How to Obtain an Affidavit of Support

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Laws, regulations, and policies may change over time. For specific advice tailored to your situation, consult a qualified attorney or contact the relevant Philippine government agencies.

What Is an Affidavit of Support?

An Affidavit of Support (AOS) is a sworn statement by a person (the “sponsor”) declaring that they have the financial capacity and willingness to support another individual (the “beneficiary”)—often a relative, friend, or dependent—for a specific purpose. In the Philippine context, an Affidavit of Support is most commonly required in situations such as:

  1. Visa applications – when someone in the Philippines (or a Filipino abroad) sponsors another person to visit or reside temporarily in the country.
  2. Travel requirements for minors – for example, when Filipino minors travel abroad, they may need an AOS from the adult who is covering their travel expenses.
  3. Immigration requirements – in some cases, the Bureau of Immigration (BI) may require an AOS from a Filipino citizen or a lawful permanent resident in the Philippines guaranteeing financial support to a foreign national.

Common Uses and Requirements

  1. Supporting a Foreign Visitor in the Philippines

    • The sponsor may be asked to sign an AOS to ensure the foreign visitor will not be a public charge in the Philippines and that funds are available for travel and living expenses.

  2. Supporting a Family Member’s Visa Application

    • Embassies may require proof of financial capability to ensure the traveler can cover the cost of the trip (flights, accommodation, daily expenses). An AOS is often one of the documents used to demonstrate this financial capability.

  3. Traveling Minors

    • A minor traveling alone or accompanied by someone who is not their parent or legal guardian may need an AOS from the individual who will be assuming responsibility for them (commonly required by the Department of Social Welfare and Development (DSWD) or the Bureau of Immigration).

  4. Medical Treatment or Long-Term Care

    • If someone is sponsoring a patient or a relative’s medical treatment or long-term stay in the Philippines, an AOS may be requested as additional proof of financial sponsorship.

Who Can Provide an Affidavit of Support?

Typically, the sponsor must meet all of the following criteria:

  1. Legal Capacity: The sponsor must be of legal age (18 years or older) and mentally competent.
  2. Financial Capability: The sponsor should have sufficient, stable, and documentable income or assets to cover the beneficiary’s expenses. For instance, banks statements, certificates of employment, tax documents, or proof of property ownership are often examined.
  3. Relationship or Close Connection to the Beneficiary: Although not always strictly required, authorities often look for an existing relationship (family, close friend, or professional connection) to ensure the AOS is bona fide.

Key Components of an Affidavit of Support

An Affidavit of Support typically includes:

  1. Sponsor’s Full Legal Name and Personal Details:
    • Address, date of birth, nationality, occupation, and contact information.
  2. Beneficiary’s Full Legal Name and Personal Details:
    • Address, date of birth, nationality, relationship to the sponsor, purpose of travel or stay.
  3. Statement of Intent and Financial Support:
    • A declaration that the sponsor will assume responsibility for the beneficiary’s travel, lodging, and/or daily living expenses.
  4. Duration:
    • The period for which the sponsorship is valid (e.g., for the beneficiary’s stay or until they are self-supporting).
  5. Oath or Affirmation:
    • A statement swearing to the truthfulness of the sponsor’s statements, signed in front of a notary public or other authorized official.
  6. Supporting Documents:
    • Evidence of the sponsor’s financial capacity (bank statements, employment certificates, etc.), plus copies of valid identification documents.

Step-by-Step Process to Obtain an Affidavit of Support

  1. Draft the Affidavit of Support

    • You may consult a lawyer for a formal draft or use a standard template provided by a Philippine notary public or a Philippine Consulate (if you are abroad). Ensure all required information is accurate and up to date.

  2. Gather All Supporting Documents

    • Proof of Identity and Citizenship: Passport, valid government-issued ID, birth certificate (if applicable), or any other recognized proof.
    • Proof of Financial Capacity: Bank certification, bank statements for the last six months, certificate of employment and income, payslips, or other documents showing the sponsor’s financial resources.
    • Relationship Documents (if applicable): Birth certificates, marriage certificates, or affidavits showing the connection between sponsor and beneficiary.

  3. Notarization or Consularization

    • If you are in the Philippines:
      1. Bring the draft AOS and your supporting documents to a notary public.
      2. The notary will verify your identity, ask you to swear under oath that the statements in the affidavit are true, and notarize the document.
    • If you are abroad:
      1. Visit the nearest Philippine Embassy or Consulate.
      2. Present your completed AOS and supporting documents.
      3. The consular officer will verify your identity and administer the oath. The document will then be notarized or consularized for official use in the Philippines.

  4. Pay the Applicable Fees

    • Notary Fees in the Philippines: Typically range from PHP 200 to PHP 1,000+ depending on the notary’s professional fee and the document’s complexity.
    • Consular Fees (Abroad): Vary by country. Contact the Philippine Embassy or Consulate for the current rates.

  5. Use the Affidavit as Required

    • Submit or present the notarized (or consularized) AOS to the relevant authority (e.g., immigration officers, visa-issuing embassy or consulate, airline representatives, DSWD, or any agency requiring proof of sponsorship).

Authentication or Apostille Requirements

Depending on the purpose of the affidavit, you may need authentication (previously known as “red-ribboning”) or an Apostille from the Department of Foreign Affairs (DFA). Since the Philippines is a party to the Apostille Convention:

  • If used within the Philippines: A typical notarization may suffice.
  • If used abroad: The receiving country’s authority may require your document to be Apostilled. In many cases, Philippine Embassies and Consulates can provide a certification in lieu of a separate Apostille, but policies vary by location.

Additional Tips and Considerations

  1. Check Agency or Embassy Requirements

    • Requirements differ depending on whether the AOS is for local use (e.g., within the Philippines) or foreign use (e.g., a foreign embassy). Some embassies have their own standardized affidavit forms.

  2. Use Clear and Accurate Information

    • Any discrepancies (e.g., name spellings, dates of birth) might cause delays or denials of the document’s acceptance.

  3. Maintain Validity

    • Although an AOS does not typically have an “expiration date,” government agencies often prefer documents issued within a certain recent timeframe (e.g., within 3–6 months). Make sure you provide the most current document if asked.

  4. Be Aware of Potential Liabilities

    • By signing an AOS, a sponsor may assume financial responsibility if the beneficiary fails to cover their expenses, overstays, or requires financial help during their stay in the Philippines.

  5. Consult with a Legal Professional When Necessary

    • Particularly if complex issues (e.g., immigration status, custody of minors, major financial liabilities) are involved.

Frequently Asked Questions

  1. Is an Affidavit of Support required for all visa applications?

    • Not always. The need for an AOS depends on the specific embassy, the type of visa sought, and the applicant’s personal finances. When applicants cannot demonstrate independent financial capacity, they commonly submit an AOS from a sponsor.

  2. Can a friend act as a sponsor instead of a family member?

    • Yes, as long as the friend meets the financial requirements and can show a bona fide intention to support the beneficiary. However, many agencies prefer that a sponsor be a close relative to ensure the genuineness of the sponsorship.

  3. Can I sponsor multiple people at once?

    • Yes, but you will need to prove sufficient financial capacity to support multiple beneficiaries. Authorities will assess your ability to reasonably shoulder all declared costs.

  4. Does the affidavit have to be notarized or consularized if executed abroad?

    • Typically, yes. A private document generally must be notarized for it to be recognized as a legal affidavit in the Philippines. When executed abroad, the Philippine Embassy or Consulate can handle the consular notarization or authentication.

  5. What happens if the beneficiary does not comply with the terms of the AOS?

    • The sponsor could be held liable for any claims arising from the beneficiary’s stay (e.g., unpaid expenses). Immigration or other government agencies may flag the sponsor, which can affect future applications or sponsorships.

Conclusion

Obtaining an Affidavit of Support in the Philippines is a straightforward process but carries legal and financial responsibilities for the sponsor. From drafting the affidavit to having it notarized (or consularized) and ensuring sufficient supporting documents, sponsors must pay close attention to the requirements set by Philippine authorities or foreign embassies. Proper preparation, accurate information, and timely submission of the AOS are key to avoiding delays or complications.

Should you have specific questions about your unique situation, do not hesitate to consult a licensed attorney or contact the relevant government agencies (e.g., Bureau of Immigration, Department of Social Welfare and Development, or Philippine Embassies/Consulates) for current and detailed instructions.

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

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