NON-IMMIGRANTSThere 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 and register with BI.

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 over-all 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 pre-arranged 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 non-resident, 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

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