NON-IMMIGRANTS

There are seven (7) categories: (1) temporary visitor; (2) transient; (3)
seaman; (4) treaty trader or treaty investor; (5) foreign government official;
(6) student; and (7) pre-arranged employee.
A. Temporary Visitors 9(a) visa
Three types:
1. For Pleasure or Holiday Purposes
- Commonly known as tourist visa
- Cannot engage in gainful employment or pursue an academic
course
2. Business Purposes
- The purpose of temporary stay is to look for areas of investment
- Business may be commercial, industrial or professional and of
temporary nature
- Attending international conferences, negotiate contracts,
educational or business meetings, professional lectures, etc.
- Cannot engage in an activity considered a form of gainful
employment (occupation in work or a routine of clerical nature)
3. Health Purposes
- Granted to those whose purpose is to recover from some kind of
illness which must not be contagious or dangerous disease
If stay exceeds 59 days, must secure the necessary extension
register with BI.

and

Admission as Balikbayan
- Republic Act No. 6768
- To attract and encourage overseas Filipinos to come and visit the
Philippines
- Balikbayan refers to a Filipino citizen who has been continuously
out of the Philippines for a period of at least one year, a Filipino
overseas worker, or a former Filipino citizen and his family, who
had been naturalized in a foreign country and comes or returns
to the Philippines
- With the exception of restricted nationals, those bearing foreign
passports shall be allowed visa-free entry for a period of one (1)
year
Extensions are a matter of grace which should be strictly interpreted; it
is a matter of privilege.

Commissioner of Immigration is granted the power to detain and expel

an alien who fails to secure a valid extension of stay.
B. Transient 9(b) visa
-

Transient refers to a person in transit to a destination outside

the Philippines
May engage in sight-seeing, visit relatives or transact business
while in transit

C. Seaman 9(c)
-

Seaman refers to a bona fide foreign seaman or any foreigner

who in good faith is signed on the articles of a vessel arriving at
a port of the Philippines from any place outside thereof,
employed in any capacity on board such vessel, and seeking to
enter the Philippines solely in pursuit of his calling as a seaman,
with the intention of departing with the vessel or reshipping on
some other vessel that is bound for a foreign port or place.
The term may also refer to a person serving in a civilian aircraft

D. Treaty Trade and Treaty Investor 9(d)

-

A foreigner who is entering the Philippines solely to carry on

trade or commerce between the Philippines and the country of
which he is a national pursuant to an existing treaty of
commerce and navigation.
Treaty Trader visa from US by virtue of treaty September 6, 1955
Alien employed in a manual capacity shall not be entitled to
treaty trader visa
Treaty investor is a foreigner who seeks admission for the
purpose of developing and directing the operations of an
enterprise in the Philippines where: (a) he has invested, or is
actively in the process of investing, a substantial amount of
capital; (b) his employer has invested or is actively in the process
of investing, a substantial amount of capital; Provided that the
employer is of the same nationality and the applicant is an overall supervisory or executive capacity.
Countries with Treaty Investor agreements with the Philippines:
Australia, Bangladesh, Belgo-Luxembourg, Canada, Chile, China,
Czech Republic, Denmark, Finland, France, Germany, Greece,
India, Iran, Italy, Korea, Kuwait, Laos, Myanmar, Netherlands,
Pakistan, Romania, Russia, Saudi Arabia, Spain, Switzerland,
Taiwan, Thailand, Turkey, UK, USA and Vietnam.

E. Foreign Government Official 9(e)

Classified into E-1, E-2 and E-3 visas

DFA is authorized to issue 9(3) visas.

F. Student

G. Pre-arranged Employee
-

available to foreigners who are going to the Philippines to

engage in any lawful occupation for wages or salary or other
forms of compensation where a bona fide employer-employee
relationship exists.

a change of admission category from temporary visitor to prearranged employment is allowed when negotiations for such
employment have started and petition for 9(g) visa has been
previously filed prior to the entry of the alien concerned.

an application for pre-arranged employment visa must prove the

following facts to the Board of Commissioners: (1) the nature of
the labor or service for which the visa is desired; (2) no person
can be found in the Philippines who is willing and competent to
perform such labor or service; (3) the length of time of
employment; (4) the wages or compensation to be received; (5)
the reason or reasons why no other person in the Philippines can
be engaged for such labor or service; (6) certified copies of the
contract of employment; (7) the reason or reasons why the
admission of the applicant into the Philippines shall be beneficial
to public interest; and (8) proof of his valid entry and admission
to the Philippines.

no alien seeking employment, whether as resident or nonresident, may enter the Philippines without an employment
permit from DOLE; permit valid for a minimum period of one (1)
year;

immigrants are exempt from securing employment permit from

DOLE

the pre-arranged employment visa shall be valid for a period

coterminous with the alien employment permit from DOLE

Working visas under Special Laws:

1. Export Processing Zone Authority (now PEZA) visa

2. Employees of regional or area headquarters of multi-national

companies in the Philippines
3. Employees of offshore banking units in the Philippines
4. Special resident investor
5. Foreign correspondent in the Philippines
6. Investor with a long-term lease of private lands
7. Resident retiree
8. Special Subic Investor
9. Religious missionaries/Educators
Conversion from Non-Immigrant to Immigrant:
-

In recent years, Philippine jurisdiction has adopted the concept of

dual intent, that an alien who comes to the Philippines on a
temporary visitor visa could legitimately decide to apply
permanently. This is evident in the promulgation of new laws
allowing investors and business executives to convert or adjust
their temporary visitor visas to investor visas.

DOCUMENTATION OF NON-IMMIGRANTS: (Secs. 10-12)

-

non-immigrants must present unexpired passports and valid

visas prior to their admission to the Philippines

a. Passport an official document of identity and nationality issued to

a person intending to travel or sojourn in foreign countries.
-

it is a property of the government of the issuing authority. It is

not a private property of the person to whom it has been issued

b. Travel document a certification containing the description and

other personal circumstances of the bearer, issued for direct travel
to or from the Philippines and normally valid for short periods or for
a particular trip.
c. Characteristics of a Philippine passport:
1. It is an official document of identity of Philippine citizenship.
2. It is a document certifying to the Philippine citizenship of the
holder in use for travel purposes.
3. It is a document that is issued by the Philippine government to
its citizens.
4. Only a Philippine citizen may be issued a Philippine passport.
5. It is not issued unless the DFA is satisfied that the applicant is a
Filipino citizen.
6. It is a document superior to all other official documents.

7. Its cancellation or withdrawal will not result in a loss or doubt on

the persons citizenship.
8. Its issuance will not even be denied to a Filipino citizen if his or
her safety and interest are at stake.
IMMIGRANTS (Sec. 13-14, PIA)
a. Immigrant Status; Principle of Reciprocity
-

generally, a foreigner may acquire immigrant status in the

Philippines if his country reciprocally allows Philippine citizens
the same privilege;
what is necessary is that there must at least be an unequivocal
showing that a foreign country grants reciprocal immigration
privileges to citizens of the Philippines.

b. Types of Immigrant Visas

c.

there are two types of immigrant visas: (1) quota; and (2) nonquota