QuestionsQuestions (BI MEMORANDUM ORDER NO. RADJR-12-007)
If the foreign national applies while in the Philippines, the procedure is called “cancellation and/or downgrading.” If the foreign national is abroad, the procedure is simply “cancellation.”
It cites Section 3 of Commonwealth Act (C.A.) No. 613, the Philippine Immigration Act of 1940, as amended, which grants the Commissioner the rule-making authority.
It authorizes adjustment/reversion of the foreign national’s immigration status to temporary visitor/tourist status under Section 9(a) of the PIA.
No. Under Section 22-A of the PIA, there shall be no automatic cancellation and downgrading of visas. Automatic cancellation occurs only when the foreign national dies or when his visa expires while he is abroad.
If granted, the applicant is allowed to remain for fifty-nine (59) days as a temporary visitor/tourist, commencing from the date of approval of the downgrading.
The foreign national is considered an overstaying alien, but remains entitled to the 59-day allowance, commencing from the date of expiration of the visa. Additional monthly extensions may be applied to update the stay.
If the period of update exceeds six (6) months, approval of the Commissioner or his authorized representative(s) must be secured.
An additional update fee of Php 1,000.00 is charged for the 59-day allowance if the request was filed within the 59-day period after visa expiration.
In addition to a motion for reconsideration fee of Php 500.00, the applicant is subject to the usual fees, penalties, and charges depending on the length of overstay, without prejudice to sanctions the Commissioner may impose.
Proof of notice to the Department of Justice is required.
It must indicate: (1) the period when the downgrading commences; (2) any extensions subsequently sought; (3) the fees paid; and (4) a directive ordering the Records Section to furnish such Orders to government agencies administering a special visa.
A grace period is an interim visa granted to holders of non-immigrant visas (except temporary visitor as visa under Section 9(a) of the PIA), special non-immigrant, or probationary visa under Section 13(a) of the PIA while an extension/amendment application is pending. Temporary visitor status under Section 9(a) is excepted.
The application for extension or amendment must be filed before the expiration of the visa.
It takes effect from the date of expiration of the visa sought to be extended/amended, or from the date an earlier grace period expires.
A grace period may be granted for one (1) month to six (6) months, depending on the request and/or valid reasons. Extension requests must indicate why the principal application has not yet been acted upon.
It allows the grantee to continue exercising the privileges under the visa without being deemed in violation of conditions of stay, and prevents automatic cancellation of the visa when the holder is abroad and the visa expires.
Mandatory requirements include: a duly notarized letter request; proof of payment via official receipt; a copy of the stamped letter request with date received; a stamped copy of the filled-up General Application Form for extension/amendment; proof of payment again; and a copy of the airline ticket if applicable. Fees per month include Php 150 application fee and Php 500 express lane fee; plus Php 10 legal research fee. No certification fee is assessed.