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| Immigration says 95% of travelers will need to present only basic documents |
The revised guidelines for Filipinos traveling abroad that are due to take effect on Sept. 3have elicited widespread criticism, if not anger, from many people, including legal experts who have condemned it as an unnecessary restriction on the right to travel, and may even be unconstitutional.
The news
rules were made public on Aug. 22 by the Inter-Agency Council Against
Trafficking (IACAT), which also said they are meant to better protect Filipinos
from human trafficking.
This is
despite the Philippines being given a tier 1 ranking by the United States
Trafficking in Persons Report for the past eight years, which means it has been
able to sufficiently address the problem.
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But in a
statement, the IACAT said that the issue of human trafficking is evolving, and
that some Filipinos posing as tourists may actually be looking to work
overseas.
As part
of the new regulations, overseas Filipino workers may be asked to show
additional proof that they are gainfully employed abroad, apart from the overseas
employment certificate (or the OFW Pass which is meant to replace it soon)
which presumes that their employment status has already been checked by
relevant authorities.
In
particular, those returning to their work sites after a vacation in the Philippines,
may still be asked for additional proof of
employment, at the discretion of the Immigration officer at the departure
gates.
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Travelers
who are being sponsored by a Filipino residing abroad, whether relative or not,
will have to present a number of documents, from an original birth or marriage
certificate issued by the Philippine Statistics Authority, to all sorts of
proof showing the legal status of the sponsor.
If the traveler
and the sponsor are not immediate family members, the sponsor will also have to
secure an “Original Affidavit of Support and Guarantee” which should be
notarized by the Philippine consulate or embassy at the destination country.
For all
other travelers, there are only four major documents required: a passport
valid for no less than six months from the departure date, a boarding pass, the
appropriate visa if necessary, and a confirmed return ticket or round-trip
ticket.
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However,
if the traveler does not pass the primary inspection, they will undergo a
secondary inspection lasting 15 minutes, where more documents may be required, including
financial proof and employment records.
Passengers
who are determined to be “potentially trafficked during secondary inspection”
will be stopped from leaving and turned over to the IACAT at the airport, along
with their passports and other documents.
The
IACAT in turn will turn over documents to the appropriate law enforcement
agency for the possible filing of charges. On the other hand, passengers who
are marked in this manner may also file civil, criminal, or administrative
cases.
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In follow-up interviews, the Department of Justice, which supervises the Bureau of Immigration, said 95% of travelers should be cleared for departure using just the basic documents.
But
critics, including former Solicitor General Florin Hilbay, said the new rules
violated the constitutional right of every Filipino to travel.
In a
post on X (formerly Twitter), Hilbay said:
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“(1) An
unconstitutional sleight of hand: from right to travel to permission to leave.
(2)
Gives immigration officials wide latitude to harass migrant workers.
(3)
Another opportunity for corruption.
(4) Can
be used to harass critics of government.
(5)
Longer lines at airports.”
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Another
netizen, Leonard Luzon, likened the rules to a “reverse visa while being a
citizen of your own country.”
Another,
who uses the handle @Writenowbro, posted, “OFWs save the day whenever our
economy needs steady funds. They increase remittances whenever needed. Why make
it hard for them to travel and work?
Former
Senator Ping Lacson chimed in, “Simplifying visa applications for foreign
tourists visiting the Philippines while complicating the requirements for
Filipinos traveling to other countries is the most annoying irony in our
nation’s history.”
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| Critics say the new rules will mean longer waiting time for all Filipino travelers |
Here are the new rules that will be applied to different types of Filipino travelers leaving the country starting on Sept. 3.
BASIC TRAVEL DOCUMENTS FOR ALL:
-
Passport (valid at least six months from the date of departure)
-
Appropriate valid visa, whenever required
-
Boarding pass
-
Confirmed return or round-trip ticket, when necessary
FOR TOURISTS ON SELF-FUNDED
TRAVELS
-
Confirmed return or round-trip ticket
- Proof
of hotel booking/accommodation
-
Financial capacity or source of income consistent with the passenger’s declared
purpose of travel
- Proof
of employment and other equivalent documents.
FOR THOSE ON SPONSORED TRAVELS
If the sponsor abroad is a
relative within the 1st civil degree of the passenger:
-
Original Philippine Statistics Authority (PSA)-issued birth certificate/report
of birth or marriage certificate/report of marriage
-
Confirmed return or roundtrip ticket
- Copies
of the following documents of sponsor: valid passport; valid work visa/permit,
residence permit or any equivalent document; and overseas employment
certificate (OEC), e-receipt, or OFW clearance, for OFW sponsors
If the sponsor abroad is a
relative up to fourth civil degree of consanguinity or affinity, unless
otherwise limited by the Philippine embassy or consulate exercising
jurisdiction:
-
Original Affidavit of Support and Guarantee (AOSG)
-
Confirmed return or roundtrip ticket
-
Original PSA-issued birth certificate/report of birth or marriage
certificate/report of marriage showing the exact relationship between the
passenger and the sponsor.
If the sponsor abroad is a
non-relative or a legal/juridical entity:
-
Original Affidavit of Support and Guarantee, Notarized
-
Substantial proof of relationship
-
Confirmed return or roundtrip ticket
- If a
legal/juridical entity, registration papers of the sponsor
If traveling with a local sponsor:
- Duly
notarized affidavit executed by the local sponsor
-
Substantial proof of relationship
- Copy
of the sponsor’s return ticket consistent with that of the passenger
FOR OVERSEAS FILIPINO WORKERS
OFWs
departing for the first time:
- OEC,
E-receipt, or OFW clearance duly issued by the Department of Migrant Workers
(DMW) as appearing in the Border Control Information System (BCIS)
- Valid
and appropriate employment visa or work permit or any equivalent document
-
Employment contract, as necessary
- Visa
Usage Undertaking or Manpower Request specifying visa usage approved or
verified by the Migrant Workers Office (MWO), if applicable
For
Balik-Manggagawa:
- Valid
and appropriate employment visa/work permit or any equivalent document
- OEC issued on-site by the MWO or by the DMW or Migrant Workers Airport Assistance Center (MWAAC), or Online BM OEC Exemption or manually issued OEC
- Proof
of employment, as necessary
For
direct hires:
- OEC,
E-receipt, or valid OFW clearance
- Proper
and valid work visa/work permit or any equivalent document
For OFWs traveling to other
countries during their vacation in the Philippines:
- If the
OFW will travel to other country/ies for tourism, but will return to the
Philippines before proceeding to his/her jobsite, the OFW shall undergo the
usual immigration inspection for tourist travelers.
- If the
OFW will travel to other country/ies for tourism, but will proceed directly to
his/her job site, a valid OEC may be required.
OFWs requiring special travel exit
clearance in lieu of OEC:
-
Locally employed seafarers (conduction crew) who will be manning a Philippine
Registered Ship’s conduction from a foreign port to the Philippines
-
Seafarers who will undergo orientation and other analogous circumstances as a
requirement before their employment, as the prospective foreign employer
prescribes. The foreign employer must be accredited by a licensed local manning
agency
-
Emergency change crew for Philippine registered vessels docked in international
ports.
MINORS
Minors traveling with parents:
Minors
traveling with parents may be required to present their original Philippine
Statistics Authority (PSA)-issued birth certificate or report of birth. The
IACAT added that a minor traveling without the mother may be asked to show a
copy of his or her parents’ PSA-issued marriage certificate.
The
revised guidelines also state that the following may be asked to show a travel
clearance certificate (TCC) or a certificate of exemption from the Department
of Social Welfare and Development (DSWD):
-
Passengers traveling with a minor may be asked to present a DSWD TCC if the
parents are not married and the minor is traveling without the mother; if the
minor is traveling with a person other than his/her parent/s; or if the passenger
is over 18 years old but unable to fully take care of himself/herself or
protect himself/herself from abuse, neglect, cruelty, exploitation or
discrimination because of a physical or mental disability or condition.
- Minors
13 years old and above who are traveling alone may be asked to present a DSWD
TCC. Those below 13 years old are absolutely prohibited from traveling on their
own.
-
Passengers traveling with a minor may be asked to present a DSWD certificate of
exemption from TCC if the parents are not married and the minor is traveling
with the biological father who has sole parental authority or legal custody
over the minor; or when the traveling companion is the legal guardian.
- A
certificate of exemption from TCC may also be asked of orphans of married
parents and who are traveling with the substitute parent/s (grandparent or
nearest kin), as well as orphans of non-married parents and who are traveling
with the substitute parent/s or nearest kin on maternal side.
Adopted Minors:
- For
adopted minors with an Order of Adoption but pending issuance of a new
PSA-issued birth certificate, a travel authority for the adoptive parent/s and
adopted minor issued by the National Authority for Child Care (NACC) may be
needed.
-
Prospective adoptive parent/s traveling with a minor subject of pending
domestic adoption proceedings may also need a DSWD travel clearance certificate
if the proceedings are pending with the NACC. If the proceedings are pending in
courts, what may be required is a manifestation or notice about the intended
travel, duly received by the court where the case is pending, and filed at
least 7 calendar days before the intended date of travel.
-
Prospective adoptive parent/s traveling with a minor subject of pending
inter-country adoption proceedings may be asked to present a travel authority
for the prospective adoptive parent/s issued by the NACC; a travel clearance
certificate for adoptee issued by the NACC; and clearance from the Commission
on Filipinos Overseas.
FOR STUDENTS
Immigration
officers may ask for the following documents from students or scholars:
-
Acceptance letter issued by the institution or school abroad
-
Duly-notarized affidavit executed by the scholar/student indicating the name of
the educational institution and the duration of the course or program of study
-
Confirmed return or roundtrip ticket consistent with the duration of the
program, if practicable
- Proof
of financial capacity or academic scholarship/funding/support
- If
applicable, endorsement from the National Commission on Muslim Filipinos (NCMF)
for Arabic language scholars
- For
basic education students under an international exchange program or joining a
competition abroad, a certification issued by the School Division
Superintendent shall be presented. If said student is a minor traveling without
the parents/legal guardian, a DSWD travel clearance certificate shall also be
required
Students
under the International Student Affairs Program or Student Internship Abroad
Program of the Commission on Higher Education (CHED) may require an endorsement
from CHED to be able to leave the country.
FOR OTHER KINDS OF PASSENGERS
Dependent family members joining
an OFW at the job site:
- Valid
dependent visa or any equivalent document
- Copies
of the OFW’s valid visa and OEC, E-receipt, or OFW clearance
Passengers with prospective
employers abroad:
-
Confirmed return or round-trip ticket consistent with the duration of the
travel
-
Relevant documents relating to the purpose of the travel
-
Duly-notarized affidavit executed by the passenger indicating the purpose and
duration of travel
Passengers traveling abroad for a
compassionate or humanitarian visit to a Filipino overseas:
-
Certification from the DMW or the Department of Foreign Affairs, through its foreign
service posts, specifying the purpose of the travel
Passengers traveling for
intra-company transfers or intra/inter-company trainings:
-
Intra-company transferees: Proof of local employment as certified by the
Department of Labor and Employment (DOLE); and secondment agreement between the
local/domestic company and the foreign host company, as necessary
-
Intra/Inter-company trainees: Proof of local employment as certified by DOLE;
and traineeship agreement, duly authenticated by the Philippine embassy or
consulate where the training or skills enhancement shall be conducted, as
necessary
Filipino volunteer workers:
-
Endorsement from the Philippine National Volunteer Service Coordinating Agency
Hajj pilgrims to Mecca:
-
Endorsement/List of pilgrims from the NCMF
Filipino donor traveling for
organ donation or organ transplantation:
-
Department of Health clearance approving the organ donation or organ
transplantation
Government-endorsed trainees for
skills enhancement:
-
Department of Agriculture-Agricultural Training Institute (DA-ATI)’s trainees:
DA-ATI endorsement
- TESDA
Trainees for Agro-Studies: TESDA endorsement
- Other
government-endorsed trainees: Endorsement from the concerned government agency
Non-government endorsed trainees
for skills enhancement:
-
Confirmed return or roundtrip ticket for programs 6 months and below
-
Traineeship contract apostilled or duly authenticated by the Philippine embassy
or consulate
-
Duly-notarized affidavit executed by the trainee indicating the name of the
training institution and the duration of the training
Passengers requiring clearance
from the Commission on Filipinos Overseas (CFO):
-
Filipino spouse, fiancé(e), or a partner of a foreign national with
immigrant/resident/spouse/long-term/partner/prospective-marriage/family-reunification
visa and other similar visas
- First
time Filipino emigrants, holders of residence visa or permit/holders of
Permanent Resident Card registering for the first time with CFO
-
Filipino J1 Visa Holders or Exchange Visitors Program Participants bound for
the United States of America
-
Passengers traveling under Au Pair Visa
According
to the IACAT, passengers not specifically falling under any of the mentioned
categories shall undergo the required immigration inspection and show documents
“that would sufficiently establish their purpose of travel.” (compilation
of the new regulations from CNN Philippines)
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