Affidavit of Support and Guarantee Requirements Philippines

Affidavit of Support and Guarantee Requirements in the Philippines: A Comprehensive Overview
(Disclaimer: This article is for general informational purposes only and does not constitute legal advice. For specific concerns regarding your situation, consult a qualified attorney or contact relevant government agencies.)

1. What is an Affidavit of Support and Guarantee?

An Affidavit of Support and Guarantee (AOSG) is a legal document executed by an individual (the “sponsor”) to show financial capacity and moral obligation to support another person (the “beneficiary”)—often a foreign national, a relative, or a minor—during their stay in the Philippines. By signing this affidavit, the sponsor undertakes the responsibility of covering the beneficiary’s expenses, such as board, lodging, travel costs, and, if necessary, repatriation to their home country.

In the Philippine context, the Affidavit of Support and Guarantee is typically presented before the Bureau of Immigration (BI) or other relevant agencies (e.g., the Department of Foreign Affairs [DFA] for visa applications) to demonstrate that the beneficiary will not become a public charge or violate local immigration regulations.

2. Legal Basis and Governing Agencies

  1. Philippine Immigration Act of 1940 (Commonwealth Act No. 613)

    • The Bureau of Immigration (BI) enforces immigration regulations and may require evidence of financial support to ensure that a foreign national does not overstay or become dependent on public resources.

  2. Other BI Memorandum Circulars and Internal Guidelines

    • From time to time, the BI issues guidelines or memorandum circulars directing specific documentation requirements, including Affidavits of Support and Guarantee for specific visa categories or circumstances.

  3. Department of Foreign Affairs (DFA)

    • When applying for certain visas at Philippine embassies or consulates abroad, the DFA often mandates the presentation of an AOSG (or an equivalent document) to ensure the applicant has sufficient support during the visit or stay.

While the above laws and regulations primarily govern the requirement of an AOSG, local notarial law and rules on affidavits (found in the Rules of Court and the 2004 Rules on Notarial Practice) govern the form, notarization, and legal enforceability of these documents.

3. Common Scenarios Where an Affidavit of Support is Required

  1. Foreign Nationals Visiting the Philippines

    • If a Filipino citizen or Philippine resident is inviting a foreign friend, fiancé(e), spouse, or relative for a temporary visit (e.g., tourism), an AOSG may be required to demonstrate that the foreign national’s expenses and accommodation will be covered.

  2. Minors Traveling to or from the Philippines

    • If a minor travels without parents or without sufficient proof of self-support, authorities (Immigration or the airline) may require an AOSG from the sponsoring parent/guardian.

  3. Visa Extensions and Other Immigration Benefits

    • When a foreign national applies for an extension of stay or a change of visa classification (e.g., from a Tourist Visa to a Special Resident Retiree’s Visa [SRRV]), the BI might request an AOSG to confirm financial capacity.

  4. Immigrant Visa Petitions (Family-Sponsored)

    • In some family-based immigrant petitions, the petitioner may submit a letter or affidavit guaranteeing support, although this is typically more relevant for visas under other jurisdictions (e.g., U.S.). Locally, the principle is similar if the Philippine government requires proof of sponsorship.

4. Essential Elements of an Affidavit of Support and Guarantee

  1. Title or Heading

    • The document is typically titled “Affidavit of Support and Guarantee.”

  2. Introduction (Affiant’s Personal Details)

    • Full name of the sponsor (affiant), age, citizenship, address, and other contact information.
    • Statement of the affiant’s legal capacity to execute the affidavit (e.g., “I am of legal age, a Filipino citizen, and with capacity to contract.”)

  3. Statement of Purpose

    • Explanation of why the affidavit is being executed (e.g., for visa application, for immigration compliance, to prove financial support).

  4. Identification of the Beneficiary

    • The name, nationality, passport details (if applicable), and relationship to the sponsor.

  5. Details of Support and Guarantee

    • Explicit mention that the sponsor undertakes to shoulder the beneficiary’s travel expenses, accommodations, daily living expenses, and, if necessary, the cost of repatriation.
    • Assurance that the beneficiary will not become a public charge.

  6. Undertaking of Moral and Legal Responsibility

    • Affirmation that the sponsor shall be held responsible if the beneficiary fails to comply with immigration rules and regulations.

  7. Date, Place of Execution, and Signature

    • The affiant’s signature must be placed on the affidavit.
    • The affidavit must indicate the date and place where it was signed.

  8. Notarization or Consularization

    • The affidavit must be notarized by a notary public within the Philippines if executed locally.
    • If executed abroad, it must be consularized at the Philippine Embassy or Consulate with jurisdiction or apostilled (depending on the applicable international agreements in the host country).

5. Required Supporting Documents

Alongside the affidavit itself, the sponsor may be required to submit the following documents to prove genuine capacity to support:

  1. Proof of Income

    • Recent payslips, employment certificates, or business permits (if self-employed).
    • Income Tax Return (ITR) to show consistent earning capacity.

  2. Bank Statements

    • At least three to six months of updated bank statements or bank certification showing sufficient funds.

  3. Proof of Accommodation

    • A copy of a lease agreement, proof of home ownership, or hotel reservation for the beneficiary’s stay in the Philippines.

  4. Identification Documents

    • Photocopies of the sponsor’s valid government-issued ID (e.g., Philippine Passport, Driver’s License).
    • Passport copies or IDs of the beneficiary.

  5. Relationship Documents (if applicable)

    • Marriage certificate, birth certificate, or other documents proving familial or spousal relationship.

The Bureau of Immigration or the Philippine Embassy/Consulate may request additional documents depending on the beneficiary’s circumstances (e.g., medical insurance, travel itinerary, return flight tickets).

6. Procedure for Execution and Submission

  1. Drafting the Affidavit

    • The sponsor can draft the affidavit based on a template provided by the BI or a standard form available from notaries or legal offices.

  2. Notarization (within the Philippines)

    • Bring the final draft of the affidavit to a notary public.
    • Present a valid ID to the notary.
    • The notary will sign, seal, and place a notarial stamp on the affidavit.

  3. Consularization or Apostille (if executed abroad)

    • If the sponsor is abroad, the affidavit must be executed before a Philippine Embassy/Consulate for consular notarization.
    • Alternatively, if the host country is a signatory to the Apostille Convention, the affidavit must be notarized by a local notary and then apostilled in that country before being recognized in the Philippines.

  4. Submission to Relevant Agency

    • Submit the notarized or consularized affidavit to the Bureau of Immigration (or to the DFA if part of a visa application) along with required supporting documents.
    • Pay any applicable filing or processing fees.

  5. Follow-Up and Possible Interviews

    • The BI or Embassy/Consulate may require a personal appearance by the sponsor or the beneficiary to verify authenticity.
    • Keep copies of the affidavit and supporting documents for reference.

7. Validity Period

The validity of an Affidavit of Support and Guarantee typically depends on the purpose for which it was issued:

  • For Tourist Visa or Temporary Visitor’s Visa Applications:
    Valid for the duration of the visa application process (usually up to the date of travel or a short period thereafter).

  • For Other Immigration-Related Purposes:
    Some affidavits may be valid for a single entry or a specific application process. If the beneficiary applies for a different type of visa or extends their stay, a new or updated affidavit (and proof of financial capacity) may be required.

8. Legal Implications and Penalties

  1. Misrepresentation or Fraud

    • Submitting a falsified or fraudulent affidavit is a criminal offense. Both the sponsor and beneficiary could be subject to legal penalties (e.g., fines, imprisonment, or deportation in the case of a foreign national).

  2. Civil Liabilities

    • The sponsor may be held civilly liable for any debts incurred by the beneficiary if the affidavit explicitly states such responsibility.

  3. Immigration Violations

    • If the beneficiary overstays or violates immigration laws, the BI may hold the sponsor accountable, especially if the sponsor failed to fulfill the guarantee for repatriation or support.

9. Practical Tips and Best Practices

  1. Ensure Genuine Financial Capacity

    • Do not file an AOSG if you do not have real, demonstrable financial capacity. Always back up your affidavit with actual evidence (bank statements, payslips, etc.).

  2. Maintain Clear Records

    • Keep all original receipts, documents, and copies of the affidavit in a secure location. These may be required for future reference or if the BI requests additional information.

  3. Communicate with the Beneficiary

    • Make sure the beneficiary fully understands their obligations, the duration of their authorized stay, and the importance of complying with immigration rules.

  4. Consult Authorities or a Lawyer

    • For complex matters (e.g., long-term stays, special visa categories), it is prudent to consult the BI directly or seek legal counsel to ensure compliance with all requirements.

  5. Stay Updated

    • Philippine immigration policies can change. Regularly check the Bureau of Immigration website (immigration.gov.ph) or the relevant Philippine Embassy/Consulate website for updated guidelines and forms.

10. Conclusion

An Affidavit of Support and Guarantee is a critical document in Philippine immigration and legal practice—demonstrating a sponsor’s financial and moral commitment to support a beneficiary’s stay in the country. While the process of drafting, notarizing, and submitting the affidavit may seem straightforward, it is essential to follow the specific guidelines set by the Bureau of Immigration and the Department of Foreign Affairs to avoid delays or legal complications. Always ensure the affidavit is accurate, properly notarized or apostilled, and supported by genuine documents that prove your capacity to sponsor.

When in doubt, consult an attorney or contact the BI/DFA to clarify any nuances. Proper compliance with the AOSG requirements helps safeguard both the sponsor and the beneficiary, ensuring a smooth and lawful visit or stay in the Philippines.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

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