Voluntary Departure and Immigration Clearance Legal Guidance

Voluntary Departure and Immigration Clearance in the Philippines: A Comprehensive Legal Overview

This article provides guidance on the legal concepts of voluntary departure and immigration clearance in the Philippines, drawing from relevant laws, administrative regulations, and procedures that govern the admission and departure of non-Filipino nationals (aliens) within Philippine territory.

1. Legal Framework and Governing Authorities

  1. Primary Laws and Regulations

    • Commonwealth Act No. 613 (Philippine Immigration Act of 1940), as amended: The main legal instrument governing the entry and stay of aliens in the Philippines, as well as the powers of the Bureau of Immigration (BI).
    • Administrative Regulations and Circulars: The Bureau of Immigration issues various guidelines, rules, and regulations on immigration procedures, including voluntary departure provisions.

  2. Relevant Government Agencies

    • Bureau of Immigration (BI): The primary agency responsible for enforcing immigration laws, including the issuance of visas, permits, orders of deportation, and other immigration documents.
    • Department of Justice (DOJ): Exercises supervisory authority over the BI.
    • Department of Foreign Affairs (DFA): Oversees consular affairs, including visas at Philippine embassies or consulates abroad.

2. Definition of Voluntary Departure

2.1 Concept of Voluntary Departure

  • Voluntary departure refers to a process by which an alien (a foreign national) who may otherwise be subject to deportation or removal proceedings chooses, or is allowed, to leave the country at their own expense and without further penalty.
  • It is typically granted at the discretion of the BI or by agreement during or after immigration proceedings, as a more lenient alternative to formal deportation.

2.2 Objectives of Voluntary Departure

  • Avoiding formal deportation records: A formal order of deportation carries consequences such as blacklisting, whereas voluntary departure can lessen those impacts.
  • Minimizing legal and administrative burden: It provides an efficient avenue for foreign nationals to leave under regulated conditions without protracted litigation.
  • Preserving future re-entry eligibility: When properly carried out, voluntary departure often allows for the possibility of returning to the Philippines in the future if the foreign national meets legal requirements for admission.

3. Conditions for Voluntary Departure

  1. Immigration Status

    • Foreign nationals who have overstayed, violated terms of their visa, or are otherwise in irregular status may apply or be offered voluntary departure prior to or during deportation proceedings.
    • Foreign nationals who have ongoing criminal cases, or who are considered a national security or public risk, might be disqualified.

  2. Application Process

    • Generally initiated by the alien or their authorized representative by filing a formal request (such as a motion or a petition) with the BI.
    • In certain cases, voluntary departure may be offered as part of the settlement of deportation cases before the Board of Commissioners of the BI.

  3. Payment of Required Fees and Fines

    • Overstaying fees, penalties, and motion for reconsideration fees (if any) must be settled before departure.
    • There may also be clearance fees, express lane fees, and other amounts imposed under BI regulations.

  4. Timeframe for Departure

    • The BI typically grants a specific timeframe (e.g., 15 to 30 days) within which the alien must leave the Philippines.
    • Extensions of this period may be allowed under specific circumstances, subject to the BI’s discretion.

  5. Assurances and Undertaking

    • An alien granted voluntary departure is required to comply strictly with conditions, including not engaging in further unauthorized activities, not overstaying beyond the permitted voluntary departure date, and leaving at their own expense.

  6. Consequences of Non-Compliance

    • Failure to depart within the stipulated period may result in the issuance of a deportation order or summary deportation and possible inclusion on the immigration blacklist, barring future entry.

4. Advantages and Disadvantages of Voluntary Departure

4.1 Advantages

  • Less Stigma than Deportation: Avoids a formal deportation record, which can negatively impact future visa applications.
  • More Flexibility: Allows the alien some choice in departure arrangements (e.g., flight dates, carriers) within the specified period.
  • Potential Savings in Legal Costs: Can eliminate the need for protracted legal battles.

4.2 Disadvantages

  • Costs Borne by the Alien: The departing individual is generally responsible for transportation, fees, and fines.
  • Strict Compliance: Failure to leave within the allotted timeframe can lead to severe sanctions, including blacklisting.
  • Limited Remedies on Return: A future visa application or re-entry may still be scrutinized by the BI due to the previous immigration infractions.

5. Process Flow for Voluntary Departure

  1. Initiation

    • The foreign national (through a lawyer or personally) files a request for voluntary departure with the BI Legal Division or the Board of Commissioners.
    • If in the midst of deportation proceedings, the alien can file a motion for voluntary departure.

  2. Evaluation

    • The BI reviews the alien’s immigration history, criminal or derogatory records, and reasons for requesting voluntary departure.

  3. Issuance of an Order

    • If the request is granted, the BI issues an Order of Voluntary Departure that stipulates the conditions and deadlines.

  4. Payment of Fees

    • The alien settles all required fees and penalties (overstay fees, fines, clearance fees, etc.) at the BI cashier.
    • The BI will require proof of payment before scheduling the departure.

  5. Implementation

    • The alien leaves the Philippines on or before the deadline specified in the order.
    • The alien must obtain an Emigration Clearance Certificate (ECC) or relevant documentation before exiting the country.

6. Immigration Clearance Requirements

In the Philippines, immigration clearance broadly refers to the required exit documents and processes for an alien who is leaving the country. The primary clearance document is often the Emigration Clearance Certificate (ECC), also known as Exit Clearance in certain contexts.

6.1 Who Needs an Emigration Clearance Certificate (ECC)?

  1. Foreign Nationals with Stays of Six (6) Months or More

    • Under BI regulations, aliens who have been in the Philippines for six (6) months or longer must secure an ECC to confirm that there are no outstanding immigration obligations (such as overstaying fines or pending legal matters).

  2. Temporary Visitors Who Have Changed Status

    • Those who entered as tourists but obtained another visa status (e.g., work visa, student visa, missionary visa) and then overstayed or need to depart for good often must obtain an ECC.

  3. Foreign Nationals with Pending Deportation Cases

    • Those who were the subject of deportation or blacklisting but have been granted clearance or voluntary departure.

  4. Special Categories

    • Certain foreign nationals (e.g., holders of SRRV under the Philippine Retirement Authority) are also required to check with the BI for exit clearance procedures.

6.2 Types of ECC

  1. ECC-A

    • Issued to foreign nationals with an ACR I-Card (Alien Certificate of Registration Identity Card) who have stayed in the Philippines for six months or more, and for those who are holders of Temporary Resident Visa (TRV), Special Work Permit (SWP), Provisional Work Permit (PWP), or Student Visa.

  2. ECC-B

    • Issued to holders of valid immigrant or non-immigrant visas (e.g., 9(g) working visa or 13(a) resident visa) who are leaving the Philippines temporarily and will return within the validity of their visa. The ECC-B is combined with a re-entry permit.

6.3 Obtaining the Emigration Clearance Certificate

  1. Application and Documentation

    • Fill out the BI’s ECC application form.
    • Present passport with valid visa (and other travel documents).
    • ACR I-Card (if applicable).
    • Supporting documents to prove compliance with immigration requirements and absence of unpaid obligations.

  2. Payment of Fees

    • Applicable BI fees for ECC, including an express lane fee if expedited processing is requested.

  3. Background Check

    • The BI conducts checks to ensure there are no derogatory or pending legal cases against the applicant.
    • Clearance ensures the foreign national is not on the watchlist or blacklist.

  4. Issuance of ECC

    • Once the application is approved, the BI issues an ECC.
    • The foreign national must present the ECC at the immigration counter upon departure from any international port of exit in the Philippines.

7. Potential Issues and Considerations

  1. Overstay Penalties

    • Overstay fees accumulate daily and can be significant if not settled prior to exit. Voluntary departure agreements typically require settlement of these fees.
    • An alien with long-term overstay who attempts to exit without following proper procedures risks denial of boarding and possible detention by BI personnel at the airport.

  2. Blacklist and Watchlist

    • If an alien commits serious immigration or criminal violations, they may be blacklisted by the BI.
    • Voluntary departure alone does not always preclude blacklisting if the offense is serious; it simply prevents the issuance of a final deportation order.
    • If blacklisted, the foreign national must apply for lifting of blacklist should they wish to return in the future.

  3. Criminal Cases and Court Orders

    • If there are outstanding criminal charges or court-issued hold departure orders (HDO), a foreign national will not be permitted to depart until such orders are lifted.

  4. Coordination with Embassies

    • In cases of voluntary departure, foreign nationals may need to coordinate with their own embassy for travel documentation if their passport has expired or is unavailable.
    • The BI may also coordinate with the relevant embassy if necessary.

8. Practical Tips for Foreign Nationals

  1. Act Early: If you realize you have overstayed or violated visa conditions, seek legal advice and approach the BI as soon as possible to potentially reduce fines or penalties.
  2. Maintain Records: Keep copies of your visa extensions, ACR I-Card, receipts, and any BI communications. These records help demonstrate good faith compliance with immigration rules.
  3. Consult an Immigration Attorney: Philippine immigration procedures can be intricate, and having an expert’s guidance can significantly reduce the risk of inadvertent violations.
  4. Prepare Financially: Ensure you have enough funds to cover fines, fees, and travel expenses.
  5. Observe Timelines: Once voluntary departure is approved, strictly observe the departure date to avoid revocation of the order and potential blacklisting.
  6. Confirm Clearance Requirements: If you have stayed for over six months or hold certain visa categories, confirm whether an ECC is required well in advance of your planned departure date.

9. Conclusion

The voluntary departure procedure and the immigration clearance requirements in the Philippines are governed by the Philippine Immigration Act of 1940, as amended, along with relevant BI regulations. Voluntary departure offers a humane and orderly resolution for foreign nationals who wish to leave the country in lieu of facing a formal deportation order. However, it comes with strict conditions—settling penalties, obtaining the required exit clearances, and adhering to strict timelines.

Meanwhile, the Emigration Clearance Certificate (ECC) remains a cornerstone of the immigration clearance system, ensuring that departing foreign nationals have no outstanding legal, financial, or administrative liabilities. Non-compliance with these requirements can lead to serious consequences, including travel disruptions, blacklisting, or potential detention.

Foreign nationals in the Philippines should remain vigilant about their visa status, regularly consult with the BI or an immigration lawyer for proper guidance, and initiate the voluntary departure process early if necessary. By abiding by these rules and cooperating with Philippine authorities, aliens can ensure a lawful stay, smooth departure, and greater possibility of re-entering the Philippines without complication in the future.

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

Privacy Policy

Terms of Use

Lawyer Login

 
 
Privacy Policy         Terms of Use         Lawyer Login