Current Visa But Forgot To Leave The Philippines After 18 Months

[mefrmrdic]

hi.........i have a problem. my visa is current but i forgot to leave the philippines after the aloted 18 months.and to make matters worse it has been quite a while. i just would like to know the penalty so i can make plans if it is harsh. thanks for ur time.

mike

[Dave Hounddriver]

That is a bit confusing. If your visa is current then you have done nothing wrong so long as you leave the country or renew before your visa expires. What are we missing here?e

[mefrmrdic]

correct...my visa is current but as i saidi did not leave the country after a continous 18 month stay. visitor visas require that u leave the country after a continous 18 month stay. i don't want to elaborate on the reason but i haven't left since 8-09

[Dave Hounddriver]

Tourist (temporary visitor) visas do require that you leave the country every so often. Normal is 16 months. You can stay up to 2 years with written approval and jumping through a lot of hoops. You can even stay longer with extenuation circumstances like being confined to a hospital bed.

But to my knowledge you cannot legally renew your visa without following the above conditions. Thus I am at a loss to understand how your visa can be current (legally) and yet you have not left the country since 2009.

I am going to suggest that perhaps an immigration official made a 'mistake' stamping your visa when it should not have been done. I have actually heard of that happening. When the man I am thinking of went back to the official who made the mistake he was able to get an exit clearance and took a trip to Hong Kong and back. He is now a legitimate tourist again. Of course, if the person to stamp your visa is no longer employed there, then the task is to find a sympathetic ear in BI and that is getting tougher every day.

[mefrmrdic]

thanks..........do u have any idea the worse thing that might happen over this situation because the immigration officer who last stamped my passport extending my visa is no longer here and the office is closed.

[mefrmrdic]

sorry but i keep loosing my internet connect so i'm not sure if my reply got sent or not so here goes again.....do u have any idea what be the worse penality might be regarding my problem because ur right the official is no longer here and the office is closed.

[Dave Hounddriver]

I have noticed that happening a lot. 'That' being immigration officers who made 'mistakes' are no longer working there. The only legal course of action is to follow the BI advice stated on their web site which I will transcribe here. I would suggest that, while they are in the mood to correct mistakes made in the past, now is the time to ask to get it straightened out. No one can tell you what the penalty will be but I strongly suspect that the motivating factors will be to get your visa straitened out and get you paying regularly again. My best guess is that you will have to leave the country, pay a fine plus any back fees they deem necessary and then you should be good to come back as a tourist again. Especially if you have been staying out of trouble, more so if you are supporting a live in partner, and if you have a baby with her they are extremely reluctant to put family men on the blacklist so it is going to be all about the money.

http://immigration.gov.ph/index.php?option=com_content&task=view&id=1694&Itemid=78

ILLEGAL ALIENS TOLD: COME OUT AND LEGALIZE YOUR STAY

JUNE 19, 2012

The Bureau of Immigration (BI) urged yesterday aliens who are illegally staying in the country to regularize their immigration status by updating their stay or applying for the appropriate visa.

In a statement, BI Commissioner Ricardo David Jr. called on the illegal aliens to voluntarily surface and visit any immigration office in their locality to have their stay legalized.

“I have instructed our field offices to provide assistance and utmost service to these foreigners so they will be encouraged to legalize their stay and apply for appropriate visas,” David said.

David urged overstaying foreign tourists to “come out, go to the nearest BI field office, update your stay and pay the required fees and fines to the government.”

He explained that in general tourists may extend their stay every two months up to a total of 16 months at our various districts and field offices while extensions after 16 months up to 24 months need the approval of the BI immigration regulation division chief. Extensions after 24 months require the commissioner’s approval.

For aliens who are working without permits, they were advised to apply for an alien employment permit (AEP) with the Department of Labor and Employment (DOLE) after which they may file their petition for a working visa with the BI.

David also said that foreigners married to Filipinos are eligible for permanent residence and foreign students must secure a special study permit or visa.

The BI chief issued the statement as he announced plans by the bureau to conduct a nationwide census of foreigners in the Philippines .

He said the survey aims to make an approximate, if not exact, count of the number of aliens in the country and that its results will help the BI craft policies for the benefit of foreigners.

Lawyer Ronaldo Ledesma, BI acting alien registration chief, disclosed that there are more than 200,000 registered aliens who are holders of immigrant and non-immigrant visas.

He said the figures do not include the tourists on temporary stay in the country.###

[mefrmrdic]

ok thanks for ur time but as a reminder my visa is current because is seems like thnoncurrent visa ownerse info u included in ur message seems aimed at expats with visa that are not current. i will have to make plans to visit another immigration officer and be prepared to exit the country asap, but for how long is in question since i'm currently renting a house. thanks again

[Dave Hounddriver]

If all you need to do is exit the country and come back then an overnight trip is the bare minimum. Just be sure to go to BI to get an ECC before leaving. Thats where they clear you on the computer to be sure you have a clean record before allowing you to leave. It must be done by all temporary visitors who have stayed more than a year and it needs to be done within 30 days of leaving. Cost is about 700 and you need to bring 3 pics that are 2 x 2 in size.

[Mike S]

Wow this is an interesting case ..... the only time I have heard of this happening with a valid visa was a 13a in which the wife died or they became legally separated in which case the guy was supposed to go back on his tourist visa ..... in the 20+ years I have been involved with Philippines website this is the first I have heard of something like this ...... very interesting ..... and no ..... sorry I have no solution ...... wish I did ..... be sure and let us know the out come .... good luck .... :thumbsup: ..... :cheersty: