13A Spouse Visa: An Ultimate Guide for Foreign Spouses of Filipino Citizens

Foreign nationals, who want to stay in the Philippines for a long period to enjoy the world-class beaches, friendly locals, and low-cost living, have various options to do so through the visa programs offered by the government. Depending on the intentions and eligibility, these include tourist visas with limited months or years of stay, investment visas upon meeting the age and financial requirements, and if married to a Filipino citizen — the 13(A) Spouse Visa.

In a 2023 report on marriages published by the Philippine Statistics Authority (PSA), there were 14,704 marriages (3.3% share) between Filipinos and foreign nationals within the preceding year. Among these intermarriages, a total of 13,733 Filipino women (93.4% share) married non-Filipino men, while 971 Filipino men (6.6% share) married women of foreign nationals.

The most number of intermarriages involving Filipino women were with American men (4,499 or 32.8% share), followed by Chinese (1,033 or 7.5% share), British (968 or 7.0% share), Canadian (960 or 7.0% share), and Japanese (732 or 5.3% share). On the other hand, the highest number of intermarriages involving Filipino men were also with American women (282 or 29.0% share).  

You may be one of these foreign nationals married to a Filipino citizen, and you’re looking for a comprehensive guide on spouse visa. You are on the right page. In this article, we’ll cover all the necessary aspects of the spouse visa, from its legal background and definition to eligibility and requirements, and application processes. Read on and reach out to us if you need more information and assistance. 

13(A) Spouse Visa

Under Foreign Service Circular No. 21-10, Section 13(a) of the Commonwealth Act No. 613 or the Philippine Immigration Act of 1940 (PIA), “there may be admitted into the Philippines, termed “quota immigrants,” not in excess of fifty (50) of any one nationality or without nationality for any one calendar year, except the immigrants, termed “non-quota immigrants,” may be admitted without regard to such numerical limitations.” The exception includes — 13(a) the wife, or the husband, or the unmarried child under twenty-one years of age of a Philippine citizen, if accompanying or following to join such a citizen.

The 13(A) Spouse Visa goes with other terms, such as spouse visa, alien spouse visa, marriage visa, and foreign spouse visa. Its official name, however, is the 13(A) Non-Quota Immigrant Visa by Marriage, after Section 13 and paragraph or subsection (a) of the PIA. 

It is granted to foreign nationals who have contracted a valid marriage, recognized by Philippine laws, with a Filipino citizen. The petitioner for the visa should be the Filipino spouse. The visa is designed to support international families, promoting ease of relocation and providing a pathway for long-term residency. 

Eligibility 

To qualify for the spouse visa, the applicant must meet the basic eligibility requirements. These include a valid marriage with a Filipino citizen recognized under Philippine laws, no derogatory or criminal record in any local or foreign law enforcement agency, sufficient financial capacity to support the family, and authorized entry into the country by the Bureau of Immigration (BI), among others. 

Minor children below twenty-one (21) years of age may also be included in the application and enjoy the same privileges, provided that they are unmarried and have complete documentary requirements.

It is also important to note that only countries with reciprocity agreements with the Philippines or countries listed under Executive Order (EO) 408 may avail of the 13(A) Spouse Visa. For other countries, there are alternatives like the Temporary Resident Visa (TRV), MCL, etc. 

There are also certain conditions with other countries, such that the visa applicant must be a male a married to a female Filipino citizen (e.g., for Egypt, Libya, Oman, and Saudi Arabia), and that the marriage took place before April 24, 2001 or the couple has been married for at least five (5) years (i.e., for Malta). Check the complete list of countries with eligible spouse visa applicants here.    

Same-sex couples, who were married in countries where same-sex marriage is legal, are not also eligible for the visa, as this type of marriage is not yet recognized the Philippine laws. 

Benefits and Privileges

The 13(A) Spouse Visa comes with a wide range of benefits and privileges, on top of permanent stay and gainful employment in the Philippines:  

Long-Term/Permanent Residency

The foreign spouse may travel, stay, and live in the country together with the Filipino spouse as long as the two are married. Once the 13(A) permanent residency visa is approved, there is no need for further renewals or continuous extensions. Unmarried children, or dependents, are also entitled to the same visa privileges.

AEP Exemption

An Alien Employment Permit (AEP) is a work permit issued by the Department of Labor and Employment (DOLE) to foreign nationals seeking gainful employment in the Philippines, regardless of the nature or duration of employment. Spouse visa holders are exempt from obtaining this permit.

Access to Financial Services

The foreign spouse may open bank accounts (i.e., either peso or dollar deposits) and engage in other financial activities while in the country.

Investments and Property Ownerships

Unlike other visas, there are also no visa deposits or investment requirements. Additionally, the foreign spouse may pursue investments or even purchase and own real estate properties, subject to restrictions.    

Employment Opportunities

If necessary or preferred, the foreign spouse may also engage in legal and gainful employment without restrictions.

Access to Basic Services

The spouse visa grants access to education, healthcare, and other basic services in the public and private sectors.    

Documentary Requirements 

The documentary requirements for the 13(A) Spouse Visa application are the basis for the Bureau of Immigration (BI) to establish the validity of the marriage, absence of criminal records, financial capacity, and health status of the foreign applicant. 

For Foreign Spouses

Below are the requirements for non-quota immigrant visa by marriage (probationary): 

• • Joint letter request addressed to the Commissioner from the applicant and the petitioning Filipino spouse
  • Duly accomplished Consolidated General Application Form (CGAF) (BI Form CGAF-001-Rev 2)
  • Marriage Certificate or Marriage Contract
  • Birth Certificate or certified true copy of BI-issued Identification Certificate as Filipino citizen of the Filipino spouse
  • Photocopy of passport bio-page and latest admission with valid authorized stay
  • Valid National Bureau of Investigation (NBI) Clearance, if application is filed six (6) months or more from the date of first arrival in the Philippines
  • Bureau of Immigration (BI) Clearance Certificate
  • Original or certified true copy of Bureau of Quarantine Medical Clearance (if applicant is a national of any of the countries listed under Annex “A” of Immigration Operations Order No. SBM-14-059-A who arrived in the Philippines on or after June 2014)
  • Other additional documents, as may be necessary

For Dependents

If there are dependents (i.e., unmarried children under 21 years old), each must also provide:

• • • Duly accomplished CGAF (BI Form CGAF-001-Rev 2)
    • Photocopy of passport bio-page and latest admission with valid authorized stay
    • Proof of filiation with the petitioner
    • Valid NBI Clearance for each dependent 15 years of age or above, if application is filed six (6) months or more from the date of first arrival in the Philippines
    • BI Clearance Certificate
    • Original or certified true copy of Bureau of Quarantine Medical Clearance, (if applicant is a national of any of the countries listed under Annex “A” of Immigration Operations Order No. SBM-14-059-A who arrived in the Philippines on or after June 2014)
    • Other additional documents, as may be necessary

13A Visa Application Process

While waiting for the visa approval, the applicant can stay in the Philippines under a tourist visa and extend the status as applicable. 

1. Paperwork

Once decided to avail of the visa, the foreign spouse must start with the documentary requirements listed above, or as published on the BI official website. To avoid summary dismissal or delay in processing, it is of utmost importance to read and follow all the instructions indicated in the forms. Other supporting documents must also be secured from other government agencies (e.g., the birth certificate of the Filipino spouse from the Philippine Statistics Authority (PSA) and clearance from the National Bureau of Investigation (NBI)).   

2. Submission of the Application

There are three (3) ways to file the application: (a) if in the Philippines, apply in person at the Bureau of Immigration (BI), (b) apply through the Philippine embassy or consulate in the respective country, or (c) avail of the services of a BI-accredited agency. Among these, the last one can be the most convenient and seamless, as these agencies offer professional guidance throughout the application and expertise in preparing and handling documentary requirements.  

3. Physical Appearance (Interview and Biometrics)

The Bureau of Immigration (BI) also requires an interview with the foreign national and the Filipino spouse to verify the authenticity of the marriage and the residence claims. Additionally, biometric capturing will also be required. Applicable fees for the processing of the visa and related clearances must be paid. These fees vary and should be verified with the BI.

4. Payment of Fees

The fees include the visa processing fee (i.e., PHP 8,620.00 for each of the probationary and permanent visa applications) and an additional fee for the ACR I-Card (i.e., US$50). Always check the official website of the BI or contact the agency for the updated table of fees.      

5. Probationary Period

The initial stage involves converting the existing tourist to 13A Probationary Residency. Once the application is approved, the applicant will receive the visa, together with an Alien Certificate of Registration Identification Card (ACR ICard), under a one (1)-year probationary status. This will allow the foreign spouse to stay in the Philippines under certain probationary conditions. 

6. Re-Evaluation for Permanent Residency

After the probationary period, the applicant’s status will be subject to re-evaluation to determine eligibility for conversion of the visa to 13(A) Permanent Residency. It is recommended to apply for the amendment or upgrade three (3) to four (4) months before the probationary visa expires. Once approved, the visa holder is granted a permanent visa (no expiration) and an ACR I Card (renewable every five (5) years). 

7. Maintaining Residency

To maintain the 13(A) visa status, the foreign national must continue to live in the Philippines. Any changes in residence or status should be promptly reported to the Bureau of Immigration (BI).

Frequently Asked Questions (FAQs)

[1] Can a foreign national apply for the visa after having been engaged to a Filipino citizen? No. The law clearly states that the visa shall only be granted to a foreign spouse of a Filipino citizen under a valid marriage recognized by Philippine laws. Equally important, the applicant must produce a marriage certificate or contract.  

[2] How many dependents can be included in the visa application? There is no limit to the number of dependents, provided that they are unmarried, below twenty-one (21) years of age, and satisfy the documentary requirements. 

[3] Can the visa applicant leave the country while the application is in progress?. Yes, the applicant may do so. To avoid the need for re-evaluation, however, it is strongly recommended for the applicant to have a continuous physical presence in the country throughout the processing period. 

[4] Can the foreign spouse applicant work in the country while the visa is being processed? It is on a case-to-case basis. For example, if the foreign national is an ordinary employee, he or she cannot work or must wait for the 13(A) Spouse visa to be approved so the processing may proceed to the AEP Exemption.

[5] How long is the processing of the visa? It may take two (2) to three (3) months, depending on the review by the Bureau of Immigration (BI).

[6] Does the visa come with expiration? Does it need to be renewed? The visa remains valid as long as marriage is valid. Hence, there is no need for renewal. However, the ACR I-Card comes with a five (5) – year validity and must be renewed before expiration. Additionally, there is a need to file an annual report in person at the BI within sixty (60) days of each calendar year.  

[7] What will happen in case of death, separation, or divorce of a Filipino national? The 13(A) visa needs to be canceled, and the foreign national may need to revert to a tourist visa status.

[8] How does the 13(A) Spouse Visa differ from the Balikbayan Privilege? While the 13(A) Spouse Visa entails indefinite or permanent stay in the Philippines, the Balikbayan Privilege is a one-year visa-free stay privilege for Filipinos working overseas and former Filipinos who have acquired other citizenships and may be extended to their non-Filipino spouse and children.   

Final Thoughts 

As the popular tourism slogan goes, “it’s more fun in the Philippines,” and there is just a lot that the country has to offer to the foreign spouses of Filipino citizens who are planning to move to the country for good — live, work, and invest.

Processing the 13(A) Spouse Visa comes in two (2) stages — Probationary and Permanent. For foreign nationals, who are already in the Philippines, the existing tourist visa may easily be converted to a 13(A) Probationary, and after one year, to 13(A) Permanent. This, however, may really take time and require a lot of patience, but worth the wait given the promising benefits and privileges. 

With the assistance of an agency accredited by the Bureau of Immigration (BI), there is no way to get lost in the process, and the visa application will get an approval within the expected timeline.             

 … and you might just need our assistance.

Need further information and assistance regarding your 13(A) Spouse Visa application? Set up a consultation with FilePino today! Call us at (02) 8478-5826 (landline) and 0917 892 2337 (mobile) or send an email to info@filepino.com.