Title
BI Memo Circular on Blacklisting Overstay Foreigners
Law
Bi Memorandum Circular No. Mcl-08-029
Decision Date
Jun 3, 2008
The Philippine Immigration Act of 1940 grants the Bureau of Immigration the authority to enforce immigration laws, including issuing departure orders and blacklisting overstaying foreigners, in an effort to address the issue of temporary foreign visitors who overstay without a valid reason.
A

Issue of Overstaying Foreign Visitors

  • Monitoring by the Bureau reveals that many temporary foreign visitors fail to extend or update their tourist visas.
  • Despite existing programs like Visa Issuance Made Simple (VIMS) aimed at simplifying visa extensions, overstaying persists.
  • Such violations of immigration requirements are deemed unacceptable and intolerable.

Classification and Treatment of Overstaying Foreigners

  • Temporary foreign visitors who overstay without valid reasons are considered undesirable.
  • These individuals are to be ordered to leave the country.
  • Names of overstaying foreigners are to be included in the Bureau of Immigration blacklist.

Procedures for Overstaying Foreigners

  • Overstaying visitors may regularize their stay by paying all required fees, fines, and penalties.
  • Upon regularization, they must leave the Philippines within ten (10) calendar days.
  • The circular’s provisions apply to all temporary foreign visitors overstaying on or after July 1, 2008.

Legal Remedies and Enforcement

  • The circular does not prevent the Bureau from applying other legal actions or remedies against overstaying foreigners according to existing laws, rules, and regulations.

Effectivity and Dissemination

  • The circular took effect on July 1, 2008.
  • It mandates immediate publication in a newspaper of general circulation.
  • A copy must be filed with the Office of the National Administrative Register (ONAR) and furnished to all concerned parties.

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