Legal basis and rule-making authority
- The Order is anchored on Commonwealth Act (C.A.) No. 613 (Philippine Immigration Act of 1940), which provides the Commissioner’s rule-making authority under Section 3.
- The Order implements the rule against automatic action by citing Section 22-A of the PIA.
Policy and uniform implementation goals
- The Order is issued to make Bureau of Immigration services accessible and available to the transacting public.
- The Order is issued to ensure uniformity, consistency, and predictability in implementing immigration rules and regulations.
Definitions and key concepts
- Cancellation and/or downgrading of visa is the procedure authorizing the adjustment or reversion of a foreign national’s immigration status (granted under the PIA, special law, or regulation) to temporary visitor/tourist under Section 9(a) of the PIA.
- Grace period (GP) is an interim visa granted to holders of non-immigrant visas, except temporary visitor/tourist under Section 9(a) of the PIA, and also to holders of special non-immigrant or probationary visa under Section 13(a) of the PIA, while the application for extension or amendment is pending.
- Automatic cancellation is limited to death of the foreign national or visa expiration while the foreign national is abroad.
Coverage: who may apply and when
- The cancellation/downgrading procedure governs applications and orders for cancellation and/or downgrading of visas.
- Cancellation/downgrading is triggered when the foreign national applies while in the country; if the foreign national is abroad, the procedure is referred to as cancellation.
- Grace period is available only to holders of non-immigrant visas (excluding temporary visitor/tourist under Section 9(a)), special non-immigrant visas, or probationary visas under Section 13(a).
- The grace period application must be filed before the expiration of the visa sought to be extended or amended as a condition sine qua non for the grant and extension of grace period.
Rules on cancellation and downgrading
- Cancellation and/or downgrading authorizes reversion of status to temporary visitor/tourist under Section 9(a) of the PIA.
- No automatic cancellation and downgrading applies. Automatic cancellation occurs only when the foreign national dies or the visa expires while abroad.
- If the visa to be cancelled/downgraded was granted under a special law, a clearance or endorsement from the government agency administering the law is required.
- For special non-immigrant visas under Section 47(a)(2) that have not yet expired, proof of notice to the Department of Justice is required.
Filing dates and resulting stay allowances
- A formal request for downgrading filed on or before the visa expiration permits the applicant to remain for fifty nine (59) days, commencing from the date of approval of the downgrading.
- An applicant granted the 59-day allowance may apply for extension of that period, subject to all restrictions imposed on ordinary tourist visa holders.
- If the formal request is filed within fifty nine (59) days after visa expiration, the foreign national is treated as an overstaying alien, but remains entitled to the 59-day allowance commencing from the date of expiration.
- If the initial 59-day allowance is insufficient to cover the period of overstay, the applicant may apply for additional monthly extension to update stay; if update exceeds six (6) months, approval of the Commissioner or authorized representative(s) is required.
- If the request is filed within the 59-day allowance period, an additional update fee of one thousand pesos (P1,000.00) is charged for the 59-day allowance.
- If the formal request is filed after fifty nine (59) days from visa expiration, the foreign national is subject, in addition to a motion for reconsideration fee of five hundred pesos (P500.00), to the usual fees, penalties, and charges depending on the length of overstay, without prejudice to any sanctions the Commissioner or authorized representative(s) may impose.
Contents and distribution of cancellation orders
- A cancellation/downgrading order must indicate the period when the downgrading commences.
- A cancellation/downgrading order must include any extensions subsequently sought.
- A cancellation/downgrading order must state the fees paid.
- The order must direct the Records Section to furnish the Orders to government agencies administering a special visa.
- Orders imposing a sanction must be furnished to the Alien Registration and Intelligence divisions, and this Office.
Grace period: grant, effect, and purpose
- Grace period is granted to allow continuing exercise of visa privileges while the extension or amendment is pending, without being deemed in violation of conditions of stay.
- Grace period also prevents automatic cancellation of the visa when the holder is abroad and the visa expires.
- A formal request for grace period may be filed any time before the visa is renewed or implemented.
- Grace period takes effect from the date of expiration of the visa sought to be extended or amended, or from the date an earlier grace period expires.
- Grace period may be granted for one (1) month to six (6) months, depending on the request and/or valid reasons.
- Subsequent grace period extension requests must state the reasons why the principal application has not yet been acted upon.
- A grace period order must include the date when the request for renewal or amendment was filed, the visa’s expiration date (or when it will expire), the duration of the grace period, and the fees paid.
Special rule: grace period for 9(f) students
- The grace period for a holder of a 9(f) student visa is an exit visa allowing the student to wind up affairs in the country prior to departure.
- An application for extension of the 9(f) student visa is not required for the grace period.
- The grace period for 9(f) student visa is for one (1) month to six (6) months.
Requirements and mandatory fee schedule
- Mandatory requirements for cancellation/downgrading are:
- a photocopy of the applicant’s valid passport, particularly the bio-data page and all pages with Philippine visa stamps; and
- a letter-request signed by the applicant or authorized representative of the petitioner, with a “no derogatory records” stamp.
- Mandatory requirements for grace period are:
- a duly notarized letter request from the petitioner, applicant, or authorized representative;
- an official receipt as proof of payment of applicable fees;
- a photocopy of the letter request for extension or amendment of visa stamped with date received;
- a photocopy of filled-up General Application Form for extension or amendment of visa, duly stamped “received” and correspondingly dated;
- a photocopy of the official receipt as proof of payment of applicable fees for the application for extension or amendment of visa; and
- a photocopy of airline ticket, if applicable.
Fees for cancellation and downgrading
- For applications for cancellation and downgrading filed on or before the date of expiration of visa, the following fees apply:
- Application Fee: Php 1,000.00
- Legal Research Fee: 10.00
- Certification Fee: 500.00
- BI Clearance: 1,000.00
- Double Express Lane Fee: 1,000.00
- TOTAL: Php 3,600.00
- If the downgrading application is filed within fifty nine (59) days after expiration of the visa, an additional update fee is assessed:
- Update Fee: Php 1,000.00
- TOTAL: Php 4,600.00
- If the downgrading application is filed beyond fifty nine (59) days after expiration of the visa, additional charges apply, including:
- Update Fee: Php 1,000.00
- Motion for Reconsideration Fee: Php 500.00
- Monthly extension fees, penalties, and charges depending on the length of overstay
Fees for grace period
- For grace period, the following fees apply:
- Application fee (per month): Php 150.00
- Express Lane fee (per month): Php 500.00
- Legal Research Fee: Php 10.00
- No Certification fee shall be assessed.
Supercession and amendment of inconsistent issuances
- All Bureau orders, circulars, issuances, and memoranda inconsistent with BI Memorandum Order No. RADJR-12-007 are amended or modified accordingly.
Effectivity and implementation
- The Order is effective immediately upon issuance.
- Copies are to be furnished to the National Register and the UP Law Center, Diliman, Quezon City.
Repeals, separability, and sunset
- Section 7 provides a supercession clause amending or modifying inconsistent Bureau issuances.
- The Order contains a directive for immediate effectivity and does not establish a sunset or expiration date.