How to Obtain an Affidavit of Support in the Philippines

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Laws, regulations, and procedures may change over time, and individual circumstances can vary. For personalized guidance, consult a licensed Philippine attorney or contact the relevant Philippine government agency.

1. What Is an Affidavit of Support?

An Affidavit of Support (sometimes called an “Affidavit of Support and Guarantee” or simply “AOS”) is a sworn document executed by a sponsor who agrees to financially support an individual (often called the “beneficiary”) for a specific purpose or duration. In the Philippines, this document is frequently required in the following scenarios:

  • When a Filipino is sponsoring the visit of a foreign national (e.g., for tourism or family visitation).
  • When a family member or friend abroad is sponsoring a Filipino’s travel (often required by the Philippine Bureau of Immigration, or by foreign embassies/consulates as part of the visa process).
  • For minors traveling internationally, to ensure they have financial backing and adult supervision or guarantee.

An Affidavit of Support serves as evidence that the traveler or beneficiary will not become a public burden or overstay without proper resources.

2. Legal Bases and Governing Authorities

Several Philippine government agencies and rules may come into play with regard to an Affidavit of Support:

  1. Philippine Bureau of Immigration (BI):

    • Oversees immigration formalities for departing and arriving travelers.
    • May require an Affidavit of Support, especially when there is a concern about sufficient travel funds or the purpose of travel.

  2. Department of Foreign Affairs (DFA):

    • Issues passports to Filipino citizens.
    • May require authenticated or legalized Affidavits of Support for certain documents or special cases, especially if the document is to be presented abroad.

  3. Philippine Embassies or Consulates (abroad):

    • Provide authentication (sometimes called “Consularization”) or Apostille services for Affidavits of Support that are executed by a sponsor outside the Philippines.
    • May issue guidelines on how Filipinos or foreign nationals should prove financial capacity or sponsorship.

  4. Notarial Law under the 2004 Rules on Notarial Practice:

    • Sets out requirements for notarizing affidavits in the Philippines. A Philippine notary public must ensure the document is properly executed, and the affiant is competent and has presented valid identification.

  5. Other Foreign Embassies/Consulates in the Philippines:

    • They may require an Affidavit of Support (or equivalent) if you are sponsoring someone for a visa to their country, although many embassies have their own official affidavit forms (e.g., U.S. immigration forms like the I-134 or I-864).

3. Common Uses of an Affidavit of Support

  1. Support for Visa Applications

    • Some foreign embassies in the Philippines require a local Affidavit of Support as part of the visa application if the traveler does not have sufficient financial documents under their own name.
    • This is typically supplemented by evidence of the sponsor’s financial capacity (bank statements, employment certificates, proof of income, etc.).

  2. Departure Requirements for Filipinos

    • The Bureau of Immigration may require an Affidavit of Support for certain Filipino travelers, especially if they appear to lack the financial means to support their trip or if they are traveling to certain destinations known for strict immigration entry requirements.
    • It can help demonstrate that the traveler has legitimate funds and a clear purpose of travel, thus reducing concerns about “tourist workers” (Filipinos leaving under a tourist visa but intending to work abroad illegally).

  3. Hosting a Foreign Visitor in the Philippines

    • If you are a Filipino resident or citizen hosting a foreign national, some situations (like applying for certain Philippine visas or extensions) may require you to provide an Affidavit of Support to assure Philippine authorities that the foreign guest will not be a public charge.

  4. Travel of Minors

    • When minors (Filipino or foreign) travel without their parents, authorities often require additional affidavits or guarantees, including an Affidavit of Support, to ensure the child’s needs will be met and to confirm the legality of the trip.

4. Key Elements and Requirements

To be valid and acceptable, an Affidavit of Support typically includes:

  1. Clear Identification of Parties

    • Sponsor (Affiant): Full legal name, address, contact details, citizenship, and a statement of financial capacity.
    • Beneficiary: Full legal name, address, date of birth, relationship to sponsor (if any).

  2. Statement of Purpose

    • Explanation of the reason for sponsorship (e.g., tourism, visit to relatives, medical treatment, etc.).
    • Duration of stay or support.

  3. Financial Capacity

    • Affirmation that the sponsor has sufficient income or resources to support the beneficiary’s living expenses, travel expenses, lodging, and any other pertinent costs.
    • Reference to supporting documents (e.g., bank statements, certificate of employment, pay slips, tax returns).

  4. Obligations and Responsibilities

    • The sponsor typically states they will cover costs of accommodation, food, and other daily expenses during the beneficiary’s stay or travel.
    • May include a commitment to repatriate the traveler if needed and ensure they abide by local laws and visa conditions.

  5. Sworn Statement

    • The sponsor must sign the affidavit under oath, attesting to the truth of all statements made.
    • Must be notarized before a Philippine notary public (if executed in the Philippines) or duly authenticated by a Philippine Embassy/Consulate or Apostilled if executed abroad.

5. Step-by-Step Process of Obtaining an Affidavit of Support in the Philippines

Below is a general outline of the typical process. The exact steps may vary depending on which authority requires the affidavit.

  1. Draft the Document

    • Prepare a written Affidavit of Support (some agencies provide templates, but you can also use a lawyer’s assistance or write it yourself).
    • Include all the mandatory sections: sponsor’s details, beneficiary’s details, purpose of support, financial capacity, and sponsor’s undertakings.

  2. Gather Supporting Documents

    • Sponsor’s proof of identification (passport, government-issued IDs).
    • Proof of financial capacity (bank statements for at least 3–6 months, certificate of employment, income tax returns, property documents, etc.).
    • Beneficiary’s identification (passport, birth certificate, etc.).

  3. Notarization

    • Appear before a Philippine notary public (or, if abroad, a notary who can then have the document authenticated/apostilled by the Philippine Consulate or Embassy).
    • Sign the affidavit under oath, ensuring that the notary properly stamps or seals it.

  4. Authentication/Apostille (if needed)

    • If the affidavit is to be used abroad or in specific official contexts, it may need either Consularization (older method) or the Apostille process.
    • The Philippines is a signatory to the Hague Apostille Convention. Documents notarized in the Philippines and intended for use in another apostille-member country typically need to go through the Department of Foreign Affairs (DFA) for Apostille.
    • If the receiving country is not part of the Apostille Convention, you might still need consular authentication (also called “red ribbon,” though the ribbon is no longer typically used).

  5. Submission to Relevant Authority

    • Provide the original notarized and/or authenticated affidavit along with all supporting documents to the agency, embassy, or office requiring it (e.g., the Philippine Bureau of Immigration, a foreign embassy/consulate, or local government office).

  6. Paying Necessary Fees

    • Expect to pay notarization fees, as well as fees for authentication or apostille service. Fees vary depending on the notary public, the DFA, or the consulate.

6. Special Considerations

  1. Executing an Affidavit Abroad

    • If the sponsor is overseas, they can execute the affidavit in front of a local notary public and then proceed to Apostille or consularize it at the Philippine Embassy/Consulate.
    • Confirm with local authorities or the Philippine Consulate on current procedures, as they can differ by country.

  2. Sponsoring Multiple Beneficiaries

    • A sponsor may list multiple beneficiaries (for example, a family traveling together) in one affidavit, but it must be clearly stated and individually notarized as needed, depending on the agency’s requirements.

  3. Validity Period

    • Affidavits of Support do not usually have an indefinite validity. Some embassies or immigration authorities may require it to be issued not more than 6 months before the date of application or travel.
    • Always check the specific validity requirements of the entity to which you will submit the document.

  4. Potential Liabilities of the Sponsor

    • A sponsor can be held liable if statements in the affidavit are found to be false, or if there is fraud or misrepresentation.
    • In some cases, if you guarantee repatriation costs or other financial obligations and fail to comply, you could be subject to civil or even criminal penalties, depending on the jurisdiction and the nature of the misrepresentation.

  5. Different Embassies’ Requirements

    • Some foreign embassies (e.g., the United States, Canada, Schengen states) have official sponsorship forms separate from—or in addition to—any Philippine Affidavit of Support. Always confirm which forms and supporting evidence are needed for the specific visa application.

7. Frequently Asked Questions (FAQs)

1. Is an Affidavit of Support required for every Filipino traveling abroad?

Not always. The Bureau of Immigration only requires it if the traveler cannot show proof of their own financial capacity or if immigration officers have concerns about the purpose of the trip. However, some foreign embassies might explicitly request an Affidavit of Support as part of the visa process.

2. Can a friend act as my sponsor even if we are not related?

Yes. Sponsors do not necessarily have to be family members, although some embassies may give more weight to immediate family sponsors. What matters is that the sponsor can credibly demonstrate financial capability and willingness to shoulder the traveler’s expenses.

3. What if I don’t have large savings but my sponsor does?

That is precisely the role of an Affidavit of Support: to demonstrate that someone else is willing and able to fund your trip or stay. The sponsor’s documented financial capacity is the key factor.

4. Does the Affidavit of Support guarantee I will get a visa or be allowed to depart?

No. It is not a guarantee. It is one piece of evidence that a traveler can submit. Visa issuance and immigration clearance also depend on other factors such as the traveler’s personal circumstances, overall documentation, the sponsor’s credibility, and the discretion of the relevant authorities.

5. How much does it cost to obtain an Affidavit of Support in the Philippines?

Costs vary depending on notarial fees, location, and additional services like DFA Apostille or embassy/consulate authentication. Notarial fees can range from a few hundred to a couple of thousand pesos, while authentication/apostille fees also vary by location.

6. How soon should I secure the Affidavit of Support before my intended travel or visa application?

It is usually best to secure it close to your date of application—within 1 to 3 months—so it remains current. Check the specific validity requirements of the embassy or the Philippine Bureau of Immigration.

8. Practical Tips and Reminders

  1. Always Use Accurate and Verifiable Information

    • Any discrepancy between your affidavit and supporting documents can lead to denial of the visa, denial of boarding, or offloading at the airport.

  2. Organize All Supporting Documents

    • Keep original documents and certified copies ready. Embassies and the BI often look for proof of the sponsor’s ability to support you, so bank statements, job contracts, and certificates of employment are critical.

  3. Monitor Changes in Immigration Policies

    • Philippine immigration policies can change; keep updated through official government websites or announcements.

  4. Consider Consulting a Lawyer

    • If you are unsure how to draft the affidavit or if there are complex legal issues (e.g., adoption, guardianship, large group sponsorship), seeking legal assistance can help avoid mistakes.

  5. Look for Official Templates or Guidelines

    • Some embassies and the Philippine Bureau of Immigration have standard templates or sample wordings for Affidavits of Support. Using official samples can reduce the chance of errors.

9. Conclusion

An Affidavit of Support is an important document in the Philippine legal and immigration context, offering assurance that a sponsor will finance and guarantee the well-being of a traveler or guest. It is commonly used for visa applications, immigration checks, and supporting the travel of minors or financially dependent individuals. Obtaining one involves drafting the affidavit, collecting supporting financial documents, notarizing (and possibly authenticating) the document, and submitting it to the relevant agency.

Because requirements can vary depending on the government office, embassy, or specific circumstances, it is crucial to double-check which guidelines apply to your situation. For personalized advice or to address special concerns, consulting a Philippine-licensed attorney or approaching the relevant government agency is strongly recommended.

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

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