Expired ACR- ICard 13a visa

[Mryagu02]

Hello Everyone. I'm a new member and this is my first post.

 

I have been away from the PI for about a year due to Covid and my ACR I-Card expired in January. I will be traveling back to PI in December and don't want anything to happen to the 13a Visa when I arrive in Manila by entering on another visa classification which would likely cancel the 13a.

 

Immigration tells me different things and their Press Releases on things apply to those similar to me but whose card has NOT expired. I'm really lost on what to do.

 

I was wondering if anyone in my situation has come into Philippines and tried to renew an expired ACR?

 

I'd love to ask you a few questions. Thank you.

 

Thomas

[Dave Hounddriver]

I feel confident that the first question the immigration will ask is "where's your wife?"

That is because a 13a is contingent upon the marriage being ongoing and the wife remaining supportive of your 13a.  If your 13a has expired and your wife is nowhere to be found then you are in a pickle.

[Mryagu02]

Hi Dave~

 

Thank you for your reply. She will go to Manila then on to Mindanao a few days before me, but we are still married and I have traveled with the 13a visa without her. I think I renewed without her being with me last time, but I cant remember.

In your opinion, do you think she will have to be there with me physically when I land in Manila? Or, when I apply at the BI office in Intermuros, she will need to be there?

Thanks again for your fast reply!

T

[Mike J]

The 13A does not expire, as long as you remain married, even though the ACR card does.  I think your only challenge will be explaining while you are alone as Dave wrote in his post. 

[hk blues]

53 minutes ago, Mryagu02 said:

 I think I renewed without her being with me last time, but I cant remember.

I renewed mine in Jan 2020 and my wife wasn't with me nor did she need to sign the renewal form IIRC.

It seems to me we can renew forever without our wife's approval unless she chooses to notify the BI otherwise.  If she passes away before we do then I suppose we can remain here with no issue - if we leave then try to come back in that may present a problem of course.  

[Gator]

Expired ACR card is no big deal. I don’t ever recall even being asked for it upon entry at the airport. 

[Youngster]

3 hours ago, Gator said:

Expired ACR card is no big deal. I don’t ever recall even being asked for it upon entry at the airport. 

I returned last month and was asked to produce my ACR card, but never before.

[Mike J]

16 hours ago, hk blues said:

It seems to me we can renew forever without our wife's approval unless she chooses to notify the BI otherwise.  If she passes away before we do then I suppose we can remain here with no issue - if we leave then try to come back in that may present a problem of course.  

You are required by law to report divorce and/or death of a spouse.  At that time you would "downgrade" from a 13A visa to a tourist visa or SSRV visa assuming you wanted to stay in the Philippines.   The exception is if the spouse dies and there are minor children from the marriage.

https://immigration.gov.ph/images/MemorandumCircular/MemoCircNo.SBM2014-009.pdf

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

[Dave Hounddriver]

22 hours ago, Mryagu02 said:

She will go to Manila then on to Mindanao a few days before me

You may already be aware of it, but each Immigration Officer at the airport has a different attitude.  Some may just shrug that off.  Some may ask more questions.

I am curious if your ACR card is the only place that shows you have a 13a visa or if it is stamped in your passport of if there is a separate document?  I expect many people will return to the Philippines with expired ACR cards due to Covid preventing their return.  If in doubt, check with the Philippine embassy near you OR send a message to Philippine BI on their Facebook page.  They answer promptly and accurately on Facebook.

[hk blues]

5 hours ago, Mike J said:

You are required by law to report divorce and/or death of a spouse.  At that time you would "downgrade" from a 13A visa to a tourist visa or SSRV visa assuming you wanted to stay in the Philippines.   The exception is if the spouse dies and there are minor children from the marriage.

https://immigration.gov.ph/images/MemorandumCircular/MemoCircNo.SBM2014-009.pdf

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

I suspected as much but was more commenting that it seems we could go under the radar if our wife was to pass away 1st as she isn't required to sign the ACR renewal document.

One major concern is that such a policy could result in splitting up a family - the widowed partner loses his 13A so has to leave their child/children here if they are no longer minors.

Food for thought.