13 A visa - Permanent - What would happen if I separate from my wife

If you divorce you will lose your 13A and you wilk be allowed a tourist visa.

This is only if I proceed with legal process and obtained a divorce legally ? or just living separately also cause the 13A to be invalidated ?

I am not sure in the case of living separately without official divorce... because maybe later on you can be again together...
But for a divorce, even as a widow, there is no more 13A

I just remember now the case of a French guy who was not living with his wife, and the wife, as a revanche went to BI and ask that the 13A be cancelled... the French guy lost the 13A and had to pay a fine because he did not tell BI that his house was now in a different address.

In the case of the 13A it is considered that the Filipino spouse is the one sponsoring the foreign spouse. So if the Filipino spouse disapeared in one way or the other, the 13A is cancelled

Is it possible for my partner to withdraw her sponsorship from 13A while I am outside Philippines? if that happens how should I know about it before travelling back to Philippines ? is there any way to find this out so I could probably apply tourist Visa before going ... please help me as I am really in a difficult situation right now..

Geraldhere wrote:

I am a holder of 13A permanent Visa in the Philippines. My wife an I are living separately (no legal process yet) at the moment and I will file for divorce in future (outside Philippines). If this happens what would be the status of my 13A visa,

1. The effect to my 13 A if I live apart from my wife but not legally separated ?
2. The effect to my 13 A visa if I divorce my wife legally outside the Philippines ?
3. What option do I have since I still have other extended family members even though I am not in good terms with my wife I still care the rest of the relatives and I would like to be visiting them and supporting them

If the BI knew you were separated, your 13a would be cancelled. If you are divorced, it is cancelled.

You could apply for an SRRV (requires a hefty time deposit). See PRA (Philippine retirement authority) website for details.

You can change your visa to a tourist visa (9a).

You will outside PH for a long period ? Your wife threatened you of cancelling 13A ? I am not into immigration law, I just remembered this story. I am sure there is a process before the cancellation and you will know about it. Do not change your visa by yourself... if you come back and you are told that your 13A is cancelled, you just ask for a tourist visa at BI (you enter for a free 3 weeks in PH and then ask for extension)

Thank you. I am employed outside Philippines long time and return usually to submit my annual report and visit relatives. This could probably be the option if she does that to me. She might do it who knows. She wont even let me know if she does this or not. So I have to figure things out. That is why I am scared when I fly back to Philippines and approach immigration  and if they say my 13A is already cancelled I do not know if it is possible to still be admitted as a tourist (I am holding a passport of a country which does not receive arrival visa in the Philippines)

You have here a link which will answer your questions

https://lifephilippines.org/2014/10/23/ … isa-split/

geolefrench wrote:

You will outside PH for a long period ? Your wife threatened you of cancelling 13A ? I am not into immigration law, I just remembered this story. I am sure there is a process before the cancellation and you will know about it. Do not change your visa by yourself... if you come back and you are told that your 13A is cancelled, you just ask for a tourist visa at BI (you enter for a free 3 weeks in PH and then ask for extension)

IMMIGRATION MEMORANDUM CIRCULAR NO. SBM-2014-009. He kindly posted it in our comments section. It makes BI position very clear and has the added weight of a legal review of the interpretation that BI has been following.

We have quoted the relevant sections from a Memorandum but here is the full document
Major Points

1. The dissolution of marriage by declaration of nullity, annulment, legal separation or separation de facto between the foreign husband and Filipino wife shall operate as a ground for the revocation of the foreign husband's Non-Quota Immigrant Visa under C.A. no. 613, Section 13(a) or TRV.

2. There is one exception:
If the dissolution of the marriage is due to the death of the Filipino wife and there is/are surviving child/children of such marriage.

Geraldhere wrote:

Thank you. I am employed outside Philippines long time and return usually to submit my annual report and visit relatives. This could probably be the option if she does that to me. She might do it who knows. She wont even let me know if she does this or not. So I have to figure things out. That is why I am scared when I fly back to Philippines and approach immigration  and if they say my 13A is already cancelled I do not know if it is possible to still be admitted as a tourist (I am holding a passport of a country which does not receive arrival visa in the Philippines)

IMMIGRATION MEMORANDUM CIRCULAR NO. SBM-2014-009. He kindly posted it in our comments section. It makes BI position very clear and has the added weight of a legal review of the interpretation that BI has been following.

We have quoted the relevant sections from a Memorandum but here is the full document
Major Points

1. The dissolution of marriage by declaration of nullity, annulment, legal separation or separation de facto between the foreign husband and Filipino wife shall operate as a ground for the revocation of the foreign husband's Non-Quota Immigrant Visa under C.A. no. 613, Section 13(a) or TRV.

2. There is one exception:
If the dissolution of the marriage is due to the death of the Filipino wife and there is/are surviving child/children of such marriage.

What should I do now? I am outside Philippines and I want to follow the right approach to settle this. I am totally confused how to approach this now..., I do not even know if my wife and I will settle our differences or would live apart..

@Teejay the exception (keep 13A) is if you have children with your departed Filipino spouse. The child should be below 21 and unmarried. If your children are above 21, you must downgrade your 13A to tourist visa etc

***

Are you sure of that, even if you have no children ?

geolefrench wrote:

Are you sure of that, even if you have no children ?

According to two other expats after informing the BI of the death of their spouse (no children), they received a reply stating they will retain their 13a status.

Maybe it depends on who receives the notification and their interpretation.

http://www.immigration.gov.ph/images/Me … 14-009.pdf

The memorandum seems to confirm your thoughts.  It looks as though the only way to avoid having to leave, would be to convert to 9a tourist status or a SRRV.

Sounds as though the ones who were able to retain the 13a status, were just lucky.

I have recently gone through the process of legal separation.
My (senior Filipino family lawyer) assures me that although  legally separated, this is a ‘joint legal separation' that is signed by both parties and is therefore by mutual agreement. My wife cannot therefore withdraw her support for my 13a visa whilst we are still (technically) married. A wife cannot simply withdraw support of her foreign spouse's visa out of ‘spite'. This is why BI do not ask for a wife to sign continued support of your visa every year when you go and get your stamp/renewal.
Similarly, she needs grounds to withdraw support whilst you remain technically MARRIED - hence you never hit her/have a police report filed against you (oldest trick in the book!!).

13a would be revoked:

I. As and when we are divorced (foreign divorces are recognised in the Family Law Courts in the Philippines). Or divorce is legalised locally in the Philippines.
2. You have a police report filed against you (whether proven or not!)
3. Annulment of marriage.

Becoming a widower is an interesting point. If you have (minor) children your 13a is unlikely to ever be revoked. I would be very interested to hear from a legal professional about other scenarios as I have a few close friends here who are widowers on 13a visas and have lived in the Philippines without issue for 30+ years....?

Everything posted so far is LEGALLY true in the Philippines, but the most likely outcome is, if your wife doesn't revoke her sponsorship, you will have no repercussions to your 13A in the immediate future. I make this statement based on personal experience that a friend of mine had.
But, after having said that, I would look into the SRRV options if you intend to spend a lot of time in the Philippines in the future. If you are not on good terms with your wife you would be taking a risk with the BI.

You should know that your 13A permanent visa is for lifetime. Nothing will change, your new status if you divorce, will not have any effect. You will only renew your ACR card every 5 years. As far as I know...

jeibi wrote:

You should know that your 13A permanent visa is for lifetime. Nothing will change, your new status if you divorce, will not have any effect. You will only renew your ACR card every 5 years. As far as I know...

Wrong:

REPUBLIC OF THE PHILIPPINES DEPARTMENT OF JUSTICE BUREAU OF IMMIGRATION MAGALLANES DRIVE, INTRAMUROS  1002 MANILA
IMMIGRATION MEMORANDUM CIRCULAR NO. SBM-2014-009

GUIDELINES FOR REVOCATION OF NON-QUOTA IMMIGRANT VISA UNDER COMMONWEALTH ACT NO. 613, SECTION 13(A) OR TEMPORARY RESIDENT VISA

In accordance with Opinion No. 52, series of 2013, issued by the Secretary of the Department of Justice (DOJ) on 17 June 2013 concerning the interpretation of Section 13(a) of Commonwealth Act (C.A.) No. 613, otherwise known as the Philippine Immigration Act of 1940, as amended, and the application thereof on Temporary resident Visa (TRV under Law Instruction 33 and Memorandum Order No. ADD-01-038, the following guidelines shall be observed:

1. The dissolution of marriage by declaration of nullity, annulment, legal separation or separation de facto between the foreign husband and Filipino wife shall operate as a ground for the revocation of the foreign husband's Non-Quota Immigrant Visa under C.A. no. 613, Section 13(a) or TRV, except:

a. If the dissolution of the marriage is due to the death of the Filipino wife and there is/are surviving child/children of such marriage; and

b. In case of petition for (i) adjustment of status from Temporary Visitor Visa under C.A. No. 613, Section 9(a) to Non- Quota Immigrant Visa under C.A. No. 613, Section 13(a) or TRV; or (ii) amendment or extension thereof, respectively, the surviving foreign husband, in his own capacity1, or the child, as petitioner2, may file a petition for Non-Quota Immigrant Visa under C.A. No. 613, Section 13(a) or TRV of the foreign husband.

2. Dependents under Non-Quota Immigrant Visa under C.A. No. 613, Section 13(a) or TRV must be: 

a. Under twenty one (21) years of age; b. Unmarried; and c. Accompanying or following to join his Filipino parent.

In case the dependent of a Non-Quota Immigrant Visa under C.A. No. 613, Section 13(a) or TRV attains twenty one (21) years of age or marries, such dependent shall already be disqualified and shall cause the revocation of his/her dependent visa.

This Circular takes effect immediately.

For strict compliance

Furnish a copy of this Circular to the Office of the National Administrative Register (ONAR), U.P. Law Center, U.P. Diliman, Quezon City.

08 August 2014 
Signed SIEGFRED B. MISON Commissioner

Am i correct in assuming those that were able to remain were the natural parents of at least one child with the former Filipino wife?

Lem, 13a permanent applicant.

Hello ,

@Geraldhere you don't need to apply for a tourist visa before going to the Philippines. You just get a 15 days or 30 days free visa depending on your nationality once arrived in the Philippines

@Geraldhere you don't need to apply for a tourist visa before going to the Philippines. You just get a 15 days or 30 days free visa depending on your nationality once arrived in the Philippines
-@Georges Laborie

I think within this group, you meet the definition of newbie here 😂 Everybody knows this except your first visa is 29, not 30 days lol.

Welcome Georges and as a French national, man you can avail the free 29 day visa, simply roll up as long as you have an exit flight, then simply extend your stay. Not rocket science.

Cheers, Steve.

@GuestPoster170 what kind of link is that takes you to advertisement.