Eligibility Quiz
Was the child born in the Philippines?
Overview
The 13(C) Non-Quota Immigrant Visa is a permanent residency pathway for children born in the Philippines to foreign parents who already hold a valid 13-series immigrant visa. Unlike other visas that require a separate petition based on employment or investment, the 13(C) is a "derivative" status, meaning the child’s right to stay is derived directly from their parent’s established residency.
It is important to distinguish this from the 13(B) visa; while 13(B) is for children born abroad during a temporary visit by a resident mother, the 13(C) is strictly for children born on Philippine soil after the parent has already secured their immigrant status. This pathway is governed by the Philippine Immigration Act of 1940.
Legal Framework and Limitations
The 13(C) visa is a permanent status, but it is tethered to the parent's status. If the parent’s 13-series visa is cancelled or downgraded—for example, if a 13(A) visa is revoked following the annulment of a marriage—the child’s 13(C) status may be subject to review or cancellation.
Furthermore, while the residency is permanent, the physical Alien Certificate of Registration Identity Card (ACR I-Card) is not. It must be renewed, typically every five years, and the holder is required to participate in the Annual Report within the first 60 days of every calendar year to maintain their status in good standing.
Rights as a 13(C) Visa Holder
As a permanent resident under the 13(C) category, you are granted significant privileges that align closely with the rights of the principal immigrant parent:
- Indefinite Stay: You have the right to live in the Philippines permanently without the need for frequent visa extensions, provided the parent's underlying visa remains valid.
- Work Rights: You are generally exempt from the Alien Employment Permit (AEP) requirement. However, you may still need to obtain a Certificate of Exclusion from the Department of Labor and Employment (DOLE) to present to employers.
- Travel Privileges: You enjoy multiple entry and exit privileges. You do not need to apply for a separate entry visa when returning to the Philippines, though you must pay applicable travel taxes and secure an Emigration Clearance Certificate (ECC) or Re-entry Permit (RP) upon departure.
- Path to Naturalization: Years spent in the Philippines under a 13(C) visa count toward the residency requirements for administrative or judicial naturalization, should you eventually choose to apply for Philippine citizenship.
- Access to Services: You may enroll in schools and access local banking and health services (PhilHealth) under the same conditions as other legal permanent residents.