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13A Visa Question : What will visa status be if my Filipina wife predeceases me

3.6K views 81 replies 16 participants last post by  HK Blues  
Discussion starter
14 posts · ed 2024
I found very little on this topic in my internet searches.
Since this is a possibility, I would like to know how this would affect me before deciding on the type of Visa to apply for before relocation.

Thanks for any help on this.
 
James Biron is a PRA marketer.
A PRA marketer is allowed to charge fees


I love it when you guys just make these blanket statements with no cites and just expect us to accept what you say because you know all truths lol.

And technically you are correct, for services beyond the SRRV advice and counsel and to a limited degree. However, those charges YOU mentioned? $500? $2500? No way. I have the contract in front of me that I can cite. You can check it yourself on a search engine:

"The MARKETER is discouraged from charging fees from its retiree-applicants other than the SRRV application and annual fees, however, in the event that charging of additional fees (e.g. professional and/or service fees necessary and incidental to defray expenses incurred by the MARKETER) is inevitable,all eenses/charges must be properly documented fir the purpose of transparency."

So the guy is a lawyer and he can charge for lawyer services like getting the overstayer off the hook. But he cannot pay for activities and counsel associated with the SRRV application. He can charge for having someone take you around town or pick ypu up at the aitport and take you to PRA etc. and to the agencies for documentation but for acquisition of the visa: zero.

And I want to repeat that the SRRV application was not stressful to me or my wife or to anybody I know, really, especially if they used Mary Rose. ittedly if the client overstayed throughout the pandemic it would probably be better to use that person than Mary Rose but for normal applications she is highly recommended by many expats including myself and she complies with the above-stated PRA policy.
 
I'm sure Mary is fine too. I used James Biron several years ago when he was free and he did a fantastic job. He "knows" the people running that office in Makati and was able to get my Srrv expedited to meet a deadline for me flying out of the country back home. I saw it with my own eyes.

If I had to do it again today, I would pay him for his services. No doubt about it.

It's a blanket recommendation from first hand experience. I think that's what people reading this thread are looking for.

Howard even went to the trouble to post offical proof about the legality of charging so not sure how he's asking anyone to just believe him, but his first hand experience should be enough anyways.
 
I think to be fair did they not change the charges that can be made. Like most things here don’t expect the rules followed by the book. Example is PAO service that’s free to use which we did with the land purchase, you can’t give them money but behind the scenes you make sure they are thanked.

I think as long as you get the visa and it’s smooth running personally I don’t care if someone pays for that service x amount or not. If that individual is happy so what at the end of the day.
 
Dan,

You are misinformed.

But, I have no skin in this game.
I already have my SRRV.
And James Biron is my go-to man for anything regarding my SRRV. (and anything else)
James also renewed my SRRV one year when I was not in Philippines to do it myself.

I get nothing from arguing with you, and so I will not.

Eventually you will realize you are not correct.

I have better things to do.

Enjoy the Philippines.
 
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.
 
I'm not sure why someone here is so intent on impugning someone else's integrity. And the 'my PRA rep is better than your PRA rep' stuff is just childish. I'm sure your rep is the greatest.

As for me, I do not recall being charged anything for SRRV services. The SRRV application was fairly routine. Although the WISE process of funding the Classic with Pension was a little tricky doing it from overseas (here). And the FBI clearance was all new to me too. Getting local police to do it was kind of funny actually! Prisoners in the jail were handing me alcohol spray to get the ink off my fingers, etc.

As for the other matter, I am extremely happy that Mr Biron personally handled my overstay issue. By approaching BI with my personal information, including my immigration status, I was identifying myself to BI as 'subject to immediate deportation' and I was also disclosing my location to BI. I could have been immediately deported. My life (wife & son) is here now, so (permanent) deportation was a potential fiasco.

That's when having a bright, knowledgeable, helpful immigration expert with a solid legal background and a stellar reputation, who is on very good with various BI staffers and officials comes in handy. To plead my case. Could I have done it successfully without local help? I seriously doubt it.
 
HK Blues said:
Provisional 13(a) (marriage < 5 yrs)Visa automatically expires

Permanent 13(a) (marriage ≥ 5 yrs and still valid at death) Retains permanent resident status
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.
 
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.
 
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!
 
(Edited)
HK Blues said:
No...that refers to the length of marriage, not the provisional 13a length.
The parenthesis say otherwise.

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.
At least that makes sense, unlike the website.

until we see the original legal source, we cannot be certain.
Correct. From my own experience a provisional 13a won't cut it, and an expat widower with a child will, but the rest (over / under 5 years of marriage) has nothing official to back it up. Could be unofficial common practice, though I suspect the only way to get a definitive answer is if it's you in that situation dealing with the BI.
 
safdarkhandubaiuae said:
If your wife precedes you you will loose the 13a because it's her that requests the visa on your behalf. You will automatically revert to a tourist.
Only if probationary 13a.

If the process is already complete, the wife's part is done.

At that point the BI can do whatever they want, and this thread is about highlighting what they usually do and why.
 
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