November 10, 2016

Expats’ Guide to: Overstaying

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  • Expats’ Guide to: Overstaying
  • Overstaying is a serious matter for anyone who’s looking to visit the Philippines. Much like how Filipinos get deported when they overstay with a tourist visa overseas, any foreign national caught overstaying will get deported.

    OVERSTAYING. It involves jail time, fines, and never being able to go back to the Philippines. Make sure you visit  the Bureau of Immigration before your visa expires. Image grabbed from Philippine Directory

    There’s a lot of information going around the internet about how to avoid getting caught, but overstaying will still be overstaying and if you get caught, you’ll never be able to go back to the country ever again. There’s also a lot of information about when can you be considered as overstaying, which can sometimes be inaccurate.

    Here’s a simple guide to the basics of overstaying and what you should be doing in case you are about to go beyond the stay your visa will allow:

    What is overstaying?

    You’re an overstaying national if you’ve exceeded the maximum number of days your visa allows. This poses a problem, though, as 163 countries are allowed visa-free entry into the Philippines for anywhere between seven to 59 days.

    passport-1402644_1920

    ENTRY, EXIT, AND TRANSIT. Take note of these colors and stamps, as they are crucial to whether or not you’ll be allowed back into the country. Image grabbed from pixabay

    Out of these 163 countries, only Brazilians and Israelis are allowed to stay for 59 days without a visa. Anyone who wants to stay beyond 59 days will have to be brought up with the Bureau of Immigration (BI); otherwise, you’ll be sent home packing, no questions asked.

    You won’t be able to get away with overstaying in the Philippines since you’ll be deported and blacklisted, i.e. you’ll never be able to go back in the country again. If you want your Black List Order (BLO) lifted, you’ll have to file a letter of request addressed to the Commissioner of the BI. It’s best to get assistance from an immigration lawyer to have this arranged for you.

    What to do if you’re about to overstay

    If you’re about to be tagged as overstaying, there’s really only one thing you can do: go to nearest immigration office or the BI main office seven days before your visa expires and settle everything that needs to be settled (fees and documents).

    The process will depend on the length of your stay, but the most you can extend is 6 months. You can still stay in the Philippines without actually extending your stay for 6 months as long as your passport remains valid, but you’ll already be tagged as overstaying the moment it goes beyond what your visa or visa-free entry allows.

    As most foreign nationals visiting the country are from countries that do not require a visa for a visit of at most 30 days, we’ll put a focus on getting a Visa waiver, issued to tourists who want to request for an initial extension of 29 days.

    Note: Before you proceed to the Bureau of Immigration to process your visa extension, please go through this checklist of documentary requirements for a tourist visa extension.

    1. Fill out and submit a completely filled-out application form and attachments together with the passport to the frontline officer at the BI Main Office, Magallanes Dr., Intramuros, Manila or visit the nearest immigration office that processes an “Extension of Authorized Stay of Temporary Visitors”.
    2. If you do not have any derogatory records, you’ll be issued a BI Clearance Certificate. If you have a derogatory record, you’ll be asked to go to the Verification and Certification Unit for Clearance.
    3. Once cleared, secure an Order of Payment Slip and proceed to the Cashier for payment. You have to pay a total of p3,030, broken down as follows:
      • Visa waiver – P500
      • Visa waiver application fee – P1,000
      • Certification fee – P500
      • Legal Research Fee (LRF) for each immigration fee except Head Tax and Fines – P30
      • Express Fee – P1,000
    4. Submit the Official Receipt with the application form, attachments, and passport to the receiving/assessment officer.
    5. Once all your requirements are verified, your passport will be stamped with your requested extension of stay.

    If you want to go beyond 59 days, you should get a Long-Stay Visitor Visa Extension, or LSVVE. The process is similar to getting a visa extension, but it will involve a much higher fee of P11,500, broken down as follows:

    • Extension fee – P3,010
    • Application fee – P910
    • ACR – P1,010
    • Head Tax – P250
    • ECC – P710
    • Certification fee – P510
    • I-Card – P2,100
    • Express Lane Fee – P1,500
    • Express Lane Fee (Certificate) – P1,000
    • Express Lane Fee (I-Card) – P500

    Fine for overstaying is at P500 per month. You’ll also be charged an additional P500 if you go beyond the maximum allowable stay or if you’ve overstayed for more than 6 months to get a Motion for Reconsideration on Updating and Extension of Authorized Stay.

    For more information on visa fees, fines, and processes, please visit the Bureau of Immigration website.

               
               
    Recent Comments

    Unlike what many people think, overstaying is not a crim in the Philippines. However if you do a crim then being overstay will add to your crim.
    If you don’t have money to pay your overstaying then you can get a letter from your embassy that you can’t pay your debt but you want to go back to your country. Then bring the letter to immigration. They let you leave the country (of course you need to buy your own ticket). But beside being deported you will be black list then you can’t enter Philippines up to 2 years. After 2 years you are allowed to come back, as soon as you pay your debt to Philippines immigration thro Philippines embassy in your country.
    Do not trust fixers. If your overstaying is more than 2 years and you are willing to pay in cash then you can get discount. As soon as you pay you have 14 days to leave the country but you can come back again if you want.

    Anonymous
    2 days ago

    Theres no jail time for overstaying, however being deported and not being able to go back here in the philippines is one of the possibilities.

    ★★★★★
    5 months ago

    Very Helpful!

    Anonymous
    5 months ago

    Can somebody tell me what to do, my friend overstayed here in the Philippines for 9 years, she is a US Citizen, will she be given a chance to leave the country?what are the pros and cons of this matter. thank you

    Anonymous
    5 months ago

    A former filipino can also pay for overstaying in the Philippines?

    Anonymous
    8 months ago

    i came to the Philippines in 2013, its 2020 now and I’ve Over Stayed here for almost 7 years now. anyone know what to do>? since Covid is going on i know Jail time is out of the Question. they wouldn’t put you there. and we cant be flown back to the US since Covid. unless you want a month of Quarantine.. anyojne have any ideas? ill be checking this Post to see for updates!!!

    ★★★★
    12 months ago

    As long as you do not try to LEAVE the Philippines you can come and live here for the rest of your life. JUST never go to the Immigration office. The system is based on the idea that at some point you will want to leave and then it’s all about getting money from you.

    12 months ago

    i have been in the Philippines for 11 years. My 9G missionary was expired on June 12, 2020. My question is :IS IT IN MY CASE CONSIDER OVERSTAYING IN THE PHILIPPINES ? and what i have to do now?

    Anonymous
    one year ago

    What happen if over staying for 3 years in the philippines?

    ★★★★★
    one year ago

    How do you make a sworn statement of overstaying??

    Anonymous
    one year ago

    i married a filipino on a tourist visa, until now i was not able to visit the embassy because i gave birth to my daughter. how much would be the fine if i file an extension? because me and my husband is planning to go back home to my country this October.

    Anonymous
    one year ago

    how much will i pay when i left my child in philippines for 2years? hes an american citizen but the parent still philippine citizen

    Anonymous
    one year ago

    Is all the satalite BI office open?

    ★★★★★
    one year ago

    Just renewed my Tourist VISA today. Face mask are a requirement. You wait outside until a window is available. If you do not separate yourself by one meter they send you to the back of the line outside. Looks like one applicant over stayed his VISA for less then 59 days. They would not renew his VISA and told him to get an attorney. Another person had a disagreement with one of the case workers. They sent him packing without renewing his VISA. I have renewed my Philippine VISA 8 times for 6 Months.. They now limit Tourist VISAs for 59 days. The Covid-19 virus has change the way they do business.

    Anonymous
    one year ago

    What happens when they over staying in 3 yrs and they not extend there visa?

    Anonymous
    one year ago

    whats the jail time for 6 years overstay?

    Anonymous
    one year ago

    they did not answer

    2 years ago

    What’s the jail time for 5 years overstay

    Anonymous
    2 years ago

    Very helpful!!!

    ★★★★
    2 years ago

    I just want to know how many days I have to wait to they give me my passport for overstay 1 year they said 20 working days but is too much.
    Another say 10 days. I’m waiting 5 days without days off. Can someone tell me how many days this process is able ?

    Anonymous
    2 years ago
    What do you think about this article?
    ★★ ★★★ ★★★★ ★★★★★

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