[HK Blues]

and you can still retain the 13a?

3. Special Focus: Widowed Foreign Residents

Scenario	Immigration status after Filipino spouse’s death	Annual‑report impact
Provisional 13(a) (marriage < 5 yrs)	Visa automatically expires on spouse’s death. Must convert (e.g., to TRV, SRRV) or leave.	Annual report no longer accepted once visa lapses.
Permanent 13(a) (marriage ≥ 5 yrs and still valid at death)	Retains permanent resident status under BI rules (Ops Order JHM‑2013‑001).	Must continue the annual report each year.
13(g) (former Filipino spouse)	Death does not affect status.	Annual report continues.
Special Resident Retiree’s Visa (SRRV) holder	Spousal status irrelevant; governed by PRA rules.	Still reports annually via BI counters at PRA One‑Stop Shop.

Practical tip: When a Filipino spouse dies, the alien‑widow should bring the PSA‑issued death certificate and request the BI to annotate the marital status in its database at the next annual report. This avoids mismatched records that can block future extensions or ACR renewal.

 

[HK Blues]

Helpful info, nice one, from a Filipino law firm, which brings some clarity.
Notice they say communications with the Bureau of Immigration (BI) is key, notifying them soonest, plus using a Visa Specialist or licensed Attorney, seems sensible.

Visa Application Process for Foreign Widowers in the Philippines

www.respicio.ph

Visa Application Process for Foreign Widowers in the Philippines

Yep...it's not as simple as the chart I posted would suggest - the possibility to retain permanent residence exists but it's discretionary and by no means automatic.

 

[HK Blues]

Any visa in any country is at the discretion of an immigration officer.
Me and the wifey are the same age and its definitely the option i would try first if she was to before me. I would struggle to qualify for the SRRV, as i couldn't prove an income from abroad, as most of our assets are here in the Philippines. Lived here since i was 30 in case anybody is wondering.

There is a big difference between a catch-all that states that the granting of a Visa is at the discretion of an immigration officer and a Visa which is purely discretionary - the granting of a permanent 13a visa to a widower is purely discretionary.

 

[HK Blues]

So it’s luck of the draw to keep it, great info everyone 👍

The word discretionary has to be interpreted -
The level of discretion the immigration officer at the airport uses when they issue you a 30-day tourist visa is very different to that the BI will use when they consider a request for a widow/widower to retain their 13a. Both are subject to discretion but a whole different level.

 

[HK Blues]

yep I agree, better make sure other half out lives me hahaha

That's both I and my wife's gameplan!

 

[HK Blues]

Do you have any actual sources (laws) to back that up?

I'm questioning that website because they defined provisional and permanent wrong; the provisional becomes permanent after one year, not five.

Nope...all I have is what I copied and pasted from the website.

P.S. where have they defined provisional as 5 years?

 

[HK Blues]

In the line you quoted:

No...that refers to the length of marriage, not the provisional 13a length.

 

[HK Blues]

If you are on a Provisional 13A (one year) or married for less than 5 years, the 13A expires upon the Filipino's death; you then convert to a tourist visa, SRRV or leave the country.

If you are on a Permanent 13A (you have to apply whilst on the Provisional 13A) and have been married for over 5 years, the 13A will continue, with annual reporting each year.

This is based on websites from law firms and specialists, which may provide a faithful interpretation of the legislation, but until we see the original legal source, we cannot be certain.

I think, bearing in mind the difficulties surrounding a partner's death and the importance of getting it right first time, I'd want to have a recommended specialist/lawyer who has experience in this particular situation to help me with the BI.

A perfect summary of what I understand - the key point being it is by no means automatic that the 13a will continue but it's possible subject to certain criteria being met.
For me, I would pop along to my local BI first and see how the land lies in of getting the approval - for obvious reasons legal firms will make a meal of something that may be no more than a formality but who knows?
The actual legislation is quoted in the screenshot I provided but I'm not inclined to wade through it for now as it's very much a 'tomorrow issue' and things may change tomorrow!

 

[HK Blues]

You posted a sceenshot of a website with no legislation quoted.

Where exactly is the 'actual legislation', I'll gladly wade through it.

Ops Order JHM‑2013‑001

 

[HK Blues]

Do you have any actual sources to back up your claim that is "actual legislation"?

I suggest you the source of the information directly for any clarification you require.

 

[HK Blues]

Googling JHM‑2013‑001 didn't bring up any result.

Again, I would the BI if it was a live issue for me...I'd only a lawyer/attorney if the BI suggested it would help.
My plan is to keep looking after the wife to ensure she outlives me!

 

[HK Blues]

Yeah, the other option of marrying the mother-n-law isn't that attractive

I'd need photographic evidence before commenting further!

 

[HK Blues]

Always good advice.

I'll make another suggestion; before claiming a random website is posting 'actual legislation', .

You have a good evening now.