Immigration Policies for Foreign Nationals Who Overstay in the Philippines

Query: What is the act in the Philippine immigration on foreign nationals who overstay in the country?

In the Philippines, immigration laws are strict when it comes to foreign nationals who overstay their visas. Overstaying refers to the act of remaining in the country beyond the authorized period granted by the visa or permit. The consequences for overstaying are outlined in the Philippine Immigration Act of 1940 (Commonwealth Act No. 613) and its amendments.

Legal Provisions and Penalties

The primary legal provision that addresses overstaying is Section 37(a)(9) of the Philippine Immigration Act, which states that foreign nationals may be deported if they remain in the country beyond the allowed period. The Bureau of Immigration (BI) enforces this law and has the authority to impose penalties, fines, and even deportation.

Fines and Penalties

1. Daily Fines: Foreign nationals who overstay are typically subjected to daily fines. As of the latest regulations, the fine is PHP 500 per day of overstaying.
2. Administrative Fees: Apart from daily fines, there are administrative fees that must be paid. These fees can vary depending on the length of overstay and the specific circumstances of the case.
3. Deportation: For severe or prolonged overstays, the BI may issue a deportation order. This means the individual will be formally removed from the country and barred from re-entering for a specified period, usually determined by the severity of the overstay.

Legal Procedures

When a foreign national is found to be overstaying, the BI typically follows a series of steps:

1. Notice of Overstay: The individual will receive a notice from the BI indicating their overstay status and the amount of fines and penalties due.
2. Settlement of Fines: The foreign national has the opportunity to settle the fines and penalties by paying the required amount at the BI office.
3. Regularization: In some cases, the BI may allow the overstaying foreign national to regularize their stay by applying for an extension or conversion of their visa, provided they meet the necessary criteria.
4. Deportation Proceedings: If the fines are not settled, or if the overstay is considered severe, the BI may initiate deportation proceedings. This involves a legal process where the individual will have the opportunity to contest the deportation before an immigration court.

Special Considerations

1. Voluntary Disclosure: Foreign nationals who voluntarily disclose their overstay to the BI may receive more lenient treatment. The BI may reduce fines or provide other accommodations to those who proactively address their immigration status.
2. Humanitarian Grounds: In exceptional cases, such as those involving medical emergencies or other humanitarian grounds, the BI may exercise discretion in handling overstays.

Avoiding Overstay

To avoid overstaying, foreign nationals should:

1. Track Visa Expiry: Keep track of visa expiration dates and apply for extensions well in advance.
2. Consult BI: Consult with the BI or legal experts if there are any uncertainties regarding visa status or permissible stay duration.
3. Legal Assistance: Seek legal assistance if there are complications or if the overstay was unintentional.

Conclusion

The Philippines has stringent laws and procedures to handle foreign nationals who overstay their visas. It is crucial for foreign visitors to adhere to the terms of their visas and address any issues promptly to avoid severe penalties, including fines and deportation. By understanding and complying with immigration laws, foreign nationals can ensure a lawful and enjoyable stay in the Philippines.