Below is an extensive overview of the Affidavit of Support for travel in the Philippines, including its purpose, legal basis, requirements, and steps to obtain it. This article is for general informational purposes and does not constitute legal advice. For any specific questions or complex situations, consulting a licensed Philippine attorney or contacting the relevant government agency is highly recommended.
1. What Is an Affidavit of Support?
An Affidavit of Support (AOS) is a legal document in which a sponsor (often a family member or close relative) formally guarantees to provide financial assistance and support to a traveler, ensuring they will not become a public burden or overstay in a particular destination.
In the Philippine context, two common scenarios often require an Affidavit of Support:
Outbound Travel (Filipino traveling abroad):
- Filipino citizens who may be required by foreign embassies or consulates to show proof that they have sufficient financial backing while traveling or visiting relatives abroad.
- This Affidavit of Support can be part of an individual’s application for a tourist or visit visa.
Inbound Travel (Foreigner traveling to the Philippines or Filipino inviting a foreign national):
- Philippine immigration authorities may ask a foreign national to submit an Affidavit of Support, executed by a Filipino sponsor, to ensure the foreign national has adequate financial resources and a legitimate purpose in entering the country.
2. Legal Basis and Regulatory Framework
Several laws and regulations in the Philippines speak to or reference affidavits and notarized documents, among them:
New Civil Code of the Philippines (Republic Act No. 386):
Governs the general rules on contracts and obligations, under which affidavits fall as notarized documents establishing obligations.Revised Rules on Notarial Practice (A.M. No. 02-8-13-SC):
Prescribes guidelines on how affidavits must be notarized and what documentation is required for a valid notarized instrument.Bureau of Immigration (BI) Guidelines:
For inbound or outbound travelers, the BI has guidelines on when and how an Affidavit of Support may be required, especially if immigration officers suspect insufficient travel funds.Department of Foreign Affairs (DFA) Circulars / Consular Requirements:
Some Philippine embassies or consulates abroad may require Filipinos sponsoring relatives for short visits to execute an Affidavit of Support, detailing sponsorship details and guaranteeing financial support.
3. When Is an Affidavit of Support Required?
The need for an Affidavit of Support largely depends on the traveler’s circumstances and the policies of the destination country or the Philippine immigration authorities. Common situations include:
Visa Application:
- If a Filipino is applying for a tourist or visit visa to travel abroad, certain embassies (e.g., some parts of Europe under the Schengen Area, the United States, Canada, Australia, etc.) may require an Affidavit of Support from the sponsor to demonstrate sufficient financial capacity.
Airport Departure Requirements (Philippines):
- The Philippine Bureau of Immigration sometimes requires additional documentation, such as an Affidavit of Support, if an immigration officer believes the traveler might be at risk of illegal recruitment or might not have adequate financial means for the trip.
Entry to the Philippines for Foreign Nationals:
- A foreign national traveling to the Philippines to visit a Filipino sponsor may need to show proof of sponsorship to the Bureau of Immigration upon arrival. The sponsor in the Philippines can execute an Affidavit of Support and Guarantee (AOSG) which the foreign national carries when traveling.
Special Cases (Minors or Students):
- Minors traveling abroad without their parents or with a guardian sometimes are asked to present an Affidavit of Support confirming that their expenses will be covered.
- Students on exchange or study programs might also need a sponsor’s AOS to confirm support for living expenses.
4. Who Can Act as a Sponsor?
4.1 Relationship to the Traveler
- Immediate Family: Parents, siblings, children, or grandparents.
- Extended Family: Aunts, uncles, cousins, in-laws, or close relatives—though some embassies or the Philippine Bureau of Immigration may require proof of direct or closer familial ties.
- Legally Recognized Sponsor: A person or entity with sufficient financial capacity willing to vouch for the traveler. In most cases, an individual sponsor (rather than a company) provides stronger proof of personal ties.
4.2 Financial Capacity
Sponsors must demonstrate their ability to financially support the traveler, usually by attaching:
- Bank statements
- Employment certificates
- Income tax returns (ITRs)
- Payslips or other proof of steady income
5. Requirements and Supporting Documents
While specific requirements can vary depending on the embassy or particular Philippine government office, the following documents are typically needed when preparing and notarizing an Affidavit of Support:
Draft Affidavit of Support – Usually includes:
- Full name and contact details of sponsor.
- Relationship to the traveler (e.g., parent, sibling, aunt/uncle, cousin).
- Statement of the sponsor’s financial capacity.
- Purpose and duration of the traveler’s trip.
- Sponsorship of round-trip airfare, accommodation, and other travel expenses.
- Guarantee that the traveler will not become a public charge or overstay.
Proof of Relationship – Documents showing a familial or legal link, such as:
- Birth certificates
- Marriage certificates
- Affidavit of kinship (if needed)
Valid Identification Documents – For both sponsor and the traveler, such as:
- Passport (or any government-issued ID for the sponsor if they are Filipino)
- Philippine driver’s license, SSS/GSIS ID, or UMID (for sponsor)
Financial Documents – Evidence of the sponsor’s capacity, such as:
- Bank certificates or bank statements (commonly from the last 3–6 months)
- Recent payslips
- Certificate of employment (if employed)
- Income tax returns or tax declaration forms (where applicable)
Proof of Travel Arrangements (if already booked) – Flight reservations, itinerary, or hotel bookings.
Notary Fees – Payment for the notarization process. Fees vary depending on location and notary public.
For inbound travelers to the Philippines, if the Affidavit of Support needs to be executed abroad, sponsors may process this at the nearest Philippine Embassy or Consulate. If executed in the Philippines, the sponsor must have the affidavit notarized by a local notary public or administered by relevant government offices.
6. Step-by-Step Procedure: How to Obtain an Affidavit of Support
Step 1: Determine the Requirements of the Destination or Agency
- Check the specific requirements of the embassy/consulate, the Bureau of Immigration, or any other foreign authority. Requirements can vary greatly depending on country and case-by-case assessment.
Step 2: Prepare the Supporting Documents
- Gather proof of financial capacity, IDs, relationship documents, and any additional evidence needed.
Step 3: Draft the Affidavit of Support
- You may use a standard template often available at law offices, notary publics, or the embassy/consulate’s website.
- Ensure that all critical details (names, passport numbers, addresses, and statements of support) are accurate.
Step 4: Execute and Notarize the Affidavit
- Have the sponsor appear before a duly commissioned notary public (if in the Philippines) or a Consular Officer (if abroad at a Philippine Embassy/Consulate) to sign the document.
- Present valid IDs and pay the corresponding notarial or consular fees.
Step 5: Authenticate the Document (If Necessary)
- In some cases, you may need to have the notarized Affidavit authenticated or “red-ribboned”/apostilled at the Philippine Department of Foreign Affairs (DFA).
- Since the Philippines adopted the Apostille Convention in 2019, documents no longer undergo “red ribbon” authentication but instead receive an apostille from the DFA.
- If the document will be used abroad, check if the receiving country is part of the Apostille Convention. If not, you may need further authentication from the embassy of that country.
Step 6: Submit/Present the Affidavit of Support
- Provide the original notarized and (if required) apostilled Affidavit of Support to the traveler so they can present it to immigration officials or foreign consular officers.
7. Tips and Reminders
Ensure Accuracy:
Any inaccuracies in names, dates, or passport numbers may result in rejection or delays.Include Clear Relationship Details:
Immigration officers or consular officials often scrutinize the relationship between sponsor and traveler, so it is vital to include precise proof of kinship.Provide Sufficient Supporting Evidence:
Simply stating an intent to sponsor is often not enough. Be prepared to provide substantial documents proving financial stability.Mind the Timing:
Notarization, authentication, and apostille can take time. Start the process well before any visa interview or planned travel date.Verify Special Requirements in Cases of Minors:
If the traveler is a minor, additional documentation (like a DSWD Travel Clearance) may be required.Potential for Additional Interviews:
Even with an Affidavit of Support, the traveler may undergo interviews at Philippine immigration (for outbound travel) or face additional scrutiny at the foreign port of entry.
8. Frequently Asked Questions (FAQs)
1. Can a friend (non-relative) sponsor my travel by executing an Affidavit of Support?
Yes, a non-relative can theoretically execute an Affidavit of Support, but it may carry less weight than one from a close family member. Embassies or immigration officers tend to scrutinize non-family sponsorship more closely. Always check the destination country’s rules.
2. How long is an Affidavit of Support valid?
Generally, it remains valid until the intended trip is concluded. However, embassies and the Bureau of Immigration may request recent financial documents, so if the trip is delayed or rescheduled for a much later date, updated documents (and possibly a new Affidavit) might be required.
3. Does an Affidavit of Support guarantee visa approval or immigration clearance?
No. An Affidavit of Support is just one document among many. Visa officers and immigration authorities consider various factors, including the traveler’s purpose, ties to home country, and overall eligibility.
4. Can the sponsor revoke the Affidavit of Support after issuance?
Legally, the sponsor can withdraw their sponsorship under certain conditions, but if it has already been used for visa approval or immigration processing, it may have legal implications. Always consult a lawyer if revocation is contemplated.
5. Do I need to register the Affidavit of Support with any government agency?
Typically, a notarized or consularized Affidavit of Support is sufficient. However, some embassies or the Philippine BI may require additional procedures. Always confirm with the relevant office.
9. Conclusion
Obtaining an Affidavit of Support for travel in the Philippines involves understanding its legal function, preparing required documentation, and completing the notarization (and potentially apostille) process. It is a critical supporting document that can help travelers prove their financial backing and genuine intent to abide by immigration regulations—whether they are Filipinos traveling abroad or foreign nationals visiting the Philippines.
Because each case can vary based on individual circumstances and changes in immigration regulations, travelers and sponsors are advised to:
- Check the latest embassy or Bureau of Immigration guidelines.
- Consult a Philippine-licensed attorney or relevant government agency for detailed legal advice.
- Prepare ahead, ensuring ample time for documentation and legal processes.
When carefully executed and presented, an Affidavit of Support can serve as a powerful piece of evidence in meeting travel or visa requirements, helping travelers focus on the purpose and enjoyment of their trip.