My 36 month tourist VISA will expire and I don't want to leave my son

James Cuervo wrote:

Hello, hope everyone is doing okay!

I'm faced with a horrible situation, where I forgot that I can't stay more than 36 months on a tourist visa. I'm 24 and not married (can't get married because processing other papers, getting married will make this process longer), upon my last extension the official told me I had to leave in September, basically saying it ''didn't matter if I had a kid''.

Now since then, I've been looking for options EG; Student VISA, Workers VISA, to no avail, getting stressed due to lack of options and I'm hoping to find some here. Doing a VISA run would've been the best option but due to covid, that's not possible.

Any type of input would be appreciated, thanks for taking your time reading this.

TLDR: I have a kid and can't extend my visa anymore, don't want to leave him without a father.

I think overstay have to pay a penalty of peso 500 every month of overstaying

You have to leave or pay overstay fine. Why i got 13a marriage visa

Your not alone, I am supposed to leave in August. I did get married in April but I don't think my 13a visa will be approved by then, so I have just applied for an extension beyond my August visa expiry. I don't know if this will be successful or not as this kind of extension is usually only granted to people who are not fit to travel and have a statement from a doctor to that effect.

Thanks for your reply, if I overstay 6+ months then go to the airport and pay, I shouldn't have any problem at the airport when leaving? Also, if I could apply for a marriage VISA I would, sadly that's not possible.

James Cuervo wrote:

Thanks for your reply, if I overstay 6+ months then go to the airport and pay, I shouldn't have any problem at the airport when leaving? Also, if I could apply for a marriage VISA I would, sadly that's not possible.

If you overstayed 6+ months then you would have to go to Bureau of Immigration, pay up, including penalties and apply for an exit visa without which you will not get through the airport. However, you may be blacklisted and be unable to return to the Philippines in the future. The best think to do in my opinion is to find an attorney to help you to make an application for an extension based on your wish to stay here and support your son.

Totally understand, seems a little weird to me that a spouse is more binding to the law than your own son/daughter, I guess you could have a kid then get the VISA and never support him, anyway thanks for your help and replies! Hope you get your 13Avisa soon!

Thanks, everybody for their replies, just trying to keep bumping this post, in hopes of getting some answers.

"I think overstay have to pay a penalty of peso 500 every month of overstaying"

That's 3 cappucino's in pound sterling 

Lotus Eater wrote:

"I think overstay have to pay a penalty of peso 500 every month of overstaying"

That's 3 cappucino's in pound sterling 

4 packets of cigarettes in manila

Yes that was just my point Richard. If you overstayed a whole year that equates to about £90 or $120 in greenbacks which to me does not seem much of a deterrent with the caveat that you could potentially be blacklisted from re-entering the country.

Hire an immigration lawyer, unless you prefer to take the chance of waiting in prison before being deported and banned from returning for life.

Any chance you could pay the overstay in advance?   

Hello, thanks for your kind replies, I've had friends that have overstayed and just paid the penalty at the airport, but as mentioned before you can be banned. As an update to my situation (to who is interested). I recently e-mailed the ACO of the NBI in Davao and he told me to go there, he was not very clear in his e-mails and just told me to go there but I'm hopeful that I will be able to fix my problem. If that doesn't work, hiring an immigration lawyer might be the next step. Hope everyone has a great week!

Thanks for contributing to my thread!

Richard Yan wrote:

Lotus Eater wrote:

"I think overstay have to pay a penalty of peso 500 every month of overstaying"

That's 3 cappucino's in pound sterling 

4 packets of cigarettes in manila

In Singapore maybe you'll a packet of generic branded cigarettes.

Lotus Eater wrote:

Yes that was just my point Richard. If you overstayed a whole year that equates to about £90 or $120 in greenbacks which to me does not seem much of a deterrent with the caveat that you could potentially be blacklisted from re-entering the country.

If you go more than 6 months without extending, you have to make an affidavit explaining your overstay, and plead for your next extension. I found this out the hard way, because I followed the lockdown rules and didn't go out from March until November in ‘19. As soon as I was able, I made the online appointment and went to the main office. As soon as I got to the information desk, I had to make an immediate detour down the street where they made up the affidavit of overstay (1000p), then I went back, submitted my paperwork, they gave me a paper telling me to call in ten working days. They have the option of imposing a fine of up to 20000 pesos, and you take the risk of being deported and banned.
After the ten days, I was approved for my extension for humanitarian reasons. Total penalty was 4000 with no extra fines. So I suggest caution on your overstay.
If things haven't cleared up travel wise by the time my 36 months have ended, I plan to request humanitarian extensions, since I can't get vaccinated under my tourist visa at this time here in the Philippines.

Been there done that, 6 or 7 days late (apparently) after my local immi office reopened after months of closure and head office immi advising there will be no fines for tourists stuck here and unable to extend visas. Go figure, PHP 3,030 pesos later for the fine. At the end of the day? We ain't gonna change the system, it eventually changes us.

Cheers, Steve.

Even after securing the basic SRRV (smile visa) you still have to pay 18,000p/yr just for its srrv *card renewal fee thats a whopping 54,000p/*3yr (I too feel thats excessive) .....You could easily get a used motorbike for that much every *3yrs.
Thats the price I have to pay for my not so cheap freeedddoooommm.

AaronAardvark wrote:

Any chance you could pay the overstay in advance?   

Yes. You would then get a discount 

manwonder wrote:

Even after securing the basic SRRV (smile visa) you still have to pay 18,000p/yr just for its srrv *card renewal fee thats a whopping 54,000p/*3yr (I too feel thats excessive) ..

I did put a "Like" at your post although I realy dislike such cost 

coach53 wrote:

manwonder wrote:

Even after securing the basic SRRV (smile visa) you still have to pay 18,000p/yr just for its srrv *card renewal fee thats a whopping 54,000p/*3yr (I too feel thats excessive) ..

I did put a "Like" at your post although I realy dislike such cost 

Agreed...me too!
But heres the +ve thing that lump sum lets say the usd$20k to secure the smile visa is then deep frozen in a philippine bank which they claim shud earn you some interest over the years & hopefully offset some of these costs.
I reiterate : hopefully.

Update

After e-mailing the ACO of the branch office in Davao. He was not clear in his messages and almost made me do the 3 hour trip to Davao (currently in Mati). He ended up saying they needed an official cart from the main office in Manila that supports my case. Well, there goes that, time to find a lawyer.

Manwonder-Wow thats a pretty steep fee for a SRRV. In 2015 I paid a  one time 24,000 peso application fee for my quota visa

and 310 pesos annually. Five year alien registration card is 80-100 usd. I just renewed my ARC card,

Took about 8 months to get it back. They take the old one when you renew so before you renew make

a color copy of the old one they take from you and have it laminated and keep as a backup in case the

original gets lost in the mail

manwonder wrote:

coach53 wrote:

manwonder wrote:

Even after securing the basic SRRV (smile visa) you still have to pay 18,000p/yr just for its srrv *card renewal fee thats a whopping 54,000p/*3yr (I too feel thats excessive) ..

I did put a "Like" at your post although I realy dislike such cost 

Agreed...me too!
But heres the +ve thing that lump sum lets say the usd$20k to secure the smile visa is then deep frozen in a philippine bank which they claim shud earn you some interest over the years & hopefully offset some of these costs.
I reiterate : hopefully.

I suppouse ZERO earning if let the money stay at the deposit acount   
but its allowed to use it to invest.    (I havent checked which resrictions, because I suppouse I will not go for a SRRV anyway (but SIRV or one by marriage.)

capricornrising wrote:

Wow thats a pretty steep fee for a SRRV. In 2015 I paid a  one time 24,000 peso application fee for my quota visa

and 310 pesos annually. Five year alien registration card is 80-100 usd. I just renewed my ARC card,

Took about 8 months to get it back. They take the old one when you renew so before you renew make

a color copy of the old one they take from you and have it laminated and keep as a backup in case the

original gets lost in the mail

Yes thats a great option to have : the quota visa (I wish i had qualified for that) 
The good thing about the srrv is it does not need you to register for a seperate ACR so some savings there.

Separate ACR? I dont catch your drift. I didnt have to register for anything after I received my visa.They

gave me a card at that time stating I was a permanent immigrant resident and stamped the inside of my

passport and then I Just went to immigration a few weeks before the 5 years after I received my visa

and paid the fees and 8 months later I picked up my renewal card. Piece of cake!(You dont have to

renew your ACR card with SRRV visa? Its lifetime card?)

capricornrising wrote:

Separate ACR? I dont catch your drift. I didnt have to register for anything after I received my visa.They

gave me a card at that time stating I was a permanent immigrant resident and stamped the inside of my

passport and then I Just went to immigration a few weeks before the 5 years after I received my visa

and paid the fees and 8 months later I picked up my renewal card. Piece of cake!(You dont have to

renew your ACR card with SRRV visa? Its lifetime card?)

Sorry what I meant is that once you hv the SRRV visa you are exempted fm  acquiring the ACR.

Hi James.  I'm in the same predicament.  I was supposed to get married, but my fiancee's province went on a total lock-down.  1.5 years later, its still locked down hard.  Her mom and dad can't even get exemptions to visit their new baby grand-daughter.  We waited and waited to no avail.

In the meantime, my mom from the USA, died from Covid-19, so instead of a happy meeting of families, its rather sad.  But not the worst news.  Now got news that my 3 years is up.  I had not even thought of it - not once.  So my baby girl is going to be alone.

There's no more visa runs...

Here's the summary of a 36 month travel-visa expat.

1) Fly to Manila main BOI office - to get a 2 month extension *only* to petition (in person) a Motion for Reconsideration. 

2) Stay in 7 days a quarantine hotel upon return flight from Manila back to Province due to quarantine .

3) Return and prepare to leave for a long time.  The BOI has conflicting statements of not allowing non-Filipino nationals to come back.  No tourists allowed.   

Options for you (and me):

1) Overstay - its illegal, but it happens so often that they BOI has a full web page devoted to it:  [link under review]

Time is limited, but perhaps the vaccines will reduce the important curve the Dept of Health is looking for to allow tourists back into Philippines, which everyone here needs for sure.  But you got one helluva serious outbreak going on in the Capitol Region so that's go everyone spooked.

2) Make a covid-19 visa run once tourists are allowed in. 

3) Since if you are a non-national you cannot re-enter.  And any BOI official who hears your case and knows you have family here isn't going to throw you in jail for overstaying during covid.  Think CNN/FoxNews getting hold of that info and all OFW Filipinos hearing how you are suffering in jail for love of a child...

Filipinos are some of the most heart-filled peoples in the world especially when it comes to family. 

I'll check back here to see how your situation is going.

Best option:  If you're over 50yrs, invest 10k in a venture here and get the golden visa (the SVVR).  If you're over 35yrs, invest 20k... if you're younger than that, you got to plan to leave for a while. 

Unless - you get married...  that is the last option and will stop any deportation or Visa issues completely.  You'll pay fines for the overstay I am sure, but you have the platinum visa with being married.

Hope this helps...

By no more visa runs I mean, that non-nationals are not allowed into the country without very exclusionary exceptions (married is one of them, student visa, etc.)

Used to be all you did was have to go to Thailand or HK with an over-run ticket to some cheap destination like Malaysia ($70-90 one flight). 

Thailand has a mandatory 14-day quarantine, but if someone has done a visa run with these new rules and maybe just hit the airport lobby and got onto a return flight without leaving the airport terminals, than let me know.

There's still a mandatory 7-day quarantine for nationals and approved visa holders - which I am not.

neopal wrote:

Unless - you get married...  that is the last option and will stop any deportation or Visa issues completely.

Why isnt it the FIRST option ??     

For me, without her family nor mine at the wedding, its just not the type of wedding anyone had planned.  Its a viable first option for sure.  It was mine originally.  I had no idea I'd stay this long, and now have roots (little feet) to contend with.

I received an extension I didn't have 20 days on my visa when I filed my 13A the office in Davao city did the paper work for me and I sent it to Manila it was approved and I just kept renewal every month until my 13A was approved the cost at that time was P4000