Title
Visa Upon Arrival for Cruise Tourists
Law
Bi Immigration Memorandum Circular No. Sbm-2014-016
Decision Date
Oct 13, 2014
Visa Upon Arrival (VUA) is granted to visa-required tourists arriving in the Philippines on cruise ships, with specific eligibility criteria and procedures to be followed, while non-compliance may result in exclusion or deportation.
cruise ships
vessels
visa upon arrival

Legal basis and policy intent

  • The BI administers immigration and alien admissions under Commonwealth Act No. 613, as amended (Philippine Immigration Act of 1940).
  • The Commissioner of Immigration exercises rule-making authority under Section 3 of Commonwealth Act No. 613, as amended.
  • The Circular is designed to make entry easier, more convenient, and less costly for cruise tourist-passengers.
  • The Circular supports increased inbound tourism receipts by encouraging international cruise liners to call at Philippine ports.

Definitions and the VUA grant

  • The Circular grants Section 9(a) Visa Upon Arrival (VUA) to visa-required foreign nationals who meet the eligibility conditions for tourist-passengers on cruise ships/vessels.
  • Section 9(a) VUA under this Circular authorizes an authorized stay of fourteen (14) days.
  • Section 9(a) VUAs issued pursuant to this Circular are not eligible for extension or conversion to other immigration status.

Who may apply and stay

  • Tour operators or shipping agents must sponsor eligible passengers; they may not sponsor unless qualified.
  • Only visa-required nationals arriving as temporary visitors as tourist-passengers on board cruise ships/vessels are covered.
  • Eligibility applies to tourists-passengers arriving into the Philippines in any Philippine seaport.
  • Cruise tourists must be handled by a DOT-accredited Philippine tour operator or a Philippine-licensed local shipping agent.
  • A Section 9(a) VUA tourist-passenger must satisfy all eligibility conditions, including passport validity and confirmed onward travel.

Eligibility standards and documentary conditions

  • Tourists-passengers must be tourist-passengers on board a cruise ship/vessel handled by a DOT-accredited Philippine tour operator or a Philippine-licensed local shipping agent.
  • Tourists-passengers must hold a national passport/travel document valid at least six (6) months beyond the contemplated stay.
  • Tourists-passengers must have a confirmed return or onward ticket to the next country of destination.
  • Tourists-passengers must not be in the BI Blacklist and must not be excludable under Section 29 of Commonwealth Act No. 613, as amended.
  • Tourists-passengers must be subject to payment of prescribed fees by the responsible sponsor at the required time and place.
  • Tourists-passengers must pay the prescribed fees upon the filing of the letter-request or to the BI authorized collecting officer at the seaport of entry upon arrival.

Fees for VUA and mandatory ancillary charges

  • The Circular prescribes U.S.$25.00 or U.S.$100.00 VUA fees depending on sponsor type and group size, plus fixed Philippine peso charges for Legal Research Fee and Express Lane Fee.

  • The Legal Research Fee is Php10.00 and the Express Lane Fee is Php500.00 for all listed cases.

  • Sponsored by DOT-Accredited Philippine Tour Operator

    • For Individual Travelers: VUA Fee U.S.$25.00; Legal Research Fee Php10.00; Express Lane Fee Php500.00.
    • For Tour Group of 3 to 19 members: VUA Fee U.S.$25.00; Legal Research Fee Php10.00; Express Lane Fee Php500.00.
    • For Tour Group of 20 and more members: VUA Fee U.S.$15.00; Legal Research Fee Php10.00; Express Lane Fee Php500.00.

  • Sponsored by Philippine-Licensed Shipping

    • For Individual Travelers: VUA Fee U.S.$100.00; Legal Research Fee Php10.00; Express Lane Fee Php500.00.
    • For Tour Group of 3 to 19 members: VUA Fee U.S.$100.00; Legal Research Fee Php10.00; Express Lane Fee Php500.00.
    • For Tour Group of 20 and more members: VUA Fee U.S.$100.00; Legal Research Fee Php10.00; Express Lane Fee Php500.00.

Application and BI processing procedure

  • The sponsor must submit the application 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 required applicant is the DOT-accredited Philippine tour operator or the Philippine-licensed local shipping agent handling the cruise.
  • The sponsor must file an application letter sponsoring and requesting the issuance of Section 9(a) VUA containing:
    • the tourists-passengers’ full name,
    • date of birth,
    • nationality,
    • photocopies of valid passport biographical page,
    • confirmed return or onward ticket, and
    • voyage details.
  • The sponsor must attach an Affidavit of Undertaking, sworn by the President or General Manager of the DOT-accredited tour operator or Philippine-licensed shipping agent.
  • The Affidavit of Undertaking must state that the sponsor will assume liabilities for administrative fines and other sanctions imposed by the BI for violations of immigration laws, rules, and regulations, including costs for the repatriation of any tourist-passenger issued a Section 9(a) VUA who fails to leave as indicated in the confirmed ticket or within the 14-day authorized stay.
  • The BI must process and evaluate the application letter and issue an Order when appropriate, signed by the BI Commissioner or a duly authorized representative.
  • The BI Order must include the names and personal details of the tourists-passengers granted with Section 9(a) VUA and their voyage details.
  • The BI Order must be transmitted and received by:
    • the DOT-accredited tour operator or Philippine-licensed local shipping agent,
    • Immigration Officers conducting advance boarding formalities on board the cruise ship/vessel, and
    • the BI Sub-port Office nearest to the seaport of entry,
    • at least four (4) hours prior to the scheduled departure from the last foreign seaport of origin.
  • During advance boarding formalities, the tour operator or shipping agent (or its duly authorized representative on board) must present a copy of the BI Order to Immigration Officers.
  • If required fees are not paid at the time of filing, the sponsor must pay them to the BI authorized collecting officer at the seaport of entry upon the cruise ship/vessel’s arrival.

Sponsor and passenger limitations

  • No Philippine tour operator or local shipping agent may sponsor issuance of a Section 9(a) VUA under this Circular unless it is DOT-accredited (for tour operators) or Philippine-licensed (for local shipping agents).
  • Section 9(a) VUAs issued under this Circular may not be extended or converted to any other immigration status.
  • Tourists-passengers must arrive and depart using the cruise voyage details specified in the BI Order, except in cases of force majeure or medical emergency.
  • Tourists-passengers may change their date of departure or port of exit only if:
    • a written request with a new Affidavit of Undertaking stating the new date/port and reasons is filed by the DOT-accredited tour operator or Philippine-licensed shipping agent, and
    • the request is approved by the BI prior to the date of the original scheduled departure, and
    • the rescheduled departure date is within the 14-day authorized stay.

Sanctions and enforcement consequences

  • The BI may cause the exclusion or deportation of any Section 9(a) VUA-issued tourist-passenger who fails to comply with entry requirements or the terms and conditions of stay, without prejudice to other applicable penalties under Philippine laws, rules, and regulations.
  • The BI may recommend to the appropriate authorities the imposition of sanctions against the DOT-accredited tour operator or Philippine-licensed local shipping agent for violations of immigration laws, rules and regulations or any provision of the Circular.
  • The BI may impose administrative penalties against the DOT-accredited tour operator or Philippine-licensed local shipping agent that fails or refuses to comply with the terms and conditions of its Affidavit of Undertaking.

Reportorial duties and timelines

  • The tour operator or local shipping agent must render a report to the DFA, DOT, and BI within twenty-four (24) hours if any Section 9(a) VUA-issued tourist-passenger:
    • disappears,
    • is absent from the tour itinerary, or
    • otherwise fails to leave the Philippines within the scheduled departure.
  • The BI must inform the DFA and DOT within twenty-four (24) hours of any exclusion or deportation of any Section 9(a) VUA-issued tourist-passenger on board a cruise ship/vessel.
  • The BI must submit a monthly report to the DFA and DOT of all Section 9(a) VUA issued pursuant to this Circular.

Repeal and effectivity mechanics

  • All circulars, memoranda, orders, and other issuances inconsistent with the Circular are repealed and/or modified accordingly.
  • The Circular takes effect immediately upon the signing hereof.
  • A copy of the Circular is furnished to the Office of the National Administrative Register (ONAR), U.P. Law Center, University of the Philippines, Diliman, Quezon City.

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