QuestionsQuestions (IMMIGRATION MEMORANDUM CIRCULAR NO. SBM-2015-011)
To promote the sustainable voluntary return of overstaying foreigners and to provide alternatives to holding their physical custody while ensuring compliance with immigration laws.
They must: (a) have overstayed more than 24 months but less than 48 months; (b) have total stay in the Philippines less than 48 months computed from the latest recorded arrival; and (c) pay updating fees/penalties, IARC Clearance Certificate fee (IARC), and express lane fee.
When they overstayed for 48 months or more, or when their situation does not fall under Section 2(1)(a) and (b). They pay updating fees and penalties only, but must submit NBI clearances.
They must: (a) overstayed more than 36 months but less than 60 months; (b) have total stay in the country less than 60 months computed from the latest recorded arrival; and (c) pay updating fees/penalties, IARC fee, and express lane fee.
They are allowed to update their TVVs with ORDER TO LEAVE and inclusion of their names in the BLACKLIST, paying updating fees and penalties only, but required to submit their NBI clearances.
The Commissioner may allow them to update TVVs without including their names in the BLACKLIST, considering Filipino lineage, medical condition, minority, old age, contribution to Philippine society/economy, and other analogous circumstances, subject to reporting to the Secretary.
Circumstances similar in nature to humanitarian grounds or public interest contributions—e.g., serious health conditions, vulnerable status, or comparable socio-economic/community contributions—based on the Commissioner’s sound judgment.
They must submit: (1) a letter request stating latest arrival, financial/other distress, that they have not committed any immigration violation other than overstaying, desire to return, and commitment to leave within 15 days from approval; and (2) NBI clearance, except minors below 15 years of age.
Yes. Section 6 states that the names of such distressed overstaying foreigners who voluntarily returned shall be included in the BLACKLIST.
They are subject to summary deportation.
Within 24 hours from receipt, they must endorse the application to the Legal Division (LD).
Within 48 hours from receipt, the LD forwards the draft order to the Office of the Commissioner, resolving whether the applicant falls under Section 2(a)/(b), Section 3(a)/(b), Section 4, or whether they should undergo deportation proceedings under Section 7.
Within 24 hours from receipt of the signed Order, they implement it with respect to the payment of immigration fees and charges, penalties, and administrative fines for overstaying foreigners under Sections 2 and 3.
The ARD issues the required Exit Clearance Certificate.
It must include assessed fees and penalties, the IARC fee, the express lane fee, and a cash bond in case of application for readmission/lifting of their names in the BLACKLIST.
It implements all Orders to Leave issued pursuant to the Circular and submits a monthly report to the Office of the Commissioner and the LD on foreigners who failed to comply, with non-compliance subjecting them to deportation proceedings.
After 15 days from publication in a newspaper of general circulation.