Registration Guidelines for Immigrant and Non-Immigrant Dependents Actually Born in the Philippines

May 24, 2012

BI MEMORANDUM CIRCULAR NO. RADJR-12-014

REGISTRATION GUIDELINES FOR IMMIGRANT AND NON-IMMIGRANT DEPENDENTS ACTUALLY BORN IN THE PHILIPPINES

WHEREAS, all foreign nationals holding immigrant or non-immigrant visas are required to be registered with the Bureau of Immigration pursuant to Republic Act (R.A.) No. 562 or the Alien Registration Act of 1950, as amended;

WHEREAS, the ambiguity of Commonwealth Act (C.A.) No. 613 or the Philippine Immigration Act of 1940, as amended, on the visa status of alien dependents born in the Philippines has caused confusion in the proper categorization of these foreign nationals;

WHEREAS, the Philippine Constitution and existing laws guarantee the integrity of the family as a basic autonomous social institution;

WHEREAS, there is a need to provide for uniform rules for registration of immigrant and non-immigrant dependents actually born in the Philippines;

NOW, THEREFORE, pursuant to the rule-making power of the Commissioner of Immigration under Section 3, C.A. No. 613 or the Philippine Immigration Act of 1940, as amended, and Sections 29 and 36, Chapter 6, Book IV, Title III, E.O. No. 292 or the Administrative Code of 1987, this Memorandum Order is hereby issued:

SECTION 1. Title. — This Memorandum Order shall be known as "Registration Guidelines for Immigrant and Non-Immigrant Dependents Actually Born in the Philippines."

SECTION 2. Definition of Terms. — As used in these Guidelines, the following terms are defined as follows:

2.1. Dependent — an unmarried minor child/children less than eighteen (18) years of age and actually born in the Philippines;

2.2. Immigrant — any foreign national admitted to the Philippines as a lawful permanent resident generally mentioned in C.A. No. 613, Section 13 series;

2.3. Inclusion Proceedings — the administrative procedure of incorporating the dependent into the visa status of his/her parents;

2.4. Non-Immigrant — any foreign national departing from any place outside the Philippines who is allowed entry and admission into the Philippines for a temporary or limited period of stay generally mentioned in C.A. No. 613, Section 9 series; and SACHcD

2.5. Visa Status — the immigration status granted and/or issued to foreign nationals by the Commissioner or Board of Commissioners.

SECTION 3. Coverage. — The following immigrants and non-immigrants with dependents born in the Philippines shall be covered by these Guidelines:

3.1. Immigrants. —

3.1.1. Permanent resident visa (PRV) holders under Section 13 paragraphs (a) to (g), C.A. No. 613 as amended, R.A. No. 7919 and 8247 or the Alien Social Integration Act of 1995, E.O. No. 324 or the Alien Legalization Program of 1988, and Note Verbale No. 903730 dated September 17, 1990 between the Governments of India and the Republic of the Philippines, if applicable;

3.1.2. Temporary resident visa (TRV) holders under BI Law Instruction No. 33 (Series of 1988), BI Law Instruction No. 13 (Series of 1988), BI Law Instruction No. 48 (Series of 1988), BI Memorandum Order No. ADD-01-038 (Series of 2001), and BI Memorandum Order No. ADD-02-015 (Series of 2002); and

3.2. Non-Immigrants. — Non-immigrant visa (NIV) holders under Section 9 (a) (tourists), Section 9 (d) (treaty traders/treaty investors) Section 9 (f) (students) and Section 9 (g) (pre-arranged employees [commercial and missionary]) of C.A. No. 613 as amended.

SECTION 4. Visa Status via Inclusion Proceedings. — Immigrant and non-immigrant dependents shall follow and shall be incorporated into the visa status of their parents. Subject to Section 6 (b), in no case shall the visa status of dependents acquired pursuant to these Guidelines be different than that of their parents.

SECTION 5. Most Favored Visa Status (MOFAVIS) Clause. — Should the dependent's father have a different visa status from the mother, the dependent shall be incorporated into the visa status of the parent which is most favorable to his/her best interests.

Subject to Section 6.2, in no case shall the visa status of the dependent be different from that of either parent.

SECTION 6. Exception. — These Guidelines shall not apply to:

6.1. Alien dependents of non-immigrant visa holders under Section 9 (b), C.A. No. 613 as amended. In such case, they shall secure an Exit Clearance Certificate (ECC-[A]) with orders to leave upon the expiration of the stay of their parents as transit visa holders; aHADTC

6.2. Alien dependents of immigrant and non-immigrant visa holders who apply and qualify for visa status different from their parents as provided under existing rules and regulations of the Bureau.

SECTION 7. Validity of Visa Status. — The visa status of immigrant and non-immigrant dependents shall be co-terminous with that of their parents: Provided, that:

7.1. TRV Dependents. — Should the parents of an immigrant dependent be TRV holders, his/her approved visa status shall cease upon reaching eighteen (18) years of age. In such case, the dependent shall apply for a change or downgrade of admission status as allowed under existing rules and regulations of the Bureau.

7.2. Tourist and Student Dependents. — The visa status of tourist (9[a]) and student (9[f]) dependents acquired pursuant to these Guidelines shall be immediately cancelled upon their departure from the Philippines. In such case, they shall secure an Exit Clearance Certificate [ECC-(A)] with orders to leave upon the expiration of their parents' stay as temporary visitors or upon the end of the semester. The dependents shall then be accompanied by his/her parents upon departure.

SECTION 8. Period for Registration. — Either parent shall apply for the visa status via inclusion proceedings within thirty (30) days from the date of birth of the dependent. Parents and their dependents shall proceed to the Bureau for registration and fingerprinting pursuant to the Regulations Governing the Registration of Aliens in accordance with the Alien Registration Act of 1950.

SECTION 9. Cancellation of Improvidently Issued Visa Status. — The registration of non-immigrant dependent/s that have been improvidently issued visa status as native-born, native-born entrant, native-born non-immigrants, special native-born alien, voluntary native-born and other similar category shall be cancelled after December 31, 2012. Dependents whose registration has been cancelled in accordance with this Section shall then apply with the Bureau for a visa status applicable to them as determined in these Guidelines or in the existing rules and regulations of the Bureau.

SECTION 10. Penalty. — Failure to apply for their inclusion within the Period for Registration shall be cause for the deportation of the alien parents and their dependents and the imposition of a fine in the amount of Two Hundred Pesos (Php200.00) for every month of delay; Provided, that those who comply with these Guidelines before December 31, 2012 shall be exempt from the imposable penalty provided herein. SIDEaA

SECTION 11. Inventory of Improvidently Registered Non-Immigrant Dependents. — The Alien Registration Division (ARD) Chief is given a period of thirty (30) days from the issuance of this Order to submit to the Commissioner an inventory of non-immigrant dependents who were improvidently registered as native-born, native-born entrant, native-born non-immigrants, special native-born alien, voluntary native-born and other similar category. Upon receipt of this inventory, the ARD shall order the parties concerned to apply for the appropriate admission status via inclusion proceedings, if applicable.

SECTION 12. Effectivity Clause. — This Order shall take effect immediately.

Let copies of this Memorandum Order be furnished to the Office of the National Administrative Register (ONAR), UP Law Center, Diliman, Quezon City.

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

Approved:

(SGD.) LEILA M. DE LIMASecretaryDepartment of Justice