QuestionsQuestions (BI IMMIGRATION MEMORANDUM CIRCULAR NO. SBM-2014-016)
It governs the grant of Section 9(a) VUA to visa-required nationals who arrive as tourist-passengers on board cruise ships/vessels calling on Philippine ports, handled by accredited Philippine tour operators or licensed local shipping agents.
They must: (1) be tourist-passengers on a cruise ship/vessel handled by a DOT-accredited operator or a Philippine-licensed local shipping agent; (2) hold a national passport/travel document valid at least six (6) months beyond the contemplated stay; (3) have confirmed return or onward tickets; (4) not be in the BI blacklist nor excludable under Section 29 of CA 613; and (5) pay the prescribed fees upon the filing of the letter-request or to the authorized collecting officer at the seaport of entry.
Only DOT-accredited Philippine tour operators may sponsor, for DOT-accredited sponsorship; and only Philippine-licensed local shipping agents may sponsor if they are the shipping agents. No operator/agent may sponsor unless they meet the accreditation/licensing requirement.
For individual travelers: U.S.$25.00 if sponsored by a DOT-accredited Philippine tour operator; U.S.$100.00 if sponsored by a Philippine-licensed local shipping agent. (Both include the same PHP10.00 Legal Research Fee and PHP500.00 Express Lane Fee as stated.)
For tour group of 3–19: U.S.$25.00 (DOT-accredited sponsor) or U.S.$100.00 (licensed shipping agent). For tour group of 20 and more: U.S.$15.00 (DOT-accredited sponsor) or U.S.$100.00 (licensed shipping agent).
Two (2) working days before the scheduled departure of the cruise ship/vessel from its last foreign seaport of origin before entering the Philippines, the DOT-accredited tour operator or Philippine-licensed local shipping agent must submit the application letter sponsoring and requesting issuance of Section 9(a) VUA.
It must include: full name, date of birth, nationality, photocopies of the valid passport biographical page, confirmed return or onward ticket, and voyage details, as well as an Affidavit of Undertaking.
It is a sworn statement executed by the President or General Manager of the sponsor (DOT-accredited operator or licensed shipping agent) stating that it will assume liabilities for administrative fines and other sanctions imposed by BI for violations of immigration law/rules/regulations, including costs for repatriation of any tourist-passenger issued Section 9(a) VUA who fails to leave as indicated in the return/onward ticket or within the 14-day authorized stay.
BI will process and evaluate the application letter and issue an Order if appropriate, signed by the BI Commissioner or authorized representative, containing the names/personal details and voyage details of the passengers. The Order must be transmitted and received at least four (4) hours prior to scheduled departure by: (i) the sponsor, (ii) immigration officers assigned to conduct advance boarding formalities, and (iii) the BI Sub-port Office nearest to the seaport of entry.
The sponsor (or their duly authorized representative on board) must present a copy of the BI Order to the Immigration Officers.
Prescribed fees not yet paid upon filing must be paid by the tour operator or shipping agent to the BI authorized collecting officer at the seaport of entry upon the cruise ship/vessel’s arrival.
No. The Circular explicitly states that Section 9(a) VUAs issued under this Circular are not eligible for extension or conversion to other immigration status.
Except in force majeure or medical emergency, changes require (1) a written request with a new Affidavit of Undertaking stating the new departure date or port of exit and reasons, filed by the sponsor and approved by BI prior to the date of the original scheduled departure; and (2) the rescheduled departure must be within the 14-day authorized stay.
The sponsor must report to DFA, DOT, and BI within 24 hours if any VUA tourist disappears, is absent from itinerary, or fails to leave. BI must also inform DFA and DOT within 24 hours of any exclusion or deportation of such tourists. BI further must submit a monthly report to DFA and DOT of all Section 9(a) VUAs issued pursuant to the Circular.
It takes effect immediately upon signing (13 October 2014). The repealing clause provides that all circulars, memoranda, orders, and other issuances inconsistent herewith are repealed and/or modified accordingly.