The Philippines and India have been in strong diplomatic relations for seventy-five years, with shared values and commonalities, such as democratic polity, pluralistic society, and of course, widespread use of the English language. These two countries have been engaged in active cultural exchanges, defense and security cooperation, and bilateral trade, among others.
Compared to the very popular China town in the districts of Tondo and Binondo, the Indian community (composed of only 1,351 persons as of 1995), however, is one of the smallest foreign communities in the Philippines today. The Philippine Immigration Act of 1950 even reduced the immigration quota of Indians from 500 to 50 annually (Regala-Angangco & Almario, 1958).
In 2007, the Bureau of Immigration (BI), through its Memorandum Circular No. MCL-07-003, delisted the Indian nationals (together with the Chinese) from the “high-risk or restricted” category and reclassified them to the “visaed” or “visa required” category in recognition of their contributions to the Philippine economy and the absence of threats to national security, public health, and public safety.
With the sustained social interactions between these two races, Filipino-Indian intermarriages have been around as well for many years. In a 2022 statistical report on registered marriages in the Philippines published by the Philippine Statistics Authority (PSA), 362 (8.4% share) marriages involving Filipino women were with Indian nationals, third behind American and Chinese men.
With these intermarriages, Indian spouses may need to travel frequently to the Philippines or stay longer for family reasons, and ordinary tourist visas may not be enough. So, in this article, we’ll cover a spousal visa perfect for them who want to stay for an indefinite period, get employed, or even put up a business in the country while enjoying the closeness with their spouses and children — the Temporary Resident Visa (TRV).
Temporary Resident Visa (TRV)
A Temporary Resident Visa (TRV) is a spousal visa granted to foreign nationals whose country does not have any existing reciprocity agreement with the Philippines but have contracted a valid marriage, recognized by Philippine laws, with a Filipino citizen.
By law, permanent resident visas (e.g., the 13(A) Spouse Visa), are granted, primarily, by virtue of reciprocity agreements. That means, they are available only to citizens of other countries that grant the same permanent residence and immigration privileges to Filipino citizens. The Executive Order (EO) 408 provides a list of these countries. While India is not on the list, Indian nationals married to Filipinos can only be issued a TRV, and not a 13(A) Spouse Visa.
The validity of a TRV varies. Generally, it is valid for a probationary period of one (1) year, and thereafter, may be extended every two (2) years, subject to the status re-evaluation by the Bureau of Immigration (BI). Interestingly, Indian nationals may apply for a conversion to a five (5)-year TRV, as provided in the BI Memorandum Order No. Add-01-038.
Eligibility
Like the 13(A) Spouse Visa, the eligibility requirements for the Temporary Resident Visa (TRV) 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.
The children or dependents, who are unmarried and under twenty-one (21) years old, may likewise avail of the TRV, provided that they satisfy the documentary requirements.
Benefits and Privileges
The Temporary Resident Visa (TRV) comes with a wide range of benefits and privileges, on top of the indefinite stay and possible employment in the Philippines:
Indefinite Residency
The Indian national may travel, stay, and live in the country together with the Filipino spouse as long as the two are married. Once the TRV is approved, the residency may be continuously extended every five (5) years (other TRVs must be renewed every two (2) years) subject to the evaluation and approval by the Bureau of Immigration (BI). 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. TRV holders are exempt from obtaining this permit. However, while the visa is being processed, a Special Work Permit (SWP) must be secured if the applicant is locally employed.
Access to Financial Services
The Indian national 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 Indian spouse may pursue investments, and even lease, purchase, and own real estate and personal properties, subject to certain restrictions.
Employment Opportunities
If necessary or preferred, the Indian spouse may also engage in legal and gainful employment without restrictions.
Access to Basic Services
The TRV grants access to education, healthcare, and other basic services in the public and private sectors.
Documentary Requirements
The documentary requirements for TRV 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. Upon application, the Indian national must have a current Philippine visa (e.g., a tourist visa) valid for at least one (1) month.
For Indian Spouse Applicants, below are the requirements:
- Joint letter request addressed to the Commissioner from the applicant and the petitioner
- Duly accomplished CGAF for Non-Immigrant Visa
- Photocopy of passport bio-page and latest admission with valid authorized stay (at least 30 days from date of filing). Passport should have annotation of name of Filipino spouse
- Birth Certificate of the petitioning Filipino spouse or certified true copy of BI-issued Identification Certificate (IC) as Filipino citizen of the petitioning Filipino spouse
- Marriage Certificate or Marriage Contract
- 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
- BI Clearance Certificate
- Other additional documents, as may be required
For Dependents, below are the requirements:
- Duly accomplished CGAF for Non-Immigrant Visa
- Photocopy of passport bio-page and latest admission with valid authorized stay
- Proof of filiation with the petitioner, if applicable
- 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
- Other additional documents, as may be required
The requirements for the Extension of TRV-Indian Nationals Married to Filipinos (for 5 Years) are almost the same as the initial application requirements listed above, except that the birth certificate of the petitioning Filipino spouse (item 4) is no longer required. Always check the official BI website or contact the agency for updates and changes.
Visa Application Process
While applying for the visa, the applicant can stay in the Philippines under a tourist visa and extend the status as applicable. At the same time, a Special Work Permit (SWP) must be secured if engaged in local employment. This is valid for three (3) months and is renewable for another three (3) months. Continuous physical presence in the country is also required during the period.
Paperwork
Once decided to avail of the visa, the Indian national 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)).
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.
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 conducted.
Payment of Fees
Based on the official BI website, the fees to pay include the visa processing fee (i.e., PHP 37,060.00 for the first year and PHP 29,260.00 for five (5)-year extension) and an additional fee for the ACR I-Card (i.e., US$50). Always check the official website or contact the agency for the updated table of fees.
Probationary Period
The initial stage involves converting the existing tourist visa to one (1)-Year Temporary Resident Visa (TRV). 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 Indian spouse to stay in the Philippines under certain probationary conditions.
TRV Five-Year Extension
After the probationary period, the applicant’s status will be subject to re-evaluation to determine eligibility for a five(5)-year extension. It is recommended to apply for this amendment or upgrade three (3) to four (4) months before the probationary visa expires. Once approved, the visa may be renewed every five (5) years subject to approval by the Bureau of Immigration (BI).
Maintaining Residency
To maintain the visa status, the Indian 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 an Indian national apply for TRV after having been engaged to a Filipino citizen? No. The law clearly states that the TRV 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 TRV 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 TRV applicant leave the country while the application is in progress?. Pursuant to Immigration Administrative Order No. SBM-2014-006, the passports of applicants are required to be surrendered during the pendency of the application. Any request for pullout of a required document (e.g., passport, birth certificate, marriage certificate, etc. ) during the pendency of the application shall be deemed to be an act of abandonment of the existing application. Consequently, the application shall be dismissed, and all payments made with reference to the application shall not be subject to refund.
[4] Can the TRV applicant work in the country while it is being processed? Yes. While the TRV is being processed, the applicant engaged in local employment must secure a Special Work Permit (SWP) from the Bureau of Immigration (BI). It is valid for three (3) months, which may be extended for another three (3) months.
[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 spouse? The TRV needs to be canceled, and the Indian national may need to revert to a tourist visa status.
[8] How does the TRV differ from the 13(A) Spouse Visa? Both the Temporary Resident Visa and the 13(A) Spouse Visa are spousal visas granted to foreign nationals validly married to Filipino citizens. The big difference is that the TRV is issued to foreign spouses from countries without any reciprocity agreement with the Philippines (i.e., also the countries not listed under E.O. 408). Benefits and privileges are almost the same (Read also the separate article for 13(A) Spouse Visa).
Final Thoughts
Although Indian nationals married to Filipino citizens do not qualify for the 13(A) Spouse Visa due to the absence of a reciprocity agreement between the two countries, the Temporary Resident Visa (TRV) offers almost the same benefits and privileges, which include residency for an indefinite period, employment, property ownership, and investment, among others.
Given the technical and legal requirements and processes, however, consulting with the specialists and seeking the assistance of a reliable visa processing service provider accredited by the Bureau of Immigration (BI) can always guarantee that the applicant is well-guided throughout the application process, from drafting and gathering documentary requirements, to filing them with the government agencies, and finally, securing the visa and other related documents.
… and you might just need our assistance.
Need further information and assistance regarding your Temporary Resident Visa (TRV) 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.
