What to do when you overstayed?

I have noticed a significant increase in the number of temporary visitors who have overstayed their allowable stay in the country. If you are one of those mentioned and clueless on what do then this is for you. You can simply go to the nearest immigration office in your area and request for an extension provided that your overstay is less than six months. Please see the link and contact details of the different Immigration Field Offices. nationwide.

You have to apply for a visa waiver if your initial admission was for 30 days prior to granting an additional stay of another twenty nine (29) days. You may apply for one (1) month, two (2) months or six (6) months extensions at least one week prior to the expiration of your 29 days authorized stay.

Non-visa required national may now extend their stay up to thirty six (36) months while visa required nationals may extend their stay up to twenty four (24) months as per Memorandum Circular No. SBM-2013-003.

Foreign nationals who have overstayed for more than six months but not more than 12 months, they will have to apply for extension at the Immigration main office in Intramuros. You have to submit an Affidavit of Explanation stating valid grounds with supporting documents why you failed to extend your stay. The application will require the approval of the Commissioner.

Foreigners who have overstayed for twelve (12) months or less but have been in the country beyond the maximum allowable period already may be permitted to update their stay but an Order to Leave will be issued giving them fifteen (15) calendar days to leave the country and their names may be included in the Bureau’s blacklist upon the discretion of the Commissioner. The Commissioner, in the exercise of sound judgment, may allow such foreigners to update and extend your stay taking into consideration their Filipino lineage, medical condition, minority and other analogous circumstances.

Foreigners who have overstayed for more than twelve (12) months regardless if their stay is within the maximum allowable period or those found to be overstaying by virtue to a complaint or Mission Order regardless of the period shall be referred for deportation.

In addition to the extension/ updating fees and other charges, you will be required to pay all immigration arrears imposed by Republic Act No. 562, as amended.

Foreign nationals who have been Ordered deported for overstaying or those who have been Ordered to leave the country will have to secure National Bureau of Investigation (NBI) clearance, Emigration Clearance Certificate (ECC) and a confirmed ticket. Your passport will be given to you by an immigration officer at the airport prior to your departure.

If you have questions about this Article or will require a legal advise, please email me alexacain@gtalawphil.com or SMS me +63 917 5002878 or viber me +63 917 5002878.

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