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.
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.
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Being a Fil-Am couple, my asawa and I obtain one-year balikbayan visas when we arrive at NAIA. All we need to do is ask for them from the immigration clerk after deplaning, and be prepared to produce proof of (former) citizenship and proof of marriage. We’ve never been asked to produce any proofs in the 25+ years we’ve been visiting, however.
Most every Fil-Am couple I know makes use of balikbayan visas whenever they return home for a visit. The small number who don’t are surprised to find out about them; and some have even discovered that, on previous trips, they unknowingly were given balikbayan visas.
There are a couple of additional privileges connected to this visa that fall in the duty-free and tax-free categories, but they’re not that important to short-term visitors.
Hi Paul,
Thanks for visiting and for eaving such a useful comment. I tried to write the post “short” (by my wordy standards) so of course didn’t take an extra sentence or two to make it clear I was talking about toutist visas. I’ve written many times about the Baliak Bayan, in fact it’s how I got here and how I was able to move y household goods here, easily.
But absolutely, for Former Filipons or Phil-Am couples the Balik bayan is the way to go … but not for single non-Filipino tourists. Thanks again, Paul.
Hi Dave,
I was under the impression that the “day you arrived” (date your passport is stamped) was the first day, but you say “you count this from the first full day you are in the Philippines”.
Secondly, you say “airline should have refused them boarding “- why would the airlines refuse them boarding? Is this a US rule? And how would the airlines know if they were going to extend their Visa or not? It makes no sense to me.
You are right about sending a prepaid return envelope, even though the Visa application does not specifically state this! I did not include one here in Austria, and I phoned them them a week later inquiring where my passport was. “But sir, you did not include return postage!” was the reply. They were holding it in the Embassy, but had never contacted me.
Thanks for the article.
Hi John,
Delighted to see you on. Good comments too, here’s y cut at the answers:
#1. Couting says: I actually used to excplain it differently, but the language I used came from a BI phamphlet I have see. You can count the days from the first full day you are in the Philippines until the day your passpoprt gets stamped, de[paetring. or, you can count the days from the day your passport is stamped “Arrived’ until the day _before_ your passport is stamped on departure … it will comes pout the same. The point ius, there is a ’spare’ day …the day you arrive in the Philippines _or_ the day you depart the Philippines is not counted.
A relarted quesyion that I was asked before but could find no reference for … I learned from personal expereince last month. The BU at NAIA apparently keeps the same ‘day’ from start of a business day to start of the enxt day, they do not ’start’ the new day at midnight. I arrived at 00:30 on the 24th of February and it was closer to 0100 on the 24th before my passport was stamped, but it shows me entering on the 23rd. People have asked me that ‘midnight’ question several times, centering around the idea tat they would “drag their feet” leaving the airplane and “walk slow” so as to arrive at the Immigration kiosk _after_ midnight local. Apparently, that doesn’t copunt.
Late night arrivals do, though, “cheat” the visitor out os aday, so if you can plan to arrive at like 0600 or 0900, it’s better becuase you get more time to do somehting on that day.
Secondly, “Why would airlines refuse them boarding’? They were scheduled to be in the Philippines 1 day longer than 21 days, is why. The airline violated the law by boarding them. In order to gain their certificate to allow them to fy passengers to the Philippines, an airline has to agree to follow the laws of the Philippines. This includes insuring passengers they deliver here are properly documented. Fines for not comply can range as high as $50,000 USD ($10,000 USD is typical), _PLUS_ the airline bears the responsibility of returning the ‘refused’ person to point of origin or ‘home country’. This is actually a pretty common rule, world wide, and the reason the airlines typically check passports, visas and dates.
Yes it is surprising how many people have run afoul of that return postage deal in many different countries. One could take the position it is “bad customer service” on the part of the consulates/embassies … or could could take the position of being a clerk in the bowels of the building and having these passports piled on your desk with now addresses, no envelopes and no budget for postage. Either way, it is about you getting your document back, rather than the correctness of your opinion … sometimes people lose sight of this fact.
Even with my years of service in the most well-funded government service in the world … USA … there is more than one time something didn’t get done … or some government employee dug into his/her own pocket to get something done … because the budget had no line item for a stamp, or a cheap long distance call, etc.
Hi Dave,
You missed a point in my “why should the airlines care” question. If you are on a 21 day Visa, the airlines shouldn’t care. If you have booked a flight to return in 45 days or whatever, then they shouldn’t care either, as it is very easy to renew your Visa in the Philippines as you have stated above. So what is the purpose of having the airlines control passenger stays in Philippines, when they have no idea if the person is extending or not.? It makes no sense.
John, I’m surprised that someone who has been in the Philippines as many times as you have would make the mistake of ascribing logic to law … especially Philippine law.
The laws/rules, as dictated by the Tmatic database … which all major airlines are set up to follow … says that passengers must have return or onward travel in-hand before boarding … within their period of authorized stay. The law does _not_ account for extending.
If no visa, must have onward travel within 21 days of arrival. If on a tourist visa, must have onward travel within 59 days of arrival in the Philipines. The only exceptions are:
Philippine citizens
Balikbayan and their spouses and children if traveling together
Holders of permanent visas (13a, 13g, SRRV, et al)
And the airlines are charged with assuring the onward travel is in-hand before boarding the visitor.
Does this make sense, given that anyone may extend? Ummm, not much I suppose, but since when did the law have to make sense?
In Lexington, Kentucky it is illegal to carry an ice cream cone in your pocket.
Quebec law states that all business signs must be in French. If the owner wants English on the sign then the French print has to be twice as large as the English print.
In the UK it is an act of treason to place a postage stamp bearing the British king or queen’s image upside-down.
Philippine Republic Act 7279 (the Urban Development and Housing Act) states: Trespassers who disregard property rights cannot be made to move out and their illegal structures cannot be demolished without the landowner finding a relocation site for them and paying them first.
Need I continue?
Cheers
The reason is that the airline is responsible for returning someone to their home country if they overstay their Visa.
The airlines will force people to buy a round-trip ticket.
A workaround is to but a one-way ticket to the PR with a 21 day stay and a ticket to another country, such as Hong Kong or Malaysia but not to use it.
I don’t know if this still works, but I know someone who bought a round-trip ticket to PR from the US and ended up getting an extended Visa, so he cashed in his ticket for the flight home and is still there as far as I know.
I’m sure their are others that can explain this better than I, but that’s basically it.
Ok guys, I know about the round-trip ticket, but had never heard anywhere that it was enforced by the airlines as well as the Bureau of Immigration! Thanks for the info!