Title
Supreme Court
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.

Law Summary

Eligibility Criteria

  • Must be a visa-required foreign national arriving as a temporary visitor
  • Tourist-passenger on board a cruise ship/vessel handled by accredited operator
  • Passport valid for at least 6 months beyond intended stay
  • Confirmed return or onward ticket
  • Not listed in BI Blacklist or excludable under Section 29 of the Philippine Immigration Act
  • Payment of prescribed fees according to sponsorship and group size

Prescribed Fees

  • Differentiated between DOT-accredited operator sponsorship and Philippine-licensed shipping agent sponsorship
  • Tourist individual fees range from USD 15 to 100 depending on sponsorship and group size
  • Additional legal research fee (PHP 10) and express lane fee (PHP 500)

Application Procedures

  • Application letter must be submitted 2 working days before departure from last foreign port
  • Letter must include details of tourists, passports, tickets, and voyage details
  • Affidavit of Undertaking by tour operator or shipping agent undertaking liabilities
  • Bureau of Immigration processes and issues an Order granting VUA
  • Order transmitted to tour operator/shipping agent, immigration officers on vessel, and BI Sub-port Office at least 4 hours before departure
  • Advance boarding formalities require presenting the Order
  • Fees unpaid during application are paid upon cruise arrival

Prohibitions and Limitations

  • Only DOT-accredited tour operators or licensed local shipping agents may sponsor visa-required nationals
  • VUAs under this Circular cannot be extended or converted to other immigration status
  • Tourist must arrive and depart on the same cruise vessel as per approved voyage details unless changes are requested and approved
  • Change requests require new Affidavit and must be within 14-day authorized stay

Sanctions

  • BI may deport or exclude any tourist failing to meet entry or stay requirements
  • Sanctions may be imposed on sponsoring operators or agents for violations
  • Administrative penalties may be applied for failure to comply with Affidavit of Undertaking

Reporting Requirements

  • Tour operators or agents must report any tourist who disappears or fails to leave within 24 hours to DFA, DOT, and BI
  • BI must inform DFA and DOT within 24 hours of any exclusion or deportation
  • BI to submit monthly reports of all Section 9(a) VUA issued

Repealing Clause

  • All inconsistent circulars, memoranda, orders, and issuances are repealed or modified accordingly

Effectivity

  • Circular takes effect immediately upon signing
  • Copy furnished to Office of the National Administrative Register, U.P. Law Center, University of the Philippines, Diliman, Quezon City

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