Question & AnswerQ&A (BI MEMORANDUM ORDER NO. RADJR-12-007)
Cancellation and/or downgrading of visa is the procedure that authorizes the adjustment or reversion of a foreign national's immigration status granted under the Philippine Immigration Act or special law to temporary visitor/tourist status under Section 9(a) of the PIA.
A formal request for downgrading must be filed on or before the expiration of the visa granted to prevent the foreign national from being considered an overstaying alien.
The foreign national is allowed to remain in the country as a temporary visitor/tourist for a period of fifty-nine (59) days from the date of approval of the downgrading.
The foreign national is considered overstaying but is still entitled to the 59-day allowance starting from the expiration date of the visa. They may also apply for additional monthly extensions subject to restrictions and fees.
No, there is no automatic cancellation and downgrading of visas except when the foreign national dies or the visa expires while the holder is abroad.
A clearance or endorsement from the government agency administering the special law is required, and for special non-immigrant visas under Section 47(a)(2) that have not expired, proof of notice to the Department of Justice must be presented.
A grace period is an interim visa granted to holders of non-immigrant visas (except temporary visitor visas) while their application for extension or amendment of visa is pending, and it allows continued stay without violation of visa conditions.
The grace period takes effect from the date of expiration of the visa sought to be extended or amended, or from the date an earlier granted grace period expires.
A grace period may be granted for a period from one (1) month up to six (6) months depending on the request and valid reasons.
The mandatory requirements include photocopies of the applicant's valid passport with visa stamps, and a signed letter-request from the applicant or authorized representative with a 'no derogatory record' stamp.
The total fees amount to Php 3,600.00, comprising application fee (Php 1,000), legal research fee (Php 10), certification fee (Php 500), BI clearance (Php 1,000), and double express lane fee (Php 1,000).
The foreign national must pay an update fee, a motion for reconsideration fee, and monthly extension fees, penalties, and charges depending on the length of overstay, based on the sanctions imposed by the Commissioner or authorized representatives.
The grace period acts as an exit visa allowing the student to wind up affairs in the Philippines before departure. An extension application is not required for this grace period.
The fees include an application fee of Php 150.00 per month, express lane fee of Php 500.00 per month, and a legal research fee of Php 10.00. No certification fee is charged.
The order shall indicate the commencement period of the downgrading or grace period, any extensions sought, fees paid, and directives for notifying appropriate offices or government agencies.