NBI Clearance with Canadian criminal record

[Trini Bwoy]

Sorry if you weren’t being sarcastic.  I just don’t want to apply and get denied and then my passport would be flagged as being banned in the Philippines.  I hope someone else has been through this and can reply with the information I’m looking for.  My wife can always come live here and we can travel back and forth as needed but being able to live there would be a blessing.  

[Happyhorn52]

When I applied for my SRRV Classic Visa all they required was a background check from my local sheriff's office (Houston) and a notarized letter stating that they had checked the data in the computer and no criminal offenses were found. 

[Trini Bwoy]

Thanks Happyhorn52. But I have a record. So I’m looking for the best way to apply fir residency visa without my record being discovered.  I believe that the previous answer about staying in Philippines for 6 months then applying is the best option so far.  But I would like to confirm it from someone who has a criminal record and applied in that same way.  

[Jollygoodfellow]

6 minutes ago, Trini Bwoy said:

Thanks Happyhorn52. But I have a record. So I’m looking for the best way to apply fir residency visa without my record being discovered.  I believe that the previous answer about staying in Philippines for 6 months then applying is the best option so far.  But I would like to confirm it from someone who has a criminal record and applied in that same way.  

Probably not many will say if they have a record. I dont think by applying for a check will flag anything. I think you said its 10 years ago and if it was not a major crime probably wont matter. Maybe you can get an NBI check in someone else's name that you know just to see what the check included but like I said, from my understanding its only to check if your been bad in the Philippines or wanted just like they do on every tourist visa extension. 

[Dave Hounddriver]

2 hours ago, Trini Bwoy said:

t I guess I’m just going to get the sarcasm and not a straight answer.

We are always here to help.  We welcome foreigners with a criminal record as it makes the rest of us look so good.  (THAT's sarcasm.  The rest of the guys are trying to help you.)

[Rooster]

1 hour ago, Trini Bwoy said:

Thanks Happyhorn52. But I have a record. So I’m looking for the best way to apply fir residency visa without my record being discovered.  I believe that the previous answer about staying in Philippines for 6 months then applying is the best option so far.  But I would like to confirm it from someone who has a criminal record and applied in that same way.  

I have no criminal record so I can't comment based on that. 

You can spend a lot of cash by moving here and finding out later if they find out later whatever it is you did 10 years ago or you can find out before hand if what ever it is you did has any impact.

Apply for the 59 day tourist visa, see if they grant it then let it expire since you mentioned it will be awhile that you plan moving here.  At least you will have peace of mind knowing the outcome.

http://www.philcongen-toronto.com/consular/consular_visa.php

In case with criminal conviction(s), please provide necessary documents from court or police record(s).

or

Roll the dice, come here and see what happens.

If it were me, I would apply for the 59 day Visa, if they grant it then no problem. If they deny it, provide/don't provide the reason, try and remedy it with the consulate in Toronto. Better to do that rather than spend big money to come here then get the boot. Of course opinions will vary.

Philippine Immigration Publishes a list of classes of aliens excluded from entry. I know some who are idiots or insane but they still got in. I know of one who had epilepsy, got in, bought a bar with his wife then got deported when he applied for permanent residency. He had too many Epileptic episodes.

 

EXCLUDED CLASSES 

 
Sec. 29. (a) The following classes of aliens shall be excluded from entry into the Philippines:

1. Idiots or insane persons and persons who have been insane;

2. Persons afflicted with a loathsome or dangerous contagious disease, or epilepsy:

3. Persons who have been convicted of a crime involving moral turpitude;

4. Prostitutes, or procurers, or persons coming for any immoral purposes;

5. Persons likely to become, public charge;

6. Paupers, vagrants, and beggars;

7. Persons who practice polygamy or who believe in or advocate the practice of polygamy;

8. Persons who believe in or advocate the overthrow by force and violence of the Government of the Philippines, or of constituted lawful authority, or who disbelieve in or are opposed to organized government, or who advocate the assault or assassination of public officials because of their office, or who advocate or teach principles, theories, or ideas contrary to the Constitution of the Philippines or advocate or teach the unlawful destruction of property, or who are members of or affiliated with any organization entertaining or teaching such doctrines; 

9. Persons over fifteen years of age, physically capable of reading, who cannot read printed matter in ordinary use in any language selected by the alien, but this provision shall not apply to the grandfather, grandmother, father, mother, wife, husband or child of a Philippine citizen or of an alien lawfully resident in the Philippines;

10. Persons who are members of a family accompanying an excluded alien, unless in the opinion of the Commissioner of Immigration no hardship would result from their admission;

11. Persons accompanying an excluded person who is helpless from mental or physical disability or infancy, when the protection or guardianship of such accompanying person or persons is required by the excluded person, as shall be determined by the Commissioner of Immigration;

12. Children under fifteen years of age, unaccompanied by or not coming to a parent, except that any such children may be admitted in the discretion of the Commissioner of Immigration, if otherwise admissible;

13. Stowaways, except that any stowaway may be admitted in the discretion of the Commissioner of Immigration, if otherwise admissible;

14. Persons coming to perform unskilled manual labor in pursuance of a promise or offer of employment, express or implied, but this provision shall not apply to persons bearing passport visas authorized by Section Twenty of this Act;

15. Persons who have been excluded or deported from the Philippines, but this provision may be waived in the discretion of the Commissioner of Immigration: Provided, however, That the Commissioner of Immigration shall not exercise his discretion in favor of aliens excluded or deported on the ground of conviction for any crime involving moral turpitude or for any crime penalized under Sections Forty-Five and Forty-Six of this Act or on the ground of having engaged in hoarding, black-marketing or profiteering unless such aliens have previously resided in the Philippines immediately before his exclusion or deportation for a period of ten years or more or are married to native Filipino women;

16. Persons who have been removed from the Philippines at the expense of the Government of the Philippines, as indigent aliens, under the provisions of section forty-three of this Act, and who have not obtained the consent of the Board of Commissioners to apply for readmission; and 

17. Persons not properly documented for admission as may be required under the provisions of this Act. 
 
      (b) Notwithstanding the provisions of this Section, the Commissioner of Immigration, in his discretion, may permit to enter any alien properly documented, who is subject to exclusion under this section, but who is: 
 
1. An alien lawfully resident in the Philippines who is returning from a temporary visit abroad; 2. An alien applying for temporary admission. 
 
Sec. 30. Any alien seeking admission into the Philippines may be required to testify under oath on matters relating to his admissibility. The burden of proof shall be upon such alien to establish that he is not subject to exclusion under any provision of the immigration laws. 
 http://immigration.gov.ph/images/ImmigrationLaw/2017_Feb/1_CA613.pdf

 

 

Edited July 19, 2018 by Rooster

[fillipino_wannabe]

Pretty sure it will be fine. Just get the Balikbayan if you're worried about it. That's what I'm planning to do, just need to leave the country once per year and return with your wife.

[Trini Bwoy]

Fillipino_wannabe, I also agree that the Balikbayan is the safest and easiest way to go.  That is what I was planning to do.  Use the Balikbayan to stay up to a year.  Then after apply for 13a visa.  I believe that after the 6 months of staying in the Philippines they only require a NBI clearance to make sure you don't have any outstanding cases or warrents locally in the Philippines.  If there is anyone else that can confirm this I would love to hear from you.  Again, thanks everyone for your comments, it has been a great help and I once again apologize for assume someone was being sarcastic.  I'm apprecieated all the help I'm getting here.

[Rooster]

2 hours ago, Trini Bwoy said:

Fillipino_wannabe, I also agree that the Balikbayan is the safest and easiest way to go.  That is what I was planning to do.  Use the Balikbayan to stay up to a year.  Then after apply for 13a visa.  I believe that after the 6 months of staying in the Philippines they only require a NBI clearance to make sure you don't have any outstanding cases or warrents locally in the Philippines.  If there is anyone else that can confirm this I would love to hear from you.  Again, thanks everyone for your comments, it has been a great help and I once again apologize for assume someone was being sarcastic.  I'm apprecieated all the help I'm getting here.

Correct. regarding the NBI Clearance after 6 months. See block 6 of this form.

http://immigration.gov.ph/images/FORMS/18Dec2015/BI FORM V-I-002-Rev 1.1.pdf

Regarding the NBI Clearance. There is an additional area that Foreign Applicants must complete asking for your home country information. They are seeking this not to see if one committed a crime in the Philippines.  I posted these links to an example form, look at the bottom.

https://www.nbiclearance.org/save-nbi-clearance-online-application-form-usb-local-drive-how-to/

https://www.nbiclearance.org/nbi-clearance-print-application-form-online

Best wishes.   

 

Edited July 20, 2018 by Rooster

[Mick]

I have not gone in to this, but a Scottish friend has just started his, they have asked for police clearance for the last 5 years, the problem is, we where both in Iraq so this is not so easy.....