Dear PAO,
I am a British who fell in love with a wonderful Filipina. We are living
together in Pampanga with her daughter. Upon extension of my tourist
visa at the main office of the Bureau of Immigration, I was informed
that I have to exit the Philippines because I have reached the maximum
allowable period of extensions. I don’t want to leave the Philippines
because I consider this my home. What should I do to stay longer in the
Philippines? I could not apply for a spouse visa because my partner is
still married to the father of her child. Is it possible that I apply
for a fiancé visa?
K. Williams
Dear K. Williams,
Foreigners holding temporary visitor’s visa pursuant to Philippine
Immigration Act of 1940 and aliens admitted under Executive Order (E.O.)
No. 408 may extend their stay in the Philippines for a total stay of 16
months. A foreigner who seeks to extend his tourist visa beyond the
16-month limit should first seek the approval of the Commissioner
(Memoran–dum Order No. RADJR-2013-007 or the “Implementation of the
Long-Stay Visitor Visa Extension [LSVVE]”). Based from the fore–going,
you should abide with the order of the officer of the Bureau of
Immigration since, as stated, you have already reached the maximum
allowable period for tourist visa extension. However, you may ask the
Commissioner of the Bureau of Immigration for reconsideration to extend
your visa. The approval of the Com-missioner is necessary before
extensions can be made.
Since your intention is to stay permanently in the Philippines, which
you consider your home, it is better if your secure a permanent visa.
One of the permanent visas available to foreign national is that given
to foreign nationals who are married to a Filipino under Section 13(a)
of the Philippine Immigration Act of 1940. Unfortunately, this kind of
permanent visa cannot be applied by your fiancée for you because you are
not yet married and the said marriage is not possible as of the moment
because, according to you, she is still married.
Our country has no fiancé visa but there are other permanent visas
which you may apply, to wit: quota immigrant visa; Special Visa
Employment Generation (SVEG); and Special Resident Retiree’s Visa
(SRRV). However, this kind of visas requires from you a certain amount
of investment in the Philippines before it may be granted, such as the
required bank certification of inward remittance amounting to at least
US $50,000.00 or its equivalent in foreign currency for applicants of
quota visa. On the other hand, if it is really your desire to marry your
Filipina partner, you may suggest for the filing of annulment or
declaration of nullity of her marriage with the father of her child.
When annulled or their marriage is declared as null and void, you may
now marry her and she may petition you to have a permanent visa in the
Philippines.
Please be reminded that the above legal opinion is solely based on
our appreciation of the problem that you have stated. The opinion may
vary when other facts are stated.
source: Manila Times Column of Atty Persida Acosta
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