Applying for temporary resident visa
"I am an Indian and my Filipina wife now carries the Person of Indian Origin (PIO) card that entitles her to almost all the privileges of an Indian, except voting rights. We have a baby girl and she is also an Indian. Can we get something like a PIO card in the Philippines if ever we decide to stay in the Philippines in the near future? FaridDear Farid,
Under Section 13(A) of the Philippine Immigration Act of 1940, a foreigner may be accepted in the country as a non-quota immigrant on the basis of his valid marriage to a Filipino. He may be granted permanent residence in the Philippines if his country gives reciprocal rights to Filipinos in his country. Foreign Service Circular No. 18-05 contains a list of countries with reciprocity agreement with the Philippines. Unfortunately, India is not included on the list. However, the Commissioner of Immigration still allows the issuance of a Temporary Resident Visa (TRV) to an applicant who, despite the absence of a reciprocity agreement between his country and the Philippines, contracts a valid marriage with a Filipino.In applying for a TRV, you need to present all the documentary requirements required by the Bureau of Immigration for its issuance. Your daughter may also be issued a TRV as your dependent. Because this is for temporary residence only, you need to apply for extension of your TRV. The extensions granted are usually for periods as may be decided by the Commissioner of Immigration.
As to your daughter, aside from the option of including her as a dependent in your TRV, she may stay here in the Philippines without a visa, provided that she is properly recognized as a Filipino citizen. Under Section 1(2), Article 4 of the 1987 Constitution, those whose fathers or mothers are citizens of the Philippines are also Filipino citizens. Your wife, then, may apply for the recognition of your daughter as a Filipino citizen. Once she is recognized as such, she may stay here in the Philippines indefinitely, without having to apply or renew a visa.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to firstname.lastname@example.org or via text message (key in: Times dearpao and send to 2299."
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"Applying for temporary resident visa"
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and updated on 14 September 2021