Officer for interview and compliance with additional consular requirements:

a. Original copy of the HEI's NOA containing a clear impression of the HEI's dry seal;

b. Original copy of the CEA issued by CHED if enrolling in Medicine or Dentistry;

c. Police clearance issued by the national police authorities in the student's country of origin or legal residence, authenticated by the Philippine Foreign Service Post having consular jurisdiction thereat; and

d. Medical certificate issued by an authorized physician including, but not limited to, standard-size chest x-ray, and Hepatitis B clearance.

4.1.3 The Consular Officer shall not assume the task of determining the student's scholastic fitness for the program applied for and shall issue the student's visa as soon as all the requirements are complied with.

4.1.4 A notice of visa issuance shall be furnished by the DFA to the HEI concerned, the CHED, BI, NBI and NICA as soon as it receives a report to this effect from the issuing Post. (Sec. 1.C, p. 4, EO 285)

4.1.5 Upon arrival in the Philippines, the foreign nationals whose application for Student Visa was approved and issued at the Philippine Foreign Service Post of their country of origin or legal residence, shall register, within seven (7) days from date of arrival in the Philippines, report to:

a. HEI which issued the NOA for purposes of enrollment and to assess the FS' competency level and establish his/her scholastic comparative equivalence, when necessary, and

b. BI Student Visa Section for registration and processing of ACR I-Card application upon submission and compliance with all the documentary requirements prescribed in the Checklist of Requirements for Registration of Foreign Students with Philippine Foreign Service Post Issued Student Visa 2 (Immigration Memorandum Circular No. SBM-2015-007, Article II, Sec. 2)

4.2 For Foreign Nationals still abroad applying for 9(a) (Temporary Visitor's Visa) with the intention to convert to 9(f) admission status.

4.2.1 In addition to the mandated requirements for a 9(a) Temporary Visitor's Visa:

 In compliance with the Section D, Paragraph 6 of the Executive Order 285, foreign nationals who are applying for a 9(a) Temporary Visitor's Visa at Foreign Service Posts with the intention of studying in the country shall be required to submit the following requirements:

a) Police clearance issued by the national police authorities in the student's country of origin or legal residence, authenticated by the Philippine Foreign Service Post having consular jurisdiction thereat; DETACa

b) Medical certificate issued by an authorized physician including, but not limited to, standard-size chest x-ray, and Hepatitis B clearance, authenticated by the Philippine Foreign Service Post having consular jurisdiction thereat;

c) Scholastic records duly translated and authenticated; and

d) Affidavit of support duly translated and authenticated.

5. Change/Conversion of Admission Status of Foreign nationals already in the Philippines:

5.1 Authorization for conversion from 9(a) (Temporary Visitor's Visa) to 9(f) Student Visa and issuance of Special Study Permit (SSP) shall be allowed upon compliance with the requirements of Immigration Memorandum Circular No. SBM-2015-007, BI Form V-NI-00 Rev 0 "Conversion to Student Visa," to wit:

a. He/she is at least eighteen (18) years of age;

b. He/she has the means sufficient for his/her education and support in the Philippines;

c. He/she seeks to enter the country temporarily and solely for the purpose of taking up a course of study higher than high school at a university, seminary, academy, college or school accredited to accept foreign students by the BI;

d. He/she does not belong to any class of excluded foreign nationals nor any ground for deportation exist against him/her under Sections 29 and 37 of Commonwealth Act No. 613, as amended; and

e. He/she and the admitting HEI have submitted and complied with all the documentary requirements prescribed in the Checklist of Documentary Requirements for Conversion to Student Visa.

5.2 The concerned HEI and the Inter-agency Members shall provide assistance to the foreign nationals who are already in the country under any valid visa arrangement and who apply/petition for the conversion of their status to 9f student visa or for the issuance of a Special Study Permit provided all relevant pre-requisites are complied with, and provided further, that safeguards to national security concerns/interests are adequately and appropriately undertaken by all concerned agencies.

5.3 The foreign national shall submit the following documentary requirements to the BI Student Visa Section, through the HEI-FSU Liaison Officer who will hand-carry the same under a cover letter typewritten on the HEI's official stationery, signed by the School Registrar and stamped with the HEI's official dry seal.

a. Written indorsement from the HEI for the change/conversion of the admission status of the foreign national to that of a student with the following documentary requirements:

i. Joint letter request addressed to the Commissioner from the authorized representative of the petitioning school and applicant, using the school letterhead with dry seal;

ii. Duly accomplished CGAF (BI Form CGAF-003-Rev0);

iii. Photocopy of passport pages bearing the bio-page, latest admission with valid authorized stay and Bureau of Quarantine stamp;

iv. Original copy of the NOA bearing a clear impression of the HEI's official dry seal;

v. Endorsement addressed to the Commissioner from the school for the conversion of the applicant's status, signed by the School Registrar with official dry seal;

vi. Original copy of the CEA issued by the CHED for Medicine and Dentistry students;

vii. CHED endorsement for transfer and shifting of course, if applicable;

viii. Police clearance issued by the National Police Authorities in the FS' country of origin or legal residence duly authenticated by the Philippine Foreign Service Post having consular jurisdiction thereat for FS who resided in the Philippines for less than 59 days. However, for FS who resided in the Philippines for more than 180 days at the time he/she applies for the change/conversion of admission status to that of a student, he/she shall submit an NBI clearance;

ix. Photocopy of BI school accreditation ID of the registrar or school representative; and

x. BI Clearance Certificate.

5.4 The BI Student Visa Section, upon finding that the documentary requirements are complete and in order and after payment of the required filing fee, shall recommend to the BI Commissioner the issuance of an order changing/converting the admission status of an alien from Temporary Visitor's Visa category to that of a Student Visa. After payment by the FS of the conversion fee, visa fee and implementation fee, the Student Visa Section will implement the approved conversion in the applicant's passport. (Ibid. p. 2)

5.5 The FS shall then report to the Alien Registration Division for the issuance of ACR and CRTS upon payment of all corresponding immigration fees and other charges. (Ibid. p. 2)

5.6 The FS' authorized period of stay shall be consistent with the length of the degree program to which he/she has been admitted by an accredited HEI. Upon conversion, the initial validity of the Student Visa is one (1) year from the date of issuance without change of school, extendible by the SVS every one (1) year thereafter until such time that the FS completes his/her studies consistent with the length of the program. (Immigration Memorandum Circular No. SBM-2015-007, Art. II, Sec. 4)

6. Extension of Period of Stay:

6.1 To qualify for Student Visa extension, the admitting school and foreign student shall submit and comply with the applicable documentary requirements prescribed in the Checklist of Documentary Requirements for Extension of Student Visa 3 (SBM-2015-007 Article II, Section 3):

i. Joint letter request addressed to the Commissioner from the applicant and the authorized representative of the petitioning school, stating that the applicant qualifies for the application, with the school letterhead and dry seal;

ii. Duly accomplished CGAF (BI Form CGAF-003-Rev 0);

iii. Photocopy of passport bio page, visa implementation page and latest admission with valid authorized stay;

iv. Copy of latest Transcript of Records or Certificate of Grades for two (2) previous semesters and certificate of enrolment for the coming semester, signed by the Registrar with seal;

v. Honorable Dismissal or Certificate of Transfer Credential from previous school, in case of transfer;

vi. CHED endorsement, in case of shifting of program and/or transfer of school;

vii. Original copy of the CEA issued by the CHED for Medicine students for FS graduated from Pre-Medical program;

viii. Photocopy of BI school accreditation ID of the registrar or school representative;

ix. NBI Clearance; and

x. BI Clearance Certificate. aDSIHc

6.2 The FS shall pay the required extension fee, express lane fee, and legal research fee for annual extension of stay as a student.

6.3 The BI shall conduct derogatory record verification on the FS for every request for extension of stay (Ibid. pp. 2-3)

7. Downgrading of Student Visa: (Immigration Memorandum Circular SBM-2015-007, Article II, Sec. 6)

7.1 Upon petition/application by the admitting HEI or the foreign student and subject to the submission of all supporting documents prescribed in the Checklist of Documentary Requirements for Downgrading of Student Visa, 4 the foreign student's Student Visa shall be downgraded to Temporary Visitor's Visa upon confirmation that he/she:

a. Graduated or finished the degree program in the HEI for which he/she was admitted;

b. Failed to satisfy the grading/scholastic requirements of the admitting HEI;

c. Failed to timely extend his/her Student Visa; or

d. Has an expired Student Visa.

8. Exemptions:

8.1 The following foreign nationals shall be exempted from securing Student Visa or SSP:

8.1.1. Tertiary enrolment in Philippine HEIs of the spouses and unmarried dependent children below twenty-one (21) years old of:

a. A permanent foreign resident;

b. Foreign nationals with valid working visa under Sections 9 (d), 9 (g) and 47 (a) (2) of Commonwealth Act No. 613, as amended;

c. Personnel of foreign diplomatic and consular missions residing in the Philippines;

d. Personnel of duly accredited international organizations residing in the Philippines;

e. Holders of Special Investor's Resident Visa (SIRV) and Special Retiree's Resident Visa (SRRV);

f. Foreign students coming in the Philippines with 47(a)(2) visas issued pursuant to existing laws, e.g., Pres. Decree No. 2021; and

g. Refugees and stateless persons (under Section 47b) duly approved by the Department of Justice (DOJ).

8.1.2 This privilege is also extended to the principals who may wish to take advantage of the educational facilities in the country.

8.1.3 Children of the above-mentioned admission categories who are already enrolled before their marriage and/or before reaching twenty-one (21) years of age shall be allowed to finish their studies and convert their admission category to that of Student Visa for as long as their principals remain in the country.

8.1.4 Spouses and children of personnel of foreign diplomatic and consular missions and duly accredited international organizations located in the Philippines who desire to remain in the Philippines to enroll for the first time or finish their studies higher than high school and under prescribed regulations, shall be allowed to convert their admission category to that of Student Visa in accordance with the applicable procedure, in the event their principals lose their admission category as Foreign Government Official. The privilege is extended to the principals who may wish to take advantage of the educational facilities in the country.

9. Transfer of FS to Another HEI:

9.1 Transfer of a FS to another HEI may be allowed only after one (1) year residency period, subject to evaluation and compliance with the requirements and existing guidelines, provided further that HEI transfer shall be done only twice within the duration of the same degree program.

9.2 No HEIs shall accept a FS whose authorized period of stay in the Philippines has expired. The HEI is duty bound to report the information to the BI, copy furnished the CHED Central/Regional Office concerned.

9.3 If the FS has only one (1) year left to finish his/her study and is expected to graduate at the end of that academic year, he/she shall not be allowed to transfer to another HEI, except for a cause.

9.4 A FS who is qualified to transfer to another HEI needs to secure a CHED clearance/endorsement for the BI. The clearance/endorsement will be issued by CHED upon receipt of the request supported by the following documents which are all certified true copies, submitted by the HEI-FSU Liaison Officer and provided further that the same shall not be withheld for unjustifiable cause, viz.:

a. Official endorsement and NOA from the accepting HEI indicating the quota number;

b. Transfer Credentials from the HEI where the FS is currently enrolled in/studying at;

c. Certificate of Good Moral Character;

d. Transcript of Records;

e. Letter of Intent and reason for the transfer of the FS; and

f. Photocopy of Passport and ACR of the FS.

9.5 The HEI shall provide any eligible student who applies for transfer with transfer credentials appropriate for admission in another institution, subject to the latter's policies and regulations on the admission of transfer students.

9.6 The transfer credential must be signed by the School Registrar, and issued not later than two (2) weeks after the filing of the application for transfer. Likewise, the transfer credential shall be transferred by the school last attended only once to the admitting HEI requesting for the said record.

9.7 The CHED endorsement shall be issued by the Office of Student Development and Services (OSDS) or authorized CHEDROs within five (5) working days upon receipt of the request with complete supporting documents.

10. Shifting of FS to Another Degree Program:

10.1 A FS shall be allowed to shift or change his/her degree program of study only once for the entire duration of his/her stay in the country.

10.2 The application to shift/change degree program of study shall be allowed if the shift/change will not violate the allowable period of stay of the FS in the country.

10.3 Similar to the request for transfer to another HEI, a FS who intends to shift/change his/her degree program needs to secure a CHED clearance/endorsement to the BI. The CHED clearance/endorsement will be issued by the CHED through the OSDS or authorized CHEDROs within five (5) working days from receipt of the request supported by certified true copies of the following documents submitted by the HEI-FSU Liaison Officer, viz.:

a. Official endorsement from the HEI;

b. Letter of Intent and reason of the FS to shift/change higher education program of study; and

c. Photocopy of the Passport and ACR of the FS.

11. Completion of Degree Program by FS:

11.1 As a general rule, a FS who has graduated or completed the degree program he/she enrolled in and has the desire to take a post degree course, e.g., Masters or PhD, shall submit a NBI Clearance and CHED endorsement as additional requirements in extending the 9(f) visa. In cases when FS wishes to take another undergraduate/Bachelor's degree after completing one, he/she shall be advised to leave the country following the guidelines for downgrading of student visa (with order to leave). He/she shall be assisted by the HEI to facilitate his/her exit clearance with the BI. ETHIDa

11.2 A FS who graduated from a pre-medical program in the Philippines and intends to pursue medical/dental proper shall be allowed to enroll and extend his/her period of stay subject to compliance with these guidelines.

12. Monitoring and Reporting

12.1 A regular monitoring activity shall be conducted by CHED in coordination with other concerned government agencies, to assess and evaluate the implementation and compliance of FS and HEIs with EO 285.

12.2 HEIs shall regularly submit the following reports on foreign students to the BI, copy furnished the CHED through CHEDROs, NBI and NICA, viz.:

a. Enrollment report within forty-five (45) days from the start of classes, containing the names of the FS who were accepted in the HEI and the program/s the FS is/are enrolled in including those who have been accepted but failed to enroll; (In EO 285 — 45 days after commencement of classes every semester)

b. Names of FS who have been accepted but failed to enroll shall be reported within 30 days after enrolment has ceased;

c. Monthly status report with emphasis on whoever is/are missing, transferred or dropped from the rolls, and/or with derogatory record as may be deemed necessary; (In EO 285 page 2 — or with derogatory record, page 6)

d. Report to be submitted at the end of each term on those who failed to take the examinations and those with deficiencies, including those who have completed their courses; and

e. In case of requests for Student Visa extension, a report on promotions shall be submitted within 30 days after such approval. (Sec. 1.E, p. 6, EO 285)

12.3 CHED OSDS shall consolidate the reports submitted through CHEDROs. A consolidated copy shall be given to BI, DFA, NBI and NICA. The information drawn from the aforementioned reports submitted by concerned HEIs shall form part of the monitoring system on the activities of foreign students. (IACFS Memorandum Order No. 1, s. 2000)

12.4 Spot inspection visits shall be jointly conducted by CHED, BI and DFA (IACFS Memorandum Order No. 1, s. 2001)

12.5 Visits shall be done only once in an HEI periodically to verify the authenticity of documentary and other requirements. No inspection of facilities shall be undertaken. Only in the event of problems like visa requirement/violations and upon invitation as resource person/speaker in seminars and/or workshops, shall extra visits be done. (IACFS Memorandum Order No. 1, s. 2001)

12.6 Non-compliance by HEIs to submit the above-mentioned reports shall be a ground for the cancellation by CHED and BI of their authority to accept FS. (Ibid.)

12.7 NICA and NBI will check, whenever necessary, the activities of FS brought to their attention which appear to be inimical to national security. (Ibid.)

12.8 Criminal complaints filed against the FS shall be referred to the NBI for investigation and appropriate action. Likewise, BI shall investigate, apprehend and prosecute, whenever necessary, FS who are not complying with Philippine immigration laws and regulations, which may be a ground for the cancellation of the Student Visa and deportation of the FS concerned. (Section 1.E, p. 6, EO 285)

12.9 The IACFS shall convene regular meetings for updates and progress in the assessment of the foreign students' programs; request representatives from other agencies and/or the private sector to attend meetings, whenever necessary; and submit to the Office of the President a semi-annual (before end of September and February) report on the status of FS in the country.

12.10 The CHED shall serve as Secretariat of the IACFS.

13. Restrictions: (SBM 2015-007, Article IV, Sec. 2)

13.1 No HEI shall accept any foreign national to enroll or allow him/her to commence to study without a validly issued Student Visa or SSP. No foreign national shall enroll or commence his/her study unless he/she is validly issued a Student Visa or SSP;

13.2 Any foreign national granted with Student Visa or SSP shall not engage in any gainful employment or transfer to any school without the express authority from the Commissioner of Immigration. Provided, however, said foreign nationals are included in the HEI report as required under Item 12 of this Guidelines; and

13.3 The FS is not allowed to enroll simultaneously in another baccalaureate or graduate program in the same or higher degree level including short-term course/s not related to the degree program being taken.

14. Sanctions

14.1 Consistent with Inter-Agency Committee on Foreign Students (IACFS) Memorandum Order No. 01, Series of 2000, the authority to accept foreign students of any school found to have violated or failed to comply with the provision of Executive Order No. 285, Series of 2000, its Implementing Guidelines and Immigration Memorandum Circular No. SBM-2015-007, shall, after due investigation conducted by BI and/or CHED, be subject to cancellation/revocation and/or a fine of Fifty Thousand Pesos (PhP50,000.00). Any foreign student found to have enrolled without appropriate Student Visa or SSP shall be charged a fine of Twenty Thousand Pesos (PhP20,000.00) and subsequent deportation. (SBM-2015-007 Article VII, Section 3)

After due investigation by BI, the foregoing sanctions may likewise be imposed upon any school or foreign national who violates any provision of the said BI Memorandum Circular and BI Memorandum NWR No. RAGE-ARD-2016-007.

15. Separability Clause

15.1 If, for any reason, any part or provision hereof shall be held unconstitutional or declared contrary to law, other parts or provisions hereof which are not affected thereby shall continue to be in full force and effect. (Sec. 6, p. 8, EO 285)

16. Repealing Clause:

16.1 This Order shall supersede all other IACFS issuances and regulations. Any part thereof which are inconsistent with the provisions of these Guidelines are hereby amended, modified or repealed accordingly.

17. Effectivity:

This Order shall take effect immediately.

Issued in Quezon City, Philippines, October 19, 2017.

Signed by the Chair, Co-Chairs and Members:

Chair:

(SGD.) PATRICIA B. LICUANAN, Ph.D.Chairperson

Co-Chairs:

(SGD.) ALAN PETER S. CAYETANOSecretary

(SGD.) JAIME H. MORENTECommissioner

Members:

(SGD.) DANTE A. GIERRANDirector

(SGD.) ALEX PAUL I. MONTEAGUDODirector General