Guidelines in the Processing of Applications for Quota Immigrant Visas Under Section 13 of C.A. No. 613, as Amended

2011

BI MEMORANDUM CIRCULAR NO. RADJR 11-004

 

Pursuant to Sec. 3 of the PIA of 1940, as amended, the Commissioner issues the following guidelines for quota immigrant visa applications under Sec. 13, PIA are hereby issued:

I. General Considerations

1. An immigrant is a foreign national departing from abroad to reside permanently in the Philippines. An immigrant may either be quota or non-quota.

2. Sec. 13 of the PIA provides for the admission into the Philippines of quota Immigrants not exceeding fifty (50) of any nationality for each year. Stateless persons are also entitled to the annual quota of fifty (50).

3. Under the principle of reciprocity, quota immigrant visas shall not be issued to foreign nationals of countries with the Philippines has no diplomatic relations or which do not grant the same immigration privileges to Filipino citizens.

4. Quotas terminate at the end of each calendar year and unused quota numbers cannot be utilized for the following year. Consequently, a quota number and the immigration visa must be issued during the same calendar or quota year.

II. Classifications

1. In allotting quota numbers, the Commissioner of Immigration shall accord preference status to applicants in the following order of priority: IcHTCS

(i) Those possessed of qualifications, skills, or scientific, educational or technical knowledge which will advance and be beneficial to the national interest of the Philippines; and

(ii) Those possessed of sufficient capital for a viable and sustainable investment in the Philippines.

III. Qualifications

1. To qualify for a quota immigrant visa, the applicant must establish that:

(i) He is in possession of a valid passport (or equivalent document) and visa at the time he files his application;

(ii) He does not belong to any class of excludible or deportable foreign nationals enumerated under Secs. 29 and 37 of the PIA, respectively;

(iii) There is a reciprocity arrangement between his country and the Philippines based on but not limited to Department of Foreign Affairs circulars and issuances; provided, that this requirement shall be waived in case of stateless persons;

(iv) He is among the preferred classes of foreign nationals as specified in Item II hereof.

2. The allocation of a quota number to a non-preferred immigrant applicant shall be on a first come-first served basis and only after allocation of numbers to preferred quota applicants.

IV. Documentary Requirements

1. All applicants shall complete the documentary requirements enumerated in the accompanying CHECKLIST OF DOCUMENTARY REQUIREMENTS FOR APPLICATIONS FOR CONVERSION TO QUOTA IMMIGRANT that is made an integral part of this memorandum Circular as "Annex A" hereof.

V. Screening Committee

A Screening Committee under the office of the Commissioner is hereby created to facilitate the processing of applications for quota immigrant visas under Section 13 of C.A. No. 613, as amended, the composition of which is to be determined by the Commissioner through an appropriate Personnel Order.

VI. Procedure

All applications for change of admission status and issuance of visa to quota immigrants shall be placed under the Visa Issuance Made Simple (VIMS) program, and the procedure thereof shall be as follows:

1. All application fees for quota immigrant visas shall be assessed and paid in full before being accepted for filling. HTCISE

2. Immediately upon payment of fees, the application shall be forwarded to the Screening Committee under the Office of the Commissioner for raffling to designated hearing officers.

3. Upon receipt of the application, the hearing officer shall have fifteen (15) days to resolve the same. Within the same period, he shall transmit the application and his recommendation (approving or denying the application) to the Chairman of the Screening Committee under the Office of the Commissioner.

4. The Chairman of the Screening Committee shall prepare a list of qualified applicants by nationality and in the order of preference specified in item II hereof, and transmit the same to the Commissioner of Immigration for final action.

5. The Commissioner shall grant quota immigrant visas and implement (by himself or through his designated representative) the same. The grant shall be stated in an Order signed by him, indicating the nationality, Official Receipt No., Quota Allotment Number, and date of Issuance.

6. All qualified applicants shall be notified by registered mail.

7. The list of approved Quota Immigrant Visas shall be posted at the Bureau of Immigration, Main Office, in places accessible to the public, as well as in the official website of the Bureau.

VII. Registration

1. A certified true copy of the Orders granting the quota immigrant visa shall be transmitted to the Chief, Alien Registration Division.

2. It shall be mandatory upon the Chief, ARD, to cause the registration of, and issuance of ACR-ICards to, all approved Quota Immigrant applicants. No other documents shall be required for purposes of registration except the following:

(i) True copy of the Order of Approval;

(ii) True copy of the implementation stamp appearing on the applicant's passport; and

(iii) Original or True copy of the Official Receipts evidencing payment of the I-Cards fees.

3. The I-Cards shall be released within 24 hours from the time the I-Card application is filed.

VIII. Final Provisions

1. All previous circulars, orders, and/or instructions inconsistent herewith are deemed repealed, amended, and/or modified accordingly. cIaCTS

2.  This Memorandum shall take effect immediately.

Let copies of this Memorandum Circular be filed with the Office of the National Administrative Register (ONAR) at the UP Law Center, UP Complex Diliman, Quezon City.

 

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

ATTACHMENT

BUREAU OF IMMIGRATION

RADJR-11-_____

NOTICE TO ALL APPLICANTS/PETITIONERS

To avoid the summary denial/delay of your application/petition, please be advised of the following:

1. All sworn statements or affidavits must be duly notarized.

2. Documents executed outside the Philippines must be authenticated by the Philippine embassy/consulate officials of the Philippine Foreign services at the place of issuance or nearest to it, with English translation, if written in a foreign language. Any document executed within the Philippines must be duly certified by the having custody of the originals.

CHECKLIST OF DOCUMENTARY REQUIREMENTS FOR APPLICATIONS FOR CONVERSION TO QUOTA IMMIGRANT

(Section 13)

1. ( ) Notarized letter-request stating that:

a. he is in possession of a valid passport (or equivalent document) and visa at the time he files his application;

b. he does not belong to any class of excludible or deportable foreign nationals enumerated under Section 29 and 37 of the PIA;

c. he is possessed of qualifications, skills, scientific, educational or technical knowledge which will advance and be beneficial to the national interest of the Philippines or he has sufficient capital for a viable sustainable investment in the Philippines;

d. all of the documents submitted were legally obtained from the corresponding government agencies.

2. ( ) General Application Form duly accomplished and notarized (BI form No. MCL-07-01)

3. ( ) Plain photocopy of the applicant's passport showing admission stamp and authorized stay;

4. ( ) Proof of applicant's special qualifications like academic degrees, awards, certificates of recognition, and other documents attesting to applicant's special qualifications, skills, or knowledge, or DEHcTI

 ( ) Proof of financial capacity or investment, including but not limited to:

a. ( ) Bank certification of inward remittance amounting to at least US$50,000.00 or equivalent in the foreign currency.

b. ( ) Duly-certified documents evidencing ownership/purchase of a condominium. Condominium unit(s) acquired within four (4) years prior to filing the quota Immigrant visa may be considered.

c. ( ) Duly-certified documents showing ownership of or investment in an existing corporation, business, enterprise, or concern. Shares of stocks or other equipment proof of ownership in a corporation or concern acquired within four (4) years prior to filing application may be considered.

 In cases (b) and (c) above, applicant shall show the proof that the amount he invested was inwardly remitted or came from foreign sources.

5. ( ) Original copy of stamp issued by the Bureau of Quarantine and appearing in applicant's passport or travel document, and a certification from a government health institution that applicant is physically and mentally fit;

6. ( ) Bureau of Immigration (BI) Clearance Certificate;

7. ( ) National Intelligence Coordinating Agency (NICA) Clearance;

8. ( ) Clearance from the Law Enforcement Agency of the Applicant's country of origin or residence, provided, that this requirements may be waived if the applicant has stayed in the Philippines for more than two years; and

9. ( ) National Bureau of Investigation (NBI) Clearance.

CERTIFICATION

This is to certify that the documents submitted in support of the application/petition for _________________ are complete and in order. AEHCDa

_______________________________________

BI Accredited Agent and Accreditation number

Name of Officer of the Day:

_________________________ Date _________________

(Signature over printed name)