Coming to the Philippines as a Balikbayan

New readers will want to refer to my recently update article on Why I Left the Philippines.

A reader, (thanks, Sam), left a couple great comments, full of questions that many people aside from him want to know, so  decided to make another article out of it.

Also, in case anyone has been living under a rock, you already know that we have a new President-Elect here in the Philippines, Mr. "Noynoy" Aquino.  Many of the provisions we currently rely on under the Balik Bayan Privilege program are not part of the law itself, but are administered under Executive Orders issued by the outgoing President, Ms. Gloria Arroyo.

Executive orders do not automatically cancel themselves when a president leaves office, but a new president often "cleans house" quite early in his/her term.  I have no knowledge of, not even heard any rumors of, changes Mr. Aquino may make after he assumes office … but I’m just bringing the issue up to encourage people to be aware over the next few months … significant changes might be in the offing.

Anyway, without further ado, let’s get on to Sam’s questions, shall we?

… However, there are two things that wondering me about your situation, if I understand/read it well which are-

(1) Why airline clerk at Macau airport refused you to board at first when you have had a US passport? I mean, regardless of your marriage to a Filipina or previous stay in the PH, airlines can take you to PH because as a US citizen you could have allowed 21 days stay with or without your wife accompanied with you. Then why clerk refused you to board on a plane? Is there something I’m missing in your story or didn’t read it well? I mean, it was not like that airline was taking someone who shouldn’t have been taken to the PH because you are allowed to go to the PH without any visa or without your Filipino spouse anyway being a US citizen then why airline clerk stopped you at first?

Sam, the reason the airline initially did not want to board me was a very common one.  I had no evidence of "follow-on" or return travel within 21 days of my projected arrival in the Philippines.  Philippine law requires that airlines enforce this rule.  There’s a tremendous amount of argument and contention that circulates around this issue, including more stories than you can shake a stick at regarding folks who did not have onward travel confirmed … but the fact and the law remains … to board a plane to the Philippines with no Philippine visa in your passport, you must have onward travel (back home or on to another country).  One legal exception is, as happened with my wife and I, if the foreigner is accompanied by his Filipino or former-Filipino spouse, and otherwise eligible to use the Balikbayan Privilege program, then the airline may carry you … which they did.

(2) I’m greatly curious as to why you have not applied for immigrant visa (13a) so far given how dearly you love living in the PH given your length of stay in the PH. I mean, I see you have suggested to some to get this immigrant visa than going thru all the hassle and more expensive route of extending stay. I’m sure you have your reason for not having applied for this visa which you don’t have tell if you don’t want but I’m very curious as to why you didn’t obtain this visa for yourself.

Number One, most honest answer?  I’m lazy.

Number Iwo answer?  I’m cheap.  Zero Pesos is the lowest fee I know of, and that is what a balikbayan stamp currently costs.

Number Three answer?  Any time I can avoid setting foot inside a Bureau of Immigration facility, I do.  Read my blogging colleague Claudette’s account of getting a 13(a) visa for her husband.  And remember, she’s not only Filipino but a legal professional and a fellow government employee with the folks whose behavior she comments on.

Eventually, I’ll get a 13(a) visa.  But, under the present conditions, I see no reason to.  By all means, if you are still in the USA, I recommend you get the resident visa through the Philippine Embassy or the Consulate which serves you state of residence.  I had every intention of doing it this way myself, when we moved to the Philippines in 2006 … but personal issues and time requirements came together in  a way that didn’t work out for me.

(3) Can you please tell me the advantages and disadvantages of obtaining immigrant visa (13a)? I’m a US citizen, married with a green card hold Filipina wife, living together in NY, who visited very first time to the Philippines two months ago with my wife and completely fell in love with PH. I’m planning to visit PH again in this December for at least 5 months but I will not be arriving to the PH with my wife because I’ll be going there from another country while she will go there from NY. So I know that me going there alone means obtaining only 21 days unless I obtain tourist visa and then usual extension until its enternity which might make me bankrupt…lols. Thus, I’m contemplating to obtain this immigrant visa. Any info, procedure and any other information about this visa will help.

Well, I’ve written at least a dozen articles that touch on this issue in one way or another … try the search box in the right-hand column for more info, or look at the related articles list at the bottom of this page.

There are advantages to the Balikbayan privilege stamp and advantages to getting a permanent resident visa, but most of those advantages are not chiseled in stone.  Even for the same couple under different situations, sometimes a 13(a) or 13(g) visa is best, sometimes a BB Stamp is much better, easier and cheaper.

My wife and I travel at least once a year.  We (so far), always travel together.  So for us, at this stage of our life, and under the present rules of the BB program, it’s best for us.  It’s not the best deal for everyone, though, as you point out … if you need to travel without your spouse an BB solution doesn’t work at all.

So which one is best?  As we like to say here in the Philippines, " ‘Sup to you".  Use the legal method that works for you at the time, and run with it .. don’t over analyze the issue.  If you have to change to a different method later, fine … I used to wear skinny, shiny double-knit pants, but I changed to loose, relaxed Docker’s look and feel and they now suit me better.

Could you please tell me what kinds of fees I should expect in the PH, at BI office and at the airport at the time departure, if I would be an immigrant visa (13a) holder and would leave the PH after 5 months of stay? I have heard of the requirement of everyone to have ACR-I card now if one would be staying in there for more than 59 days. And, I also know that immigrants are required to pay exit fees and might other fees as well which I’m not sure of.

Moon and contrail
Creative Commons License photo credit: Rob the moment

If you come to the Philippines with a 13-series visa in your passport … as we have pretty much decided in this discus
sion is the best for you and tour wife at this moment,  you will likely have to visit a BI office upon arrival.  You’ll get instructed on your requirements by the Philippines Embassy before you leave the States.  Will you have to pay them anything upon arrival?  No, so far as I know.

When you leave after 5 months, probably the only thing you have to pay for is the standard 500 or 600 Peso Airport Security fee … Us passport holder … or Green Card holders too, are exempt from Travel Tax for stays of less than one year.  Your ACR-I card takes care of other items like exit fees and such.

Now one or two other thoughts to wind up the article here.

There’s a very easy way for you and your wife to legally enter the Philippines free under the Balik Bayan Privilege program.  Coordinate your travel so you meet in Hong Kong or Macau or Singapore, and then take a cheap flight to the Philippines together … just as my wife and I did from Macau.  Might not be doable, but it’s a thought.

Second, you mentioned that your wife is a US LPR (Legal Permanent Resident … i.e. Green Card).  Take care that she doesn’t stay too long outside the US.  Although the law says she can stay away as long as one year, Filipinos have regularly reported being hassled by US Immigration over stays outside the US as short as 6 months.  Also, the time she stays outside the US is not credited to her required three-year residency in the IS while married to a US citizen for her naturalization … which ought to be the goal of every Phil-Am couple in my view … makes life a lot simpler.

Godspeed.

Popularity: 23% [?]

Enter a Lottery, Win a Green Card — Maybe

Just a short note this morning to highlight a perennial old wives tale scam that so frequently circulates on Philippine and Philippine related sites and communities.

The scam revolves around a perfectly legal and time-honored program of the USA that has been going on for years now … the Diversity Visa Program … I guess because that doesn’t sound profitable … or for our propensity to insist on calling things what they are not, most people know this as the Green Card Lottery program.

And that’s where the scam comes in.  At almost any time of the year you may receive emails or see vague ads that claim you can enter a lottery and, if you win, presto, you get a Resident Alien Card … commonly known as a Green Card.

Not only can you get into this program for free, you can even enter online.

imageSounds like a great deal, and I suppose for the 50,000 people per year (maximum allowed by law) it certainly is a good thing.

But those of us from the Philippines … or very importantly, those of us who are foreigners in the Philippines and might be called upon for advice or assistance from our Filipino families and friends need to become a bit of an expert on this lottery … for a very special reason:

Filipino Citizens are NOT eligible!

Yep.  Only certain country’s citizens qualify and the Philippines does not.

Unfair?  Discrimination? Maybe so, but the problem, if there be one, has to be fixed within the law … don’t write me, write you Congressman or Senator.  But whatever you do, don’t help perpetrate this cruel scam, especially on or Filipino friends and family.  The reason the Philippines and a number of other countries are excluded is that they already send more than 50,000 immigrants in the past five years to the US, and the program is supposed to diversify immigration but boosting the number of applicants from countries who don’t send so many to our shores.:

….natives of the following countries are not eligible to apply because the countries sent a total of more than 50,000 immigrants to the United States in the previous five years:

BRAZIL, CANADA, CHINA (mainland-born), COLOMBIA, DOMINICAN REPUBLIC, ECUADOR, EL SALVADOR, GUATEMALA, HAITI, INDIA, JAMAICA, MEXICO, PAKISTAN, PERU, PHILIPPINES, POLAND, SOUTH KOREA, UNITED KINGDOM (except Northern Ireland) and its dependent territories, and VIETNAM.

Persons born in Hong Kong SAR, Macau SAR, and Taiwan are eligible. For DV-2011, no countries have been added or removed from the previous year’s list of eligible countries.

Here’s where you can find out more about the specifics of the program:

The Congressionally mandated Diversity Immigrant Visa Program makes available 50,000 diversity visas (DV) annually, drawn from random selection among all entries to persons who meet strict eligibility requirements from countries with low rates of immigration to the United States….

And also where you can read official information on the frequent scams.

Fraud Warning

Please Note: There have been instances of fraudulent websites posing as official U.S. Government sites. Some companies posing as the U.S. Government have sought money in order to "complete" lottery entry forms. There is no charge to download and complete the Electronic Diversity Visa Entry Form. The Department of State notifies successful Diversity Visa applicants by letter, and NOT by email. To learn more see the Department of State Warning and the Federal Trade Commission Warning.

So keep it simple, folks.

==>> The Diversity Visa (Green Card) lottery is a real program of the USA

==>> It does not cost anything to join it … so do not pay money to predators who claim they will help you!

==>> But remember that Filipinos can’t enter it, so don’t go running off to help you girlfriend or brother in law and then disappoint them.

As they say in the Navy, “That is All”.

Popularity: 4% [?]

Do I need a Visa?

Since I was just involved in a small way with someone running afoul of Philippine Immigration regulations I though I ought to post some more clarification on this … there never seems to be any lack of self-styled information on this subject, but there is always a lot of information that is partially or totally incorrect.  Mine comes from official sources at the time of writing … updated 10 March 2010.

Do you need a visa to visit as a tourist?  Simple question, two different answers depending on your answer to this question … are you planning to stay longer than 21 days in the Philippines.  (you count this from the first full day you are in the Philippines, that is the calendar day after the calendar your plane arrives to the calendar day your outbound plane lifts off the ground.)   21 full days or less?  No visa required.  22 days or more, visa required.  Sounds pretty simple, doesn’t it, yet more people seem to have a problem with this simple rule than anything else I can think of with traveling to the Philippines.

One reason I suppose this is often confused is that it is not always routinely applied.  The persons I mentioned at the beginning of the article arrive here on US passports for an actual 22 day stay.  They should have gotten a visa, both by law and for a very practical consideration …. cost … but 90% percent of the Americans I’ve dealt with on these issues just travel onward, expecting the lovely blue US passport to heal all wounds.

By law these ladies’ airline should have refused them boarding … the airlines use a database called Timatic which keeps track of all these immigration and documentation niceties) and it is very commonly for ‘name brand’ airline to deny boarding in these cases … since they can be heavily fined by the Philippine government for failing to comply with the law.

However, like many things I write about here, it didn’t happen the ‘book’ way … they both got on the airplane, landed at NAIA and met two separate Immigration Officers.  One stamped the first lady’s passport with a visa waiver that expired March 8. 2008.  I have no idea where he got that date from.  The second lady had her passport stamped with a visa waiver expiring(correctly, according to the law) on 30 January 2008, exactly 21 full days of presence allowed.

Again, why different?  Why are certain regulations followed while others don’t seem to be?  Why do different airlines seem to have different ways of applying the rules?  I can not answer these questions.  I can only report on what the law says and on what happens to people in particular situations.

Since both ladies were leaving together on the 31st of January … 22 days after arrival, they were concerned when this matter came up.  So I drove both of them to the closest Bureau of Immigration office for a ‘reading’ on their status.

Person one … with the strange expiration date in March?

“AOK, you need nothing, just leave on Jan 31st and enjoy your stay.”

Person two, with the correctly dated stamp expiring one day before her flight.

“You will be fined for overstaying if you wait until 31 Jan … better fill up this form and purchase a 30 day extension (the shortest one sold) for 3,800 pesos while you are here.”

So that’s what we did.  And all was well.  All would have been just as well, if not better, though, had they ladies done their home work.  If you are staying longer than 21 days … even ‘just one day’, then you need a visa.

If you are wanting to avoid getting a visa, easy, just select your arrival and departure dates that are 21 days or less apart … seems simple enough to me.

I want to stay longer, is it hard to get a tourist visa?

Nope, it is absolutely simple.  Where you get one depends upon where you live in the US>  See this page to tell you the embassy or consulate to use and download and fill up this tourist visa application form to apply.

You send the form, a 2×2 ID picture, your US passport and the fee of $30 USD and a USPS Express Mail envelope addresses back to you in a USPS (post office) Express mail envelope and in a few days you’ll have your passport complete with visa … nor visa waiver … stamped inside.

Pasaje
Creative Commons License photo credit: Daquella manera

That gives you 59 days in the Philippines.  If you want to stay longer, you can renew for two months at a time for at least a year.  Do not by the more expensive multi-entry visas unless you are planning to come and go from the Philippines.  All the tourist visas grant 59 days per stay or until renewal … the cheapest single entry is the best.

Now, to wind this up I hear the question coming from many people already … why not come on the 21 day visa waiver program and then extend as your friend, person two, did. Dave?

Answer, there is no reason you can not do this … aside from the fact you are the person who will know that you are violating the laws of the Philippines by doing so, intentionally.  But in 8 years I have never heard of anyone having a problem in extending their 21 day Visa Waiver stamp.  I am not your lawyer nor your conscience.

I will note this, from the schedule of fees to get a tourist visa issued in advance:

FEES:
US $ 30.00 for single entry visa valid for three (3) months
US $ 60.00 for multiple entry visa valid for six (6) months
US $ 90.00 for multiple entry visa valid for twelve (12) months
(For each entry, a visa is usually good for an initial stay of 59 days)
PAYMENTS MUST BE MADE IN CASH, POSTAL MONEY ORDER, BANK DRAFT, OR CASHIER’S CHECK ONLY. PERSONAL CHECKS ARE NOT ACCEPTED.

And these fees from the schedule of fees for renewing tourist visa waivers and tourist visas:

TOURIST (NON-RESTRICTED) ADMITTED INITIALLY FOR 21 DAYS MAY BE EXTENDED FOR ANOTHER 38 DAYS

Visa Waiver Application Fee P1,000.00

Visa Waiver  P   500.00

LRF  P     30.00

Express lane fee P   500.00

Add it all up and it comes out to right at $50 USD at today’s exchange rate … so since even a 10 peso overcharge is a big thing to a lot of visitors, tell me why you think it’s smarter to ‘skirt’ the law if not out an out breaking it, pay nearly twice as much and lose at least a day of your vacation wearing shoes and long pants (you know you can’t go in shorts and sandals, don’t you?) at the Bureau of Immigration.

Myself, when the legal way is also the easiest and cheapest way, the choice seems clear.   YMMV.

There’s more on the subject of Philippine Visas and Philippine Visa Waivers here.

All information contained in this article and the entire website is personal opinion/experience only.  If you need legal advice, seek it from a competent practitioner.

Popularity: 21% [?]

Why I Left The Philippines

Note:  this post has been corrected, significantly expanded and re-published.  Part of our on-going effort to make PhilFAQS.com your best source for answers to the frequently Asked Questions about Traveling to the Philippines, Retiring in the Philippines, or just plain living here in my second home, the Philippines.

Yes, that’s right, after living in continuously in Marilao, Bulacan, Republic of the Philippines since 31 October 2006, on 1 March 2009 I boarded a plane and left.  Somewhat of a surprise, eh?

Well it was almost a surprise to me, also, but don’t worry, it was all my decision, and for those who may be wondering, I’m back, same house, same place, just newly rejuvenated in the visa department.  There were several courses of action open to me and this was the one my wife and I chose to take.

You see when I entered the Philippines back in 2006 my wife and I took advantage of the basically 100% cost and hassle-free Balikbayan Privilege Program )often called the BB program or BB stamp).  (Balikbayan means literally to return to one’s homeland).  I’ve written before about the advantages of this program, here Do I need a Visa? as well as a few other places I am sure.

The chief disadvantage of this program is, it lasts for one year only.  So when I entered in 2006 my passport was stamped with a little entry that said BB, expires 1 November 2007.

(a lot of folks get confused with how the Philippine BI (Bureau of Immigration) counts days.  It’s actually quite simple … the day you arrive in the Philippines, no matter what time it is here locally, is a day “in country”.  The day you depart, again no matter what the local time, is a day not in the Philippines, so arriving on the 31st of a month and leaving on the first of the following month 1 year later is exactly a one year stay).

During that year you really have nothing whatsoever to do with the BI.  You are just here, legally, and able to go about as you please.  A very nice benefit for those of married to Philippine citizens or former Philippine citizens.

At the end of the BB period you have several choices.

  • You can apply for a permanent residency visa, based on the sponsorship of you Filipino/Former Filipino spouse,
  • You can leave the country not later than the date stamped in your passport.
  • You can convert your Balikbayan status to an ordinary tourist visa waiver status.

Converting to tourist visa waiver status at the end of my first, free BB year was what I chose to do, strictly because it was the course of action that “fit” best with what was going on in my life at the time.

Under current rules as a A Tourist Visa or Tourist Visa Waiver holder  you can stay 24 months in the Philippines, applying for and paying for an extension every 59 days (two months under BI counting rules).   You can extend your stay your stay every 2 months at any BI office for the first 16 months of stay.  After month 16 you are still eligible to extend but you can only do so at the BI main office in Intramuros, Manila.

If you have been following along, and counting, my 12 months of BB status and 16 months of tourist status was up 28 February.  1 March as the date stamped in my passport that indicated when I had to leave.

Shopping and Stair Ckimbing in Macau

My wife and I decided to take a trip outside the Philippines to get me back onto free BB status.

Checking around I found the best fare deal at the time with Cebu Pacific, mainly because I wanted to fly out of DMIA, the new/old USAF terminal at Clark.  I could have saved more by buying farther in advance, but a round trip for two Clark to Macau (the former Portuguese colony next door to Hong Kong, now a Special Administrative Region (SAR) of China) came up to an all-in price of PhP 13,400, about $275 USD at today’s rate.

I’ll go into the actual costs of extending tourist status another time, because it is different almost every extension period, but it’s very safe to say that the cost of extending 16 months easily comes up to more than an overnight trip to Hong Kong, Macau or Kuala Lumpur, Malaysia … again especially if you keep your eye on the calendar and plan ahead, buying a ticket when rates are good.

We found a nice looking hotel in Macau, the Best Western, Taipa, five minutes from the Macau airport for about $62 USD per night through my old friends, Asia Travel … I’ve been using them for years and I recommend them, they even answer emails ;-)   Everything done online in just a few minutes.  Took longer to print out the Cebu Pacific eTicket confirmation sheet (you’ll always need this to enter any airport) than to do anything else.

I chose Clark because it is close to our home here in Marilao, has parking at the door (long term is PhP 90 per day) and not crowded.  After we went into the terminal I realized how long it had been since I had flown out of the Philippines … we made a couple wrong turns, but everything was worked out easily, people were nice and helpful and no long lines.

(All the procedures and costs of leaving and returning are detailed in a bullet list at the end of this article)

Macau was a really interesting place.  It has really kept it’s European (Portuguese) flavor much strongly than Hong Kong.  There are certain similarities between former Spanish colonies and those that belonged to Portugal, but many more differences than similarities.  being so close, you might wonder why the Philippines wasn’t a Portuguese colony instead of Mexican/Spanish.  The answer to that one is, under international law the Philippines was supposed to be a Portuguese possession … in fact the Portuguese were poised to attack manila and make a war over the issue, but king Philip of Spain (yeah, the guy the Philippines is named after) married the right girl and also became the king of Portugal at exactly the right time and decided not to fight a war with himself … so the Philippines stayed under Spanish authority and new Espana (Mexican) rule and administration.

Because both Hong Kong and Macau are part of China’s SAR program, US passport or Filipino passport holders do not need visas in advance.  Money changing is pretty easy, you can use Portuguese Pataca, Hong Kong Dollars or Chinese Yuan, all of them are roughly 7 to 8 to the US Dollar.

Returning to the Macau airport at the end of our stay was even easier than getting there.  A taxi glided up to the hotel portico as we walked out the door and we were at the airport in less than 8 minutes.  Fare in either direction (always metered) is about $4 USD.

No lines, no waiting at the airport.  The Cebu Pacific counter agents were at first worried about my status.  Many airlines seem a little hesitant about the Balikbayan program, but their own official Timatic database regarding Passport and Visa requirements for Travel to the Philippines clearly states that spouses and children of former Filipinos are allowed to travel to the Philippines with the qualifying spouse with no requirement for onward travel or advance visa.

The airline can demand to see proof of marital status … after a couple minutes of hemming and hawing I asked the counter agent if she wanted to see our marriage certificate.  When I produced it … apparently they get  a lot of people who insist they take their word for it … she suddenly smiled, looked relieved and handed us our boarding passes.  All was well … when in doubt, show.

This is a good place to interject that many foreigners have told me that the Balikbayan program privilege can be granted to the foreigner spouse traveling on his or her own, so long as they can produce a certified marriage license/marriage contract.  It may well be that some people have had this experience, but don’t depend upon it happening.  The Balikbayan law, Republic Act 6768 (you really should read the whole Balikbayan law, it’s only a few paragraphs) clearly states that the law applies to “… the spouse and the children of the balikbayan who are not balikbayan in their own right traveling with the latter to the Philippines. …”. That seems rather explicit to me.  The law also states that:

“… Any person who shall willfully derive, obtain, receive or enjoy or cause another to derive, obtain, receive or enjoy the benefits and privileges under this Act without being entitled thereto shall be punished by a fine of not less than Twenty thousand pesos (P20,000.00) but not more than Forty thousand pesos (P40,000.00) or imprisonment of not less than two (2) years or more than four (4) years, or both at the discretion of the court. Any alien found guilty under this section shall be summarily deported upon completion of service of sentence and be permanently barred from reentering the country without the special permission of the President. …”

Frankly, for my own actions, I am going to comply with the law as it seems to be written (in my lay opinion) and not try to circumvent the intent of the law simply to try to get a free year.  When they start talking about jail and then deportation at the end of the jail term, the hair goes up on the back of my neck … no thanks.  I like playing poker, but not at those odds  Of course, as we say on-line, YMMV (Your Mileage May Vary), so roll the dice if you choose to.

Both the outbound flight and the return flight to Clark pushed back from the gate exactly on time and both arrived a full 20 minutes ahead of schedule.  A refreshing change from flying out of Manila.

Upon our return to Clark we walked up to a line at the Immigration counter with only one other person in front of us.  Mita handed the officer both our passports and said, “I request a Balikbayan stamp for my husband, please” while I dug into our bag for the marriage certificate.  The Immigration Officer stopped me by handing me my passport.  “No problem sir, since you both have the same surname we trust you, you are good for another year.”

Out the door, a short walk to the car, fire up the mighty Mitsubishi Motors diesel digester, show the guard our pre-paid parking receipt and we were out the gate of the parking lot before 5 pm, the time the flight was scheduled to land.

I won’t go into yet another discussion of the merits of the BB versus a permanent residency visa, there are advantages/disadvantages for both, but when I hear people agonize and complain about the trials and tribulations of leaving the country for a fresh visa I wonder what their real problem is.

This couldn’t have been an easier and more pleasant trip, and one thing about the BB program you have to agree with, no matter what method you chose for living here in the Philippines, the combination of totally free and not one single form to “fill up” has to count for something.

So now I am back and good until 3 March 2010.  No need to fear I’m leaving again any time soon.  Here are a few notes/reminders for anyone planning to follow in our footsteps.  The procedures are the same no matter which airport you leave from/return to:

  • Except for people with permanent residency iCard, every foreigner who stays in the Philippines more than 60 days requires an exit clearance document to leave.  You can get this at any BI office, (bring 3 each 2×2 ID photos, white background, no glasses).  The clearance  costs PhP 310 and is good for 60 days from date of issue.  It typically takes 3 working days to process, so plan ahead.
  • Bring with you to the airport A Ball Pen, your eTicket receipt (or “real” tickets), your passport, your clearance document and, of course, your spouse and your marriage certificate or contract… unless you are meeting up with her somewhere else).
  • First stop upon entering the terminal is the Travel Tax desk.  (at Clark make a sharp ‘U’ turn to the left, it is easy to miss).  All Filipinos are subject to this fee unless they also have a US Green Card or US Passport and have been in the Philippines less than one year.  Everyone gets tagged, yes, US citizens also, if you are “in country” more than a year.  PhP 1620 each.
  • Then check in with your airline and get your boarding pass.
  • Next comes Airport Security fee … International departures all pay PhP 550 each, no matter what passport you hold.
  • Once through the security ‘wicket” you’ll see Immigration up ahead, but don’t rush to the shortest line as we did.  You need a “Departure card”.  These are on the wall to the right at Clark.
  • Present your departure card, passport and clearance if needed to the Immigration officer.
  • Go through second (or third) security checkpoint
  • Board plane.
  • On the plane you will be given an arrival card to fill-up for Macau.
  • Upon arrival just proceed through immigration, handing over your passport and arrival card.  Typically no smiles, but no questions asked.
  • Watch closely, the Immigration Officer at Macau should slip your arrival card back into your passport.  Hang on to it because it is you departure card for leaving as well. (if you lose it, you can fill up another when you depart, saving it just saves you time.)
  • Enjoy your stay … be careful in the casinos ;-)
  • Coming back is basically the same process.  If you come from Macau you will be let in the terminal with your eTicket receipt.  No taxes or other fees to pay.
  • Go to the airline counter and recall what I wrote about above.  If they seem reluctant about boarding you just stay calm, remind them that you are returning under the Balikbayan privilege program, that accompanied spouses are authorized, and show them your marriage certification.  Should be no problem.
  • Get boarding pass
  • Pass through Immigration
  • Board plane.
  • On the plane back to the Philippines you will get an Arrival card.  this is a two-part form, one for immigration, one for customs.  Do not fill up the part of the card that says for returning OFW’s … unless you are one.
  • Upon arrival proceed direct to immigration, WITH YOuR SPOUSE, politely request that the officer stamp you foreign passport with a BB stamp (I know of a few guys/gals who never asked, and thus only got a regular 21 day Tourist Visa waiver stamp … they were pissed, but hey, the immigration officer isn’t a mind reader, you don’t ask specifically for what you want, you don’t get).
  • If asked, produce your proof of marriage to your Filipino/former Filipino spouse.
  • When handed your passport LOOK At THE STAMP before you leave the counter.  This whole trip was abut getting that stamp, remember?  Don’t grab your passport and rush off because you are thinking about getting home.  You can not get Balikbayan status “after the fact”: it is a benefit granted upon arrival only, so if you can’t read the stamp (it will be just a hand-written “BB” inside the standard arrival stamp), politely ask the officer to point it out to you.  After you leave the counter it will be too late.
  • Proceed directly to the Duty Free counter to by the passalubong that wouldn’t fit in your luggage.
  • Hand the customs man your arrival form
  • Go home and enjoy another free year in the Philippines.

Popularity: 53% [?]

Reacquire Philippines Citizenship in the US or in the Philippines?

(Was formerly Philippines Questions — Round 11)

This is an update or amplification of a post first made back in 2008.  I’m going through the blog and updating, correcting, and amplifying some of the posts to make them more useful to my readers.  I’m also redoing some non-descriptive titles so that Google Search will find you the information you need, faster and more accurately, so you can better make the decisions you need to about Moving to the Philippines.

Today’s question involves a basic one and I’ll add a few amplifying comments


Should I Reacquire Philippine Citizenship before leaving the US or After I Return to the Philippines?


The simplest answer is, either way will work fine.  It’s a matter of dollars and cents and time factors.  Pros and cons sort of shake out like this:

If you reacquire while still living in the US the costs and the process at the Philippine Embassy in DC or at the Consulate office which serves your state

(you can’t pick and chose, here’s where you find out which Philippine Consulate office serves you)

may well be cheaper than after you move to the Philippines.  You have to consider that If you reacquire in Philippines Embassy
Creative Commons License photo credit: markhillary

the Philippines you will have to travel to the Bureau of Immigration in Intramuros, Manila at least once, according to my most recent information.  Thus the cost difference between the two will vary, depending on where you live now and where you will live in the Philippines.

You can save a little, on either side of the pond if you get your 13 series visa … Philippine Permanent Resident visa … at the same time the spouse reacquires.   Items such as passport renewal, registration of foreign marriage, registration of children and such can be accomplished at the same time as well.  A couple ‘think it through carefully’ thoughts:

  • Registration of your marriage: If you married in the US, sooner or later you are going to be asked for your marriage contract when you live in the Philippines.  Trust me, you will.  You can not use a US marriage certificate for many Philippine government requirements unless it is certified by the Philippine department of Foreign Affairs in the US.  This can not be done later in the Philippines, so get it done before you leave.

Re-reading this it occurs to me that even though I have made this number one on my list and even bolded a few things to set them off, I still wish there was a way to highlight it more brightly.  You made need your marriage certificate (or more often here called marriage contract) for many things you may not be thinking of now, as well as the common reason for acquiring a spousal permanent residency visa, traveling and availing of the Balikbayan Privilege program, etc.   Get it done before you leave your home country!!

  • Registration of Children:  Even if your children were born in the US, as long as one of their parents was a Philippine citizen at the time of their birth, they are natural born Filipinos under Philippine law.  You may think holding Philippine citizenship could never be an advantage to them, but unless you can predict the future better than I can, you may want to make sure they are registered now so that they can avail of things restricted to Filipino citizens in the future … voting, land ownership, etc.  (they can’t vote or own land until they reach maturity under Philippine law).

By the way, these children do not need to reacquire Philippine citizenship, since they ‘performed no act’ to lose their citizenship, as their parent did, they are still 100% Philippine citizens whether the parents think of then as Filipinos or not.  Only the person who ‘performs and act’ such as as swearing allegiance to the US loses their citizenship.  Children, under Philippine law can not legally perform such an act, so they are what they were legally at birth.

  • Philippine Passports:  Depending upon your decision on the children’s citizenship, you may wish to get them Philippine passports.  If you intend for them to travel with their US passports, they will have to either travel with the Filipino/former Filipino parent and enter as Balikbayan or they will have to have a permanent residency visa, so Philippine passports may be a useful thing to have.   Just the money and time you’d save in visas and processing alone makes this seem a useful choice.
  • Are You Sure Reacquiring is the Right Thing?: My wife, who lost her Philippine citizenship by becoming a US citizen was sure she wanted her Philippine citizenship back.  So she now has it and is a full-fledged dual citizen.  When I get around to applying for my permanent residency visa I will be able to do so based on her Filipino citizenship.  But suppose, for whatever reason, she had chosen not to reacquire Philippines citizenship?  I could also be living here based on her former Filipino status just as easily.
    • Both a Filipino spouse or a spouse with former Filipino status can acquire a permanent residency visa in his or her own right as well as sponsor a spouse and all minor children of their marriage.
    • There is no compelling need to reacquire just so the family can live in the Philippines.
    • Another alternative open to former Filipinos is the SRRV program.  I have several foreign former Filipino friends who did not wish to reacquire, one is a US citizen and one is a Turkish citizen.  They chose to avail of the SRRV (Special Resident’s Retirement Visa) program instead.  A former Filipino can invest as little as $1500 USD (which can be part of the payment for a residence (former Filipinos can still own land, unlike non-Filipinos)) and bring his or her spouse and minor children along under the program.

So in summary, decide first if you are positive you want to reacquire Philippine citizenship and then decide if you wish to spend the money and time before you travel here or after you make the move to the Philippines. Many seem to be ‘stuck’ on this issue and in truth, it is just not that big a deal.  You can succeed in your move using either method.

A good decision aid in this somewhat complex area of planning your Philippine move is Bob’s excellent  Philippine Immigration Guide

Popularity: 15% [?]

When is a Philippine Visa not a Philippine Visa?

In years or reading and participating in a lot of Philippine interest groups I think I’ve seen more misinformation about entry visas than I have seen regarding anything. This really doesn’t seem so complicated, but it certainly does seem to stump a lot of people.  I certainly won’t be able to dispel all the myths and clear up the confusion in one post, but I’m going to make a start at chipping away the iceberg.

TDMIA Clark passenger terminalhe simplest and most common visa situation is for the tourist who is not married to a Filipino or former Filipino citizen … which constitutes about 90% of the travelers getting off airplanes at Manila (Niñoy Aquino International Airport (NAIA)), Cebu-Mactan International Airport or Diosdado Macapagal International Airport (DIMA)) at Clark, Pampanga.

To visit the Philippines the simplest thing to do is just get on an airplane and travel. Citizens of the majority of the world’s countries are authorized entry into the Philippines on the 21 day visa waiver program. Show up at the immigration wicket, present you passport, and the immigration officer will stamp your passport with a visa waiver stamp good for 21 days. This stamp can later be extended if you desire to stay longer, up to two years (24 months) from your date of entry. A lot more detail on these procedures will follow. I am writing this post to start the discussion of right, by clarifying that the stamp you get at the airport is a visa waiver, and not a visa. Do you think I am being to persnickety or too over precise in making this distinction?

Perhaps I am, but there is a lot, I mean a lot of things to follow-on this subject, and it’s better, by far, to call things by their legal and proper names.

For one reason, when you enter the country under this program, you are actually admitted under a different Republic of the Philippines law than when you enter with an actual Tourist Visa, the stamp in your passport that you get from a Philippine embassy or consulate while OUTSIDE the Philippines.

Example of a passport stamp
The tourist visa is covered under a different public law.  At present, immigration handles Tourist Visas and Tourist Visa waivers pretty much the same, but that may not always be the case.  Also claiming to be the holder of something you do not, in fact possess (stating on an official document that you hold a tourist visa, when you hold a tourist visa waiver, as an example) might be the cause of legal action.  It is actually falsifying a government document.

The fact it happens every day and many people interchange the terms with impunity does not make it right.  Nor, does it make you safe if, as just one example, someone decides to try to find some technicality under the law to deport you on, or otherwise give you a hard time.

Creative Commons License photo credit: MPD01605

So, better safe than sorry. Just remember rule number one in the sticky wickets of visiting the Philippines as a tourist. If you got the stamp in your passport upon entry into the Philippines, you do not have a tourist visa, you have a tourist visa waiver .. that is a stamp issued by the government as a substitute for an actual visa.

)I’ve written more on the Philippine Tourist Visa and Philippine Tourist Visa Waiver here, and you can of course always use the “search Box” in the right hand side column to find more information.

More as it happens.

All information contained in this article and the entire website is personal opinion/experience only.  If you need legal advice, seek it from a competent practitioner.

Popularity: 5% [?]

Philippine Retirement — Do They Really Want Us?

My lovely wife just pointed this out in today’s news:

Investments in retirement industry seen to grow this year

By Ma. Elisa P. Osorio (The Philippine Star) Updated August 26, 2009 12:00 AM

MANILA, Philippines – Investments in the retirement industry are expected to increase this year in spite of the slowdown in the global economy, the Philippine Retirement Authority (PRA) said.

In a press conference yesterday, PRA acting general manager Reynaldo D. Lingat said they expect more investments in the retirement industry even if investments in other sectors are declining.

He said they are negotiating with several foreign investors for retirement villages. Lingat said an American firm will build a continuing care facility in Clark. He said the firm is looking at an idle land beyond Subic.

Lingat said a European firm has likewise expressed interest in investing in a retirement facility.

PRA chairman Edgar B. Aglipay said these investments came about as a result of a more integrated and wholistic approach combined with a sound partnership with the private sector.

PRA has adopted a program called Local Integrated Retirement Area (LIRA) system. “With LIRA local government units and private business organizations are bonded together to support our retirees in areas of safety, health and wellness,” Aglipay said.

Editor’s note: This would be a real plus if it can actually be brought to fruition, would be nice to have an example for present retirees to check out. As it is now, the same banks the PRA want retirees to deposit money in often erroneously require applicants to have a retirement visa before opening and account.  Similar artificial hurdles from non-PRA agencies and organizations abound.  Anyone you see ‘retired; here in the Philippines has persevered through many hurdles to get his or her visa, it is not made easy, and foreign investors can’t cure these anti-foreigner attitudes.

Aglipay said the new theme line for Philippine retirement captures the spirit of the lifestyle and mindset we can offer to retirees.

He said that no one else in the world smiles from the heart the way Filipinos can, and the phrase “Smile at Life” promises the retiree that the second half of his or her life can be the best it can possibly can. It is also a phrase that can mean many things to many people, wonderful landscape and climate; warm, friendly people; an affordable yet luxurious lifestyle, he added.

Very nice words.  Now put those words into action.  Make the PRA website a one stop shop to get a visa, rather than a list of requirements for a retiree to hurdle before s/he reports, standing tall, with all requirements in hand.  There is already a cottage industry here in the Philippines of folks (I hesitate to use the term ‘fixers’, but actually that is what they are) who charge as much as $1,000 YSD or more to fill up an SRRV application.  I can’t blame these folks for performing a service, but I can tell the PRA that they leave no doubt in the average retiree’s mind that they only want to deal with big money foreign investors and not with individual retirees who might be considering the Philippines.

The ‘smiles’ theme is nothing but fluff, the retired person who might want to come to the Philippines doesn’t get the ‘smiles’ until he or she has run a gauntlet and paid a lot of money.  I’m pleased by the foreign investment, I am not at all pleased by the PRA’s attitude to potential clients. 

Instead of crating a culture where the forms are so onerous people pay $1,000 just to get help in filling them up, why doesn’t the PRA have a staff section that helps people get visas and gets paid only for each approved candidate?  This would turn the whole process around if staffers were paid by visas granted rather than by standard salaries that they receive no matter what kind of service they provide?  Or so Dave opines.

Popularity: 7% [?]

Living in the Philippines — A Green Card is Not a Visitor’s Visa

Many of my readers either already have, or plan in the future to become quite well acquainted with the United States Permanent Resident Cara, commonly known as the “Green Card”.  Many folks I have chatted with in the past 10 or 11 years of being intimately interested in moving to the Philippines, living in the Philippines, bringing a Philippine citizen to the US, and other related matters, do not know much about this card, legal permanent residency status itself, and the rules, both written and unwritten that apply.

And, of course, why would many of you?  If you were born a US citizen, you already hold the right of residency from birth and all you know about the Green card comes from movies and bad jokes about Mexican illegal’s.

United States Permanent Resident Card A United States Permanent Resident Card, also known as a green card, is an identification card attesting to the permanent resident status of an alien in the United States of America. Green card also refers to an immigration process of becoming a permanent resident. The green card serves as proof that its holder, a Lawful Permanent Resident (LPR), has been officially granted immigration benefits, which include permission to reside and take employment in the USA. The holder must maintain permanent resident status, and can be removed from the US if certain conditions of this status are not met.

Green cards were formerly issued by the Immigration and Naturalization Service (INS). That agency has been absorbed into and replaced by the Bureau of Citizenship and Immigration Services (BCIS), part of the Department of Homeland Security (DHS). Shortly after re-organization BCIS was renamed to U.S. Citizenship and Immigration Services (USCIS).

An alien with a green card application can obtain two important permits while the case is pending. The first is a temporary work permit known as the Employment Authorization Document (EAD), which allows the alien to take employment in the United States. The second is a temporary travel document, advance parole, which allows the alien to re-enter the United States. Both permits confer benefits that are independent of any existing status granted to the alien. For example, the alien might already have permission to work in the United States under an H1-B visa. … a lot more factual information on the United States Permanent Resident Card from Wikipedia:

The most common way many of you become acquainted with the Green card is when a Philippine citizen is authorized to enter the US on a Fiancée Visa (K1 or K2) and then marries the US citizen who sponsor him or her.  The Fiancée visa holder may then apply for Permanent Residency in the US and eventually qualifies for a Green card.

Many folks I have talked to over the years never think any farther than this into the future.  They travel along in life figuring that once the US citizen spouse is issued his or her Green Card they can then live together in the US for as long as they wish.  If that is their real intention, they are right.  A permanent resident can stay in the US as long as s/he wishes and has most of the same rights and privileges as a US citizen.  They can work legally, travel unrestricted within the US, travel outside the US under certain conditions, and, of course, pay taxes.  Green Card holders are 100% subject to the rules of US taxation, which means reporting all income from inside or outside the US, no matter where they reside.  (Notice I said reporting, they may escape paying tax on certain income, as a citizen may also, but the declaration requirement is there.)

One big issue I see people running afoul of time and time again is travel.  Their plan is to travel often, or even continuously between the US, the Philippines and even other countries as well once the Philippine spouse gets LPR (Green card) status.  Up to a point they can do this, but that point is an ever shifting line in the sand, and every year since 2001, that line has become more and more restrictive. 

The USCIS’s rule regarding the Green Card is that it is a certificate to show LPR status for those, and only those, who actually are full-time permanent residents of the US.  A Green card holder can travel outside the US with a certain degree of freedom, but many folks I know skirt perilously close to the edge in their Green Card use.  Remember the Green Card can be confiscated by any USCIS officer who believes fraud is being committed and the USCIS can revoke the LPR status essentially ‘at will”.  The USCIS has stated many times that the Green Card is not a permanent multi-entry visa for entering the US and the specifically watch for this.  Every single trip outside the US puts the Green Card holder’s LPR status in some degree of jeopardy.  In particular:

  • “Frequent international travel”.  Is that statement obscure enough to suit you?  What constitutes “frequent” travel?  It is not in writing anywhere, it is basically at the discretion of the USCIS.
  • “Travel outside the US for one year or longer”.  In general this is considered automatic abandonment of LPR status.  So some folks take the view that as long as they return to the US once each year they are safe.  That’s where the ‘frequent’ issue crops up.  (a LPR may travel outside the US for up to two years if s/he applies for a reentry Permit before leaving the US … Reentry Permits can’t be applied for after the fact,from outside the US.)
  • It is very common for those abroad for even as long as 6 months now to be taken aside, questioned and warned at Ports of Entry,  Repeatedly drawing attention to oneself this way is likely a bad idea.
  • Failure to demonstrate real and viable US residency.  Some things the USCIS considers evidence of US residency are:
    • Filing US tax returns, year after year
    • Filing state tax returns (if the state of residency requires then)
    • Holding a valid driver license or state ID document
    • Owning a motor vehicle, registered in a US state
    • Having proof of insurance on that car
    • Having a current US health insurance plan
    • Owning or leasing residential properly in the US.
    • Paying US utility bills
    • Paying US property taxes
    • Having current US bank accounts.
    • Having current US-based credit cards billed to a U
      S address

You get the idea I think.  Bottom line is, don’t plan your life to be a ‘sometimes’ resident of the US on nothing more than LPR (Green card) status, coming and going at will as a US citizen is allowed to do.  It may be a much better bet for a legal resident to apply for and gain US citizenship (Naturalization) and remove all these issues from his/her life.  Planning to be a ’world traveler’ on nothing but a US Green Card puts you on shaky ground.  Don’t treat the Green Card like a Visitors visa.

Note:  None of this is to be construed as legal advice.  A lawyer I am not, and your cousin Freddie who does wills and small claims court cases for the folks at the local nursing home may not know much about US immigration law, either.  If you do need legal advice, or representation, I recommend  Attny Michael Gurfinkel.  I have personal knowledge of help he has given to US and Filipino clients and he has offices in the US and in Manila.  (I have no connection with attorney Gurfinkel and I don’t get remunerated for these recommendations, by the way)

Popularity: 4% [?]

Earn a Living in the Philippines — Fulfill a Need

It’s a bit amazing to me how many people write we, week after week about what sort of visa they would need in order to live in the Philippines.  All the information one could ever want is on line, especially on the new and improved Philippines Bureau of Immigration site (Thanks BI, even all the reduced down to only two and they are downloadable).  Resources readily at hand also include the hundreds of articles I’ve written on the subject right here, and many more on friend Bob’s site.

Maybe there is too much data … I dunno.  Anyway, Bob took a great step forward a couple days ago and produced a very simple and clear Immigration Guide that will guide you through the process of deciding what visa you need.  I highly recommend it, and for $10 ($9.99) actually, you can get the information in one place that might take you hours or days to find on your own.

Philippine immigration guide Know all those folks who write me and ask how to earn a living in the Philippines too?  This book (and Bob’s other books) are a great object lesson.  Find a need and fill it.  Instead of thinking ‘what can I find to sell to people … how can I convince them to buy?, find out what they are already hungry to buy and satisfy their need … the sales part just follows naturally.

Three quick comments on the different visas the book recommends.

Former Filipinos and the SRRV.  A former Filipino can avail of the SRRV for a very small investment, $1500 USD plus fees.  But mist would not want to … they can get a 13g visa for less.  bear in mind that the SRRV covers children they must be minors at the time the visa is applied for who are _not_ Philippine citizens .. like children of the spouse from a former marriage,  It also covers those children up to any age as long as the SRRV holder or his/her spouse is still alive.  This doesn’t apply to many folks, but it can be very important to those in an his/hers/ours family situation.

Second, the SRRV itself, especially the version for those over 50 with a monthly pension.  I see so many guys reject this visa out of hand, usually with one of two comments .. a., |I don’t have $10,000”.  My thought on that is, you have no business coming here then.  You need savings and this is a very, very bad country to be poor in.  Even younger people get heart attacks, car wrecks, etc. and you may literally die here without money.  Think this trough carefully.  The second objection always revolves around the attitude of “I am not going to tie up even $10,000 dollars in some Philippine bank.  Well the money only has to be in the bank 30 days.  After that you can take it out to make an approved investment.  One ‘approved investment’ is the lease of a home.  You have to live somewhere, and thus you have to pay rent or make condo payments.  So in reality, this visa is free.  Apply that $10,000 to your condo purchase or long-term home lease (which you are going to have to pay anyway) and live here as long as you want.

Lastly, and I’ll be brief and direct here.  Most people living here on a tourist visa or with their spouse on a balik bayan privilege stamp, make way, way too much out of the issue of a periodic trip outside the Philippines to restart their visa ‘clock’.  Flights to Singapore, Hong Kong, Macau (my recommendation) are very cheap if you take advantage of sales.  My wife and I went to Macau in February for less than $275 air fare, round trip for the two of us … total price.  International flying just doesn’t get a whole lot cheaper than that.  To my mind an annual trip to a close by but different location can be a nice plus factor to anyone’s life .. after all people do have wedding anniversaries or birthdays, don’t they?

OJK, enough of my rambling.  Got questions?  Buy Bob’s Guide.

Popularity: 2% [?]

Can My Philippine Friend Visit Me in the USA?

I have received a lot of queries over the years about visitor (B2) visas to the US for Filipinos.  How do they work, how much do they cost, can my girlfriend get one, etc.  It occurred to me today that I hadn’t written about these issues in some time, when I opened an email from a reader here with some specific questions.  Here are a few thoughts on the subject from my answer to him, along with some important source links.  This can be a very difficult subject, so be sure you go to official sources. 

This is also a prime area for fixers to pop out of the woodwork … there are probably more “fixer problems’” in this area than any other legal activity I know of in the Philippines.  Be sure you follow the official US State Department steps, and use only real, true legal documents.  You can’t go buying a birth certificate on Recto Street and expect to get a visa issued.  The folks at the US embassy have seen every scam in the book, there are no legitimate shortcuts..

Thanks for writing.  Yes, foreigners may have a very difficult time visiting the US, depending mainly upon their nationality, age, marital status and economic means.  I am assuming that you are writing about a friend in the
Philippines who holds Philippine citizenship, correct?  Essentially anyone who wants to visit the US must hold a valid
passport.

Second, those from countries which do not have a reciprocal ‘no visa’ agreement with the US must have a visa, issued by the US State Department in their home country before they can depart for the trip.  The Philippines falls in that category, Filipinos must have a visa before they can board a flight to the US.

Any Filipino has the right to apply for a US visitor’s visa.  It can even be done online now from the US embassy, Manila, website.  It costs US $131, cash, and the application fee is non-refundable.  You also might want to also read this page from the Embassy … always better to go to the source rather than listening to ‘what people tell you’.

As the State Department says, their main concern is evidence that will convince the Consular Officer that the applicant has ties here in the Philippines sufficient to cause the applicant to return to the Philippines.  Typically this includes real estate or incorporated business owned here, spouse, family, higher-level employment, etc.

There are at any given time hundreds of thousands of Filipinos "overstaying" their visas, that is, failing to return to the Philippines.  Sad fact, but it’s the truth.  The Filipinos even have a slang for it, Tent … tango nag tango … literally translates to "hiding and hiding".

A young person is usually very high risk, as they typically have no substantial ties here in the Philippines … nothing to lose if they leave and don’t return.  A young, single woman is a particularly high risk, because in addition to the possible intent she will find illegal (but readily available) work in the US and fail to return, she may find a husband in the US and not even have to worry about finding a job.

If the consular officer gets the idea she is trying to visit the US to meet an available man, it’s a virtual certainty the application will be denied … there’s virtually no chance she is coming back to the Philippines if he
issues her the visa to allow her entry.

These are the cold hard facts of life, my friend.  Her word means nothing … all applicants are basically treated as if they are lying (mainly because a huge percentage of them _are_).  Your word means nothing.  A US citizen has no real say in the matter.  Also, realistically, the US citizen has no control over the visitor after s/he enters.  Remember  too, realistically, you do not know this woman at all.  If it were to turn out she is not who you think she is in real life, what
alternatives would you have?

You can’t call the police and have her arrested for overstaying, if she runs off on her own the only crime is an immigration violation, you can only report the offense to the USCIS (formerly the INS) and they will add her to the list for apprehension/deportation.  Typically that could take 10 years, so you can see why this is considered a worthwhile gamble for Filipinos … even if eventually caught, they might get 10 years or more in the US for a hundred thirty one dollar visitor visa … better odds than buying lottery tickets for sure.

Many Americans get really angry when you bring out the facts this way.  Get used to it.  In immigration matters you have little or no say in the matter.  Just look at the news every day with people constantly complaining about
illegal immigrants, even arming themselves and threatening violence in some cases, and you’ll see why the laws are the way they are … if I were a Consular Officer, I’d probably deny a huge percentage of the applicants I
interviewed as well.

Hope this answers your questions, although I doubt the answers made you happy.  You want to meet this young lady?  Come to the Philippines yourself.

If you think I have missed the mark on anything here, or you want valid legal advice, which my meanderings certainly are not, this fellow is one of the world’s leading experts on US/Philippine immigration issues, and he will
give you straight, honest advice: http://www.gurfinkel.com/ (this is not a commercial link, I have no connection with attorney Gurfinkel), I just know he is a straight shooter and helps a lot of people with these sort of issues.

Popularity: 6% [?]

For All My Expat Readers — From Any Country

Here’s another important pass along from my colleague JD up in the cool Philippine climes of Baguio.  Many people think they can’t get permanent residency in the Philippines if they aren’t married to a Philippine citizen.  This would be a wrong assumption.  Many former Filipinos think they can’t come back to the Philippines permanently unless they reacquire their Philippines citizenship.  This would also be wrong.

And many foreigners and Filipinos alike have a wildly skewed concept as to how much and what sort of investment they need to make in order to have an SRRV … Special Resident Retirement Visa.

Here’s a great chance to get the true facts for free.  The location is in northern Luzon, for those not familiar with La Union .. right on the coast and a lovely place to visit in its own right.

Also note, this seminar is being held in the VFW post canteen as a courtesy of Post 9892, but it is not limited to VFW members or US military veterans … all expats/former Filipinos can attend … thanks Post 9892 and thanks again, JD for diligently spread if the word.


FOR ALL EXPATS!! The Philippine Retirement Authority (PRA)is sponsoring an SRRV Information Seminar.
Date: June 09,2009
Time: 3pm to 6pm
Place: VFW POST 9892 Canteen, Bauang, La Union (next to the Bali Hai East Resort)

This is a free information seminar sponsored by the PRA and hosted by the VFW Post 9892. Please pass this on to any expats who might have interest in this Visa.
JD

Popularity: 1% [?]

Philippine Questions and Answers — 23 Apr 2009

Instead of a direct question this week, I am going to address a couple issues that have come up from readers and fellow bloggers in the past few weeks regarding one of our favorite subjects … getting through the immigration and travel tax hassles at the airport.


Travel Taxes, Fees and Keeping Right With Immigration


A few weeks ago a fellow blogger posted a bit of a rant regarding an airline here in the Philippines.  He was understandably upset about not receiving a satisfactory answer about a Philippine Travel Tax payment the airline was trying to collect.  But the discussion immediately drifted away from the operative point that has caused his problem … regardless of the customer service provided or not provided by the airline, this fellow, a relatively long-time visitor here in the Philippines, had not gotten himself acquainted with the law.

Nobody much likes paying taxes and fees, but a lot of the angst and anger so many foreigners seem to carry with them every step of the way here could be avoided if we collectively just learned the rules.

Travel Tax:  Most of us who have flown out of the Philippines … either back to our home countries or to another international destination  … have seen the windows or counters at the airport where Philippine Travel Tax is collected.  because many foreigners only stay here a relatively short time, there is a perception that these taxes don’t apply to foreigners … only to Filipinos.  Well, that notion is wrong.  Better to know the rules before you buy your ticket or go to the airport.

This is an official tax and it applies to Filipinos, Philippine permanent residents (of any nationality), and temporary residents, (such as folks on tourist visas) who have been in-country longer than 1 year, are subject to it. The tax, by the way, is PhP1620 for tourist class tickets.   For tickets issued within the Philippines, the issuing airline or travel agent is required to collect this tax as an agent of the government.

Airline don’t always collect travel tax on ticket purchases.  But the rules do get enforced.  On my recent trip to Macau I was not charged the tax when I bought our tickets, but I was sent to the travel tax desk at the airport to pay it before we could get our boarding passes.

It’s only relatively recently that many foreigners have started staying longer than one year on Travel Visa or Travel Vise Waiver extensions, (we weren’t allowed to stay more than a year in the past), so don’t let this catch you by surprise.

There’s a pretty complete write-up on the travel tax from an official source here: http://www.philtourism.com/ttax.html

Exit Clearance: If you are a temporary visitor, don’t forget you are likely subject to this “gotcha”.  Check with your local BI office well in advance of your departure.   If you have been here longer than 59 days, you probably have to pay an ECC Fee before departure clearance is granted.   If you strayed longer than 6 month you need an actual certificate from the BI  (takes three working days to process) which you have to bring with you to passport control at the airport ..

Temporary Visitors who stayed in the country for more than 59 days but less than six (6) months are required to pay Emigration Clearance Certificate (ECC) Fee before departure.

If they stayed for more than six (6) months, they have to pay the ECC fee and must secure the ECC form and which requires fingerprinting at the BI. They must also leave unexpired their passports.
http://www.gov.ph/faqs/immigration.asp

(interesting side note for permanent resident visa holders … one of the advantages of holding a permanent residence visa is the exemption from the ECC requirement, or so I thought ;-)   turns out, as part of the fee structure for your visa, you pay an ECC fee each year, even if you never leave.  Talk about getting you coming and going LoL)

Length Of Stay:  I met an American fellow a few days ago  who had himself a really unique problem.  he was married to a Filipina and they last entered the Philippines almost one year ago using the wife’s Balik Bayan privilege … which as many of us know includes up to one year of stay in the Philippines, free, for the spouse of a Filipino/former Filipino when traveling together.  I’m on BB privilege myself (no, it is not a visa, by the way).  I actually wrote a rather lengthy explanation of his problem, but I’ve decided it might be identifiable to him and boring to the rest of you, so I’ll just leave you with this:

Me and You alone are solely responsible for our own immigration status.  not what our wives told us, not what some guy on line said, not what some travel agent told us, etc.  Do you know, to your own satisfaction, what it says in your passport is the last day of your stay allowed?  Better check, right now as you are reading this … I just did, AOK, 2 March 09 entry date with 1 year length of stay.  Be sure you know and keep track of what is in your passport, because in the end, only you are held resistible for it.

Happy Philippine Living.

Popularity: 4% [?]

Philippine Questions and Answers — 19 Mar 2009

It’s Thursday, time yet again for another installment of our regular Questions and Answers segment of PhilFAQS, the place to get the answers about living in the Philippines.  I really should have started this article out with a hearty  Konnichiwa to our Japanese readers and friends, because I notice a number of recent searches from Japan regarding:


How long can a Japanese national can stay in the Philippines?


The short answer is, everything you read about US visitors is essentially the same for our Japanese friends.  The Philippines is a pretty easy country to visit for the vast majority of the world’s citizens and much, much easier to stay long-term in than say, the US.  Here’s the full list of countries that can visit the Philippines and follow the same set of rules:

ENTRY VISA INFORMATION

  • Guidelines on the Entry of Temporary Visitors to the Philippines
    1. Nationals from countries listed below who are traveling to the Philippines for business and tourism purposes are allowed to enter the Philippines without visas for a stay not exceeding twenty-one (21) days, provided they hold valid tickets for their return journey to port of origin or next port of destination and their passports valid for a period of at least six (6) months beyond the contemplated period of stay. However, Immigration Officers at ports of entry may exercise their discretion to admit holders of passports valid for at least sixty (60) days beyond the intended period of stay.
    2. Nationals from the following countries are allowed to enter the Philippines without a visa for a period of stay of twenty-one (21) days of less:
      1. Andorra
      2. Angola
      3. Antigua and Barbuda
      4. Argentina
      5. Australia
      6. Austria
      7. Bahamas
      8. Bahrain
      9. Barbados
      10. Belgium
      11. Benin
      12. Bhutan
      13. Bolivia
      14. Botswana
      15. Brazil*
      16. Brunei Darussalam
      17. Bulgaria
      18. Burkina Faso
      19. Burundi
      20. Cambodia
      21. Cameroon
      22. Canada
      23. Cape Verde
      24. Central African Republic
      25. Chad
      26. Chile
      27. Colombia
      28. Comoros
      29. Congo
      30. Costa Rica
      31. Cote d’Ivoire
      32. Cyprus
      33. Czech Republic
      34. Democratic Republic of the Congo
      35. Denmark
      36. Djibouti
      37. Dominica
      38. Dominican Republic
      39. Ecuador
      40. El Salvador
      41. Equatorial Guinea
      42. Eritrea
      43. Ethiopia
      44. Fiji
      45. Finland
      46. France
      47. Gabon
      48. Gambia
      49. Germany
      50. Ghana
      51. Gibraltar
      52. Greece
      53. Grenada
      54. Guatemala
      55. Guinea
      56. Guinea Bissau
      57. Guyana
      58. Haiti
      59. Honduras
      60. Hungary
      61. Iceland
      62. Indonesia
      63. Ireland
      64. Israel*
      65. Italy
      66. Jamaica
      67. Japan
      68. Kenya
      69. Kiribati
      70. Kuwait
      71. Lao People’s Democratic Republic
      72. Lesotho
      73. Liberia
      74. Liechtenstein
      75. Luxembourg
      76. Madagascar
      77. Malawi
      78. Malaysia
      79. Maldives
      80. Mali
      81. Malta
      82. Marshall Islands
      83. Mauritania
      84. Mauritius
      85. Mexico
      86. Micronesia
      87. Monaco
      88. Mongolia
      89. Morocco
      90. Mozambique
      91. Myanmar
      92. Namibia
      93. Nepal
      94. Netherlands
      95. New Zealand
      96. . Nicaragua
      97. Niger
      98. Norway
      99. Oman
      100. Palau
      101. Panama
      102. Papua New Guinea
      103. Paraguay
      104. Peru
      105. Poland
      106. Portugal
      107. Qatar
      108. Republic of Korea
      109. Romania
      110. Rwanda
      111. Saint Kitts and Nevis
      112. Saint Lucia
      113. Saint Vincent and the Grenadines
      114. Samoa
      115. San Marino
      116. Sao Tome and Principe
      117. Saudi Arabia
      118. Senegal
      119. Seychelles
      120. Singapore
      121. Slovakia
      122. Solomon Islands
      123. Somalia
      124. South Africa
      125. Spain
      126. Suriname
      127. Swaziland
      128. Sweden
      129. Switzerland
      130. Thailand
      131. Togo
      132. Trinidad and Tobago
      133. Tunisia
      134. Turkey
      135. Tuvalu
      136. Uganda
      137. United Arab Emirates
      138. United Kingdom of Great Britain and Northern Ireland
      139. United Republic of Tanzania
      140. United States of America
      141. Uruguay
      142. Venezuela
      143. Vietnam
      144. Zambia
      145. Zimbabwe
    3. The following are allowed to enter the Philippines without a visa for a stay not exceeding fifty-nine (59) days:
      1. Holders of Brazil passports; and
      2. Holders of Israel passports
    4. The following nationals are allowed to enter the Philippines without a visa for a stay not exceeding seven (7) days.
      1. Holders of Hong Kong Special Administrative Region (SAR) passports.
      2. Holders of British National Overseas (BNO) passports.
      3. Holders of Portuguese Passports issued in Macao
      4. Holders of Macau Special Administrative Region (SAR) passports

So, if you get a visa from the Philippine Embassy in Tokyo in advance of your visit, you can stay for 59 days. (60 really, the day you arrive is a day “in the Philippines”, the day you leave is not counted as a day in the Philippines.)

If you come with no visa, you get an automatic, no cost “visa waiver” stamp at the airport.  Either the standard 59 day visa or the visa a waiver can be extended at any Philippine Bureau i-of Immigration office (for a fee, typically PhP 3000 or PhP 4000 (about 6000 to 7000 Yen at today’s rate)  extensions are for 2 months at a time up to a total of 16 months.  You may also stay longer than 16 months but this requires direct application/approval from the BI central office and is on a case by case basis).

You may leave the country at any time during those first 14 months and return, and the “cl
ock” will be reset for another 16 month stay.

If you are married to (or happen to get married to) a Philippine national or former Philippine national, then she or he can sponsor you for a permanent residency visa, which is good for life.

If you are unmarried, or married to a national of a country aside from the Philippines, you can look into an SRRV (Special Resident Retirement Visa).  There are investments required with this visa, they vary based on your age, but the program also provides a life-time “come and go” permanent Philippine residency status.  This program is quite popular with Japanese nationals to my understanding, you may have seen it marketed in Japan.

Lastly, if you are a businessman and want to open a business employing Filipinos. you may want to kook into an SVEG (Special Visa for Employment Generation) which requires substantial investment in a business but also provides lifetime come and go privileges.

Hope this helps.  As noted, these choices not only apply to our Japanese tomodachi wanting to visit the Philippines , but to all nationals listed in the unrestricted list above.


So, what’s your question?  Leave me a message here, call me on 719-966-4295 or text me on 0919-231-5625. More Q&A next week

Popularity: 3% [?]

Philippine Travel Tips — Part 1

I recently received an email query from a fellow planning his first trip to the Philippines.  He asked a number of specific questions about how he should prepare and since it is now a [rime time for visiting the Philippines I thought I would throw out answers to his specific questions plus a few more tips of my own.  I’ve flow round trip from the US to the Philippines about 8 times and I flew one way LAX to Manila in October, 2006.  I’ve also flown the Pacific (I lived for several years each in both Thailand and Japan)at least 15 other times.  I have also made numerous domestic flights here in the Philippines so although I am an expert in nothing, I have logged a lot of time logged in tourist class seats.

Time of Year:  I mentioned this is a good time, and I believe January through March are great for a first time trip almost anywhere in the Philippines.  It’s winter here in Luzon and the weather is a few degrees cooler, kids are still in school and the Christmas madness is over.  In  April and May it will get hot indeed, but as long as you watch out for the Holy Week (Easter) (April 5th through April 13th in 2009) this is a great time.  For those of you who are not very familiar with the Roman Catholic Calendar, here’s a good Church Calendar for the Philippines.  No matter what your religion or preferences regarding your faith, this is a Catholic country and religion is much more a part of daily and even business life than it is in the US).

Beach View.Creative Commons License photo credit: Jenah Crump What is the Weather: There are two ways to answer this.  The easy way and the hard way.  The easy way, remember the number ‘2” and the number “8”.  Whichever way it is easiest to you.  Why “28” or “82”?  Because there’s an excellent chance that is what the temperature is going to be.  (as I wrote this, a little past 10am Philippine Standard Time (we don’t screw around with that idiotic daylight savings time here) I checked the current temp in four cities from Tawi Tawi in the very far south to Baguio in the far north mountains, and one, Cebu, was at 29 degrees C and all the others were 27 or 28.  28 degrees Celsius is a ‘special’ temperature … it’s the same as 82 degrees Fahrenheit, so no math, no calculator, no tables of conversion are needed.  It’s always going to be 28C or 82F or a degree or two away.

Notable exceptions are winter nights in the high country, like Baguio and the like but the times it isn’t about 28 degrees somewhere actually makes the evening news.  It’s a very valid rule of thumb.

Now the “hard way”, or exact way is to go to my old friend Weather Underground’s Philippine Cities directory.  If you select the city closest to where you are going and browse around in the Almanac and History selection you will find day by day information, charts and tables with detailed weather history for the last 10 or 12 years.  An amazing resource.  You can also download the information in CSV format and do all sorts of analysis with Excel or the excellent Open Office spreadsheet if that’s your thing.  me?  I just plan on 82 degrees and forget about it.

Documents: For stays of 21 days or less, unless you are a national of a specially restricted country, your home country passport is all you need.  Full list of visa requirements for the Philippines here.  Your passport should be valid for at least 6 months past the date of the end of your anticipated stay.  You also need a return ticket or a follow-on ticket to some place other than the Philippines to avail of this “visa-less” privilege.  A question that come sup often … how do you count the days?  The day you arrive (the day your passport is stamped) is the first day of your visit.  (You might want to think about that if taking a late night flight).  The day before your passport is stamped for departure is the last day of your stay.

If you are planning to stay longer than 21 days you are required to get a visa before departure.  That is the law and I advise following it.  Do people just go with no visa and then extend their passport “visa waiver” stamp?  Absolutely.  It can be done and it is relatively easy.  (as long as you want to waste a day or more of your trip).  But getting the tourist visa in advance is the right thing to do if you intend to stay longer than 21 days.  Hint:  It’s much cheaper and easier too.  If you are a US citizen, here’s the website that shows you which Philippine consular office you use (it depends upon your state of residence) and the Philippine Tourist Visa application form is available here.

Do not be confused about this fact, please.  there is no tourist visa with a validity period longer than 59 days.  Period.  Many people have told me “I went ahead and bought the “one year” option from the Philippine Embassy.”  Well, actually, they didn’t.  They bought a one year multiple entry visa but the one year refers to the tines they may leave and re-enter the Philippines.  Each and every entry gets 59 days initially, period.  If you are coming for just one stay, you obviously just need the cheapest, one time visa option.

Drivers License: I’m already at nearly a thousand words here, so time to wrap this up.  I’ll talk more about driving, car rentals and such in a future installment.  But I’ll leave you with this tip:  You do not need an IDP (International Driving Permit) often referred to (incorrectly) as an International Driver’s License.  As long as your US (or other home country) is in English and valid, you can drive on it for 90 days from date of arrival in the Philippines.  The IDP is needed in a few countries, and it is needed when your home country license is not in English, it it is not needed (or even well known here in the Philippines and it is not required at all.  Actually, if you bother to read the words on any of those IDP’s it clearly states it is only valid when accompanied by a valid driver’s license from you country of citizenship anyway, so save yourself money and time and don’t bother.

OK, that’s enough for one day.  More as it happens.  Get busy and plan your trip.

Popularity: 20% [?]

Embarrassing BI Visit 16 Jan 2008

How to drive to the BOI in Angeles City

Even though I’ve been living full time in the Philippines for more than a year now. I’m still staying here on a Tourist Visa.

Yes, I am legal, by the way, under certain conditions you can do things like add Tourist privileges on the end of a one year Balik Bayan (BB) visa and stay for up to two years.

Did you notice the word I used above?  privileges?  I really do consider living here a privilege … but one of the things that sets me on edge from time to time is that it’s pretty darn clear by both words and attitude that a lot of my expat compatriots don’t share my views.

Now I have a reputation for being ‘preachy’ and I don’t like that trait in others, so I am sure going to try to refrain from it here.

But yesterday i had to take a visitor to the BID office in Angeles City because the person had erroneously bought tickets that included a stay of more than 21 days … the maximum the Philippines allows without a visa.  In fact, when you check the rules (as I would assume anyone traveling to a foreign country would do, before setting off on the trip) the government of the Philippines clearly states that visits planned for more than 21 days require a visa, in advance.

There’s no real penalty, though, if you pay to extend the 21 day visa waiver stamp you automatically get on arrival.  Costs more than if you got the visa in the first place, but far better thna getting fined and having a violation on your record.

My friend made no scene or public fuss, filled up the form, paid the money to the cashier and we all sat down to await the passport’s return.

In the door came a decently dressed, well groomed American-looking man in his late 50′s I would judge.  The guard, as is is his job to do, politely, in perfect English asked the man what his business was … it’s the guard’s job to direct people … and this particular guy couldn’t be more pleasant and helpful … I’ve been to this office several times he unfailingly courteous and helpful.

In a split second I was reminded of that phrase that Yogi Berra is famous for saying (or not saying), it was ‘deja vu all over again’ and I was transported back in time a week or so to when I read a post on my blogging freind Feyma Martin’s blog about visiting the BI.reverse side of Philippine ACR-I card

front side of Philippine ACR-I card The new visitor barked at the guard that his purpose was to make his annual  registration and shoved his ACR-I card in the guards face forcefully enough to make the guard jump back … wow … surprised me.  The guard took the rudely proffered document, looked at it and asked if it had been renewed/registered since 2006?

The older man spun ’round, shoved his face close to the guard’s face and barked, in a sharp and loud voice that turned every head in the office, "Didn’t I just tell you this was ny first registration?"

The guard seemed to take it in stride .. frankly, I was embarrassed at the man’s volume and tone, he hadn’t been there 30 secnds yet and no one had offered him any provocation … retrieved the proper form from the stacks on the counter and handed it to the customer, requesting, in a subdued voice that the man fill it up and return for a customer service number.

The ‘ugly American’ stalked over to a counter and began filling out the form, muttering loud enough for all to hear, "They want your money and yet they won’t even take it without yet another damn form.  With all we do for this country you’d think they would treat us better".

My friend’s passport was then brought out and we took it and left … I stopped for a second to say goodbye to the guard and tell him I’d see him again March 1st when my next renewal is due … and to thank him for his help … it didn’t cost me anything … he smiled and wished us well and we got in the car (parked at the front door of the office, of course) and got on the road.

As I drove I pondered a few questions in my mind … what did the guard do wrong? … what did that guy ‘do’ for the Philippines … what do I ‘do’ for the Philippines … is the Philippines ‘doing’ enough for me … just what is a privilege, anyway?

Anyone else got thoughts, questions, answers?

By the way, when you go to extend your stay, you can download the form and fill it up tp avoid waiting.

Popularity: 12% [?]

How Much Does It Cost For Visas — Part 1 Of Many

boi_logo One question everyone asks is the cost for a visa to stay in the Philippines for either a specific length of time or forever.  I could make ten blog posts out of that question but for today I’m going to outline the costs for living in the Philippines on a tourist visa.

You can arrive here in the Philippines with nothing in your hand but a US passport and you will be granted a 21 day "visa waiver" stamp, for free.  This is probably the most common route for first-time visitors and you may do it this way as often as you wish.

It is possible to extend this stamp by converting it to an actual tourist visa … but I don’t recommend this route unless you truly could not foresee the fact you wanted to stay longer.  The reason s I don’t recommend doing it this way:

  1. It costs less money to do it the "right" way … that is to get a 59-day tourist visa through the Philippine Embassy before you go.
  2. If you book air travel for longer than 21 days between entry and exit to the Philippines your airline may deny you booking at the last minute … or (rare, but could happen) the Philippine BID (Bureau of Immigration and Deportation officers at your arrival airport could deny you entry.
  3. It is’ not what the law says to do … and I believe in following laws, especially Philippine Immigration law to the letter as a visitor.  People can, and do get deported for running afoul of the law and it is just too easy to stay legal instead of taking a risk.

So if you are coming to the Philippines for longer than 21 days, start here:

http://www.philippineembassy-usa.org/home.htm

One confusion factor many folks have is the various visa lengths offered.  The length of time you’ll see on that web site are the lengths of time you may wait before entering the Philippines .. or for multi-entry visas, the length of time you’ll be able to make other entries…. but all of the visas confer the one-time right of entry for 59 days … a one year visa still only lets you stay 59 days at a time … and unless you plan to be traveling a lot in and out, no need for multi-entry.  The cheapest single entry visa, for about $30 USD will serve you and it ‘s actually less than entering for free and then extending your 21 Day visa waiver.

OK, so you came with a legal visa and now you want to stay even longer than the initial 59 days.  Can you do it?  Yep, easy enough and completely legal.  Just go to the closest BID off and apply, pay a fee, get your passport stamped and you’re good to stay.  You can also use a licensed travel agent to do this for you, for an additional fee, of course.

Regional offices are here:

http://immigration.gov.ph//index.php?option=com_content&task=view&id=128&Itemid=72

The cost actually varies a bit based on which month of the stay you are in.  The official costs are listed here:

http://immigration.gov.ph//index.php?option=com_content&task=category&sectionid=6&id=17&Itemid=43

You can just use a rule of thumb that you’ll pay about 12 or 1300 Pesos per month … some trips will cost less, some more.

So, in summary, it’s not that hard to stay legal:

  • Get a visa before you leave your home country if you plan to stay more than 21 days.
  • At the expiration of your initial period of stay, go to the nearest office and renew
  • Have fun

Popularity: 4% [?]