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COVID-19 Client Advisory Key Issuances on Immigration as of 20 March 2020

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ISSUANCES by the BUREAU of IMMIGRATION

Suspension of Transactions On 19 March 2020, the Bureau of Immigration (BI) approved the suspension of the Board of Commissioners BOC Agenda for the entire period of Enhanced Community Quarantine (ECQ). The filing of applications for visas and normal transactions shall resume on 13 April 2020 or once the ECQ is lifted or amended.   On the same date, the BI likewise issued an Advisory which provides that the following transactions at the BI offices in Luzon, including its offices in the National Capital Region shall be suspended for the duration of the ECQ:  

(a) Filing of application for extension of/conversion to non-immigrant/immigrant visa including hearing/interview

(b) Filing of applications regarding Filipino Citizenship including RA 9225 including hearing/interview

(c) Filing of downgrading of visa status (d) Filing of Extension of tourist visa (e) Filing of applications for Special Work Permits/Provisional Work

Permits (f) Filing for the renewal of ACR I-Cards (g) Implementation of BOC approved visa application for extension

of/conversion to non-immigrant/immigrant visas

All foreign nationals whose visas will expire during the period of ECQ shall be allowed to file their applications for extension provided they file their applications within thirty (30) days from the lifting of the ECQ.    The only exception to the suspension are transactions relating to outbound passengers who intend to depart from the Philippines within the ECQ period. Outbound passengers are required to provide their respective tickets in order for their applications to be processed at the BI office.


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Temporary Travel Ban for Arriving Foreign Nationals On 20 March 2020, the BI issued a press release announcing that they will be implementing the restricted entry of foreign nationals in the country starting 22 March 2020. Prior to this, on 19 March 2020, the BI issued a Memorandum in accordance with DFA Foreign Circular No. 29-2020 regarding temporary suspension of visa issuance and visa-free privileges addressed to terminal heads and deputies, duty immigration supervisors and immigration officer. The said Memorandum provides that the following visa categories are temporarily not allowed entry to the Philippines effective 12:00am of 22 March 2020:

(a) Those under Visa Waiver Agreements (AJACS, AJACSSUK, FSC, MCL series);

(b) Those with Special Visas (SRRV, SIRV, ABTC, and economic zone visas etc.);

(c) Those who fall under Executive Order No. 408, series of 1960 (EO408);

(d) Those holders of Hong Kong-SAR, Macau-SAR, Macau-Portuguese, and British National Overseas passports;

(e) Those Immigrant and Non-Immigrant Visa holders (i.e. 13, 9D, 9F, 9G, 47a(2), etc.).

The following are exempted from the foregoing travel ban:

(a) Foreign spouses and children (regardless of nationality) of Filipino nationals – must show proof of marriage or filiation if not traveling with the Filipino national;

(b) Visas issued to Foreign Government and International Organization officials accredited to the Philippines; and

(c) Foreign crew members. We are still confirming if the BI has issued or will issue a formal memorandum on the foregoing.


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Temporary Suspension of Biometrics and Fingerprint Capturing The Office of the Commissioner of the BI adopted the following recommendations of its Alien Registration Division (ARD):

  (a) Temporary suspension of biometrics and fingerprint capturing

during the duration of the ECQ of foreign nationals under the Alien Registration Program and Issuance of Special Security Registration Number (SRRNs) as requirements for processing of Emigration Clearance Certificate (ECC) or for purposes of departure of foreign nationals. Derogatory records checking with the BI’s database shall still be conducted;

(b) ECC processing time of 3 working days shall be maintained to give the limited/skeletal ARD personnel time to process the applications; and

(c) Temporary suspension of Operations Order No. SBM-2015-009 dated 16 April 2015, and allow holders of temporary visitor’s visa who stayed for less than a year in the country to pay the ECCs at the International Airport.

TRAVEL ADVISORIES and VISA APPLICATIONS

From the DOTr On 18 March 2020, the Department of Transportation (DOTr) issued an advisory on the lifting of the previously imposed 72-hour window for international flights. Effectively, all persons, regardless of nationality, except for Filipino tourists, may fly out of the country at any time. There are however restrictions imposed for different countries. For passengers from Italy and Iran, it was agreed that the medical certificates of good health required should be validated by their respective embassies. Sweeper flights for foreign nationals to bring them to airports will be allowed to continue operations. In terms of transportation, only one (1) person is allowed to bring a passenger to the airport and he/she must depart immediately after dropping off said person. The driver should carry with him/her a copy of the airline ticket of the passenger as proof of conveyance.


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. From the DFA The Department of Foreign Affairs (DFA), through its official Facebook page, has announced several advisories regarding the entry and exit of Filipinos and foreign visitors within the country. As of 19 March 2020, the DFA has announced that all foreign nationals may now fly out of the country at any time, subject to the availability of flights. Reflecting the issuance of the DOTr, sweeper flights for foreign nationals are allowed to continue operations and the one (1) person limit of bringing passengers to the airport is likewise imposed. On same date, in relation to the outbound travel restrictions on Filipino travelers, the DFA likewise issued an advisory stating that all OFWs and balikbayans are allowed to leave the country at any time subject to availability of flights. Proof of international travel itinerary with departure schedule within 24 hours from leaving residence or accommodation from Luzon must be presented. No Filipino tourists shall be allowed to fly out of the country at any time except for land, air, and sea travel of uniformed personnel for official business, especially those transporting medical supplies, laboratory specimens, related to COVID-19, and other humanitarian assistance. Again, the one (1) person limit of bringing passengers to the airport is likewise imposed.3 On 19 March 2020, the DFA has announced, through its Facebook page, that it is temporarily suspending visa issuance in all its Foreign Service Posts effective immediately and will be valid and effective until further notice. This is in view of Proclamation No. 922, declaring a State of Public Health Emergency throughout the Philippines. With this, all visa-free privileges including those based on Visa Waiver Agreements, those under EO 408, s. 1960, and for holders of HK and Macau SAR passports, Macau-Portuguese passports, and British National Overseas passports, are temporarily suspended, effective 22 March 2020. The temporary suspension of visa issuance will deem all previously issued visas canceled, and foreigners with visas issued by Philippine Foreign Service Posts (primarily 9a Temporary Visitor/Tourist visas) will not be allowed entry into the country starting 22 March 2020. However, visas previously issued to accredited Foreign Government and International Organization officials and their dependents will remain valid and will be honored when entering the country even after said date. The


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same is true for previously issued visas to foreign spouses and children of Filipino nationals. This temporary suspension has no impact on foreign nationals that are already in the country or on holders of visas issued by other government agencies.

From the DOJ The Department of Justice (DOJ) issued Circular No. 11 dated 13 March 2020 on the suspension of receipt of applications for Special Non-Immigrant Visas under Section 47(a)(2) of the Philippine Immigration Act

  The DOJ’s Legal Staff will temporarily operate with a skeletal workforce to ensure the continuous processing of applications for change of admission of status from temporary visitor to or for extension of stay as special non-immigrants under 47(a)(2) received as of 13 March 2020. 

  In view of the community quarantine, the Legal Staff will temporarily suspend the receipt of applications from 16 March 2020 to 14 April 2020 or during the period until the community quarantine is enforced.

  Applicants with no urgent need to process their 47(a)(2) visas are requested to defer the filing of their applications until such time that the community quarantine is lifted. Applicants whose 47(a)(2) visas will expire during the period of quarantine are advised to file their applications immediately after the lifting of the community quarantine.

  Lastly, applications for recognition of refugees and statelessness status are also hereby suspended. Disclaimer and Limitations — This advisory is intended to provide general guidance to

clients of PJS Law only, based on laws and issuances as of the date stated above. Please confirm with our lawyers for possible updates or contact [email protected] if you have clarifications or other concerns.

covid-19 client advisory key issuances on immigration as ... · immigrant/immigrant visa including...

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