Law Summary
Filing Dates and Effects on Visa Status
- Applications filed on or before visa expiration allow the foreign national to stay as a tourist for 59 days from approval, with possible extensions under tourist visa restrictions.
- Applications filed within 59 days after visa expiration deem the foreign national overstaying but still entitled to a 59-day allowance beginning from visa expiration, with possible monthly extensions up to six months subject to commissioner approval and additional update fees.
- Applications filed after 59 days from visa expiration incur additional fees including motion for reconsideration and penalties according to overstay duration, with possible sanctions.
Non-Automatic Cancellation of Visas
- No automatic cancellation or downgrading of visas except when the holder dies or the visa expires while the holder is abroad.
Cancellation/Downgrading of Visas Under Special Laws
- Visas granted by special laws require clearance or endorsement from the administering government agency.
- Special non-immigrant visas under Section 47(a)(2) that are unexpired require proof of notice to the Department of Justice.
Contents of Cancellation or Downgrading Order
- The order must specify commencement period of downgrading, extensions granted, fees paid, and direct Records Section to notify relevant government agencies.
- Sanctions are communicated to Alien Registration, Intelligence divisions, and the Office of the Commissioner.
Grace Period for Visa Holders
- Grace period is an interim visa for holders of non-immigrant visas (except temporary visitor visas under Section 9(a)) or probationary visas while extension or amendment applications are pending.
- Application for grace period must be filed before visa expiration and may be filed any time before visa renewal or implementation.
- Grace period starts from visa expiration or end of an earlier grace period.
- Validity ranges from one to six months, with extensions allowed if justified by delay in principal application.
- Allows continued exercise of visa privileges without violation and prevents automatic visa cancellation when abroad.
Grace Period for 9(f) Student Visa Holders
- Grace period serves as an exit visa for students to settle affairs prior to leaving the Philippines.
- No extension application needed for grace period.
- Duration ranges from one to six months.
Requirements for Cancellation, Downgrading, and Grace Period
- Cancellation/downgrading requires photocopies of the valid passport including bio-data and visa pages, and a signed letter-request with "no derogatory record" stamp.
- Grace period requires a notarized letter-request, receipt of fee payment, copies of extension/amendment applications duly stamped, and airline ticket if applicable.
Fees for Cancellation and Downgrading
- Fee structure depends on timing of application:
- On or before visa expiration: Php 3,600 total (application, legal research, certification, BI clearance, express lane).
- Within 59 days post-expiration: Additional Php 1,000 update fee (total Php 4,600).
- Beyond 59 days post-expiration: Additional update, motion for reconsideration fees (Php 1,000 and Php 500 respectively), and monthly extension fees plus penalties as per overstay.
Fees for Grace Period
- Php 150 application fee per month.
- Php 500 express lane fee per month.
- Php 10 legal research fee.
- No certification fee applies.
Amendment and Effectivity
- This memorandum order supersedes all inconsistent previous issuances from the Bureau of Immigration.
- The order took effect immediately upon issuance on March 7, 2012.
- Copies disseminated to national legal registers and institutions like UP Law Center for information and compliance.