Philippines Insider" The Ultimate Philippines Travel Guide for Tourists and Expats

Author Topic: Overstayed  (Read 23805 times)

Offline divs

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Overstayed
« on: March 08, 2014, 08:28:33 AM »
I over stayed 4 years in the PR. I had the U S embassy help me get out and my over due fees waived by Philippine immigration, however, I was technically deported and blacklisted. My questions is: if I pay back what I owe + fines, the director of immigration is still not bound to let me back in the PR again?  Many people have been let back in with situations like mine. My 2nd question is: how likely is it or how common is it, that people in my position have been let back in after paying.

Thanks

Offline Lee2

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Re: Overstayed
« Reply #1 on: March 08, 2014, 10:48:51 AM »
The best thing for you to do is email immigration themselves since with the Philippines it can be one thing one day and a different thing the next day or different for each person based on what records they have of what transpired in each situation, so IMHO it is always best to get it in writing from them and to also print there reply if they say you can enter the Philippines again so you have proof upon entry in case the BI officer at entry rejects you.

My guess is they will not allow you entry again since they will not trust you to renew the next time but it is best to get the answer from the horses mouth, so to speak.

http://www.immigration.gov.ph/index.php/contact-us/main-office

Email binoc_immigrations@hotmail.ph
:) Happily married since 1994 & live part of the year in Cebu and the rest in S. Florida.

Offline BudM

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Re: Overstayed
« Reply #2 on: March 08, 2014, 11:03:21 AM »
Here is something for you divs, It might help when try to communicate with BI.  Would not hurt if you sound like you know something about the country. By the way, PR is not even close.

http://tinyurl.com/28wl5zf
Whatever floats your boat.

Offline suzukig1

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Re: Overstayed
« Reply #3 on: March 08, 2014, 06:15:21 PM »
My understanding is that no one gets removed from the Phl immigration blacklist merely by paying fees and fines.  You need to petition the Phl Bureau of Immigration to have your named removed from the blacklist.  You will most likely need a lawyer.

Edit 1: Since you had the U.S. Embassy help you I'll assume that you are a U.S. citizen.  Supposedly there are lawyers in Guam that deal with Phl immigration issues.

Edit 2: The problem with being deported and blacklisted and then trying to get back in is that you have to get your name removed from the blacklist while you are outside of the Phl.  You cannot get back into the Phl to try and get your name removed from the blacklist.
« Last Edit: March 08, 2014, 10:35:55 PM by suzukig1 »

Offline kwmag4

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Re: Overstayed
« Reply #4 on: March 08, 2014, 06:45:47 PM »
Hi. Have you any Spanish, Irish or wherever grandparents ? maybe you can get another passport using your middle name and Enter anew ?  As for getting away with Visa fees well done to you as long as you have not hurt anyone. Most of those fees go into dirty pockets anyways from some accounts.. I wish you well and best luck.. Try and get an answer from a very high immigration official in the Philippines and maybe you will with a humble approach not just have them take your owed to them moneys. Take care..

Offline BingColin

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Re: Overstayed
« Reply #5 on: March 08, 2014, 07:25:38 PM »
Hi. Have you any Spanish, Irish or wherever grandparents ? maybe you can get another passport using your middle name and Enter anew ?  As for getting away with Visa fees well done to you as long as you have not hurt anyone. Most of those fees go into dirty pockets anyways from some accounts.. I wish you well and best luck.. Try and get an answer from a very high immigration official in the Philippines and maybe you will with a humble approach not just have them take your owed to them moneys. Take care..

I don't believe that members should be encouraged to get false passports and avoid paying legal visa fees. There may be a lot of corruption here but this is not the way to deal with it. JMHO

Offline BudM

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Re: Overstayed
« Reply #6 on: March 08, 2014, 07:30:27 PM »
Hi. Have you any Spanish, Irish or wherever grandparents ? maybe you can get another passport using your middle name and Enter anew ?  As for getting away with Visa fees well done to you as long as you have not hurt anyone. Most of those fees go into dirty pockets anyways from some accounts.. I wish you well and best luck.. Try and get an answer from a very high immigration official in the Philippines and maybe you will with a humble approach not just have them take your owed to them moneys. Take care..

I don't believe that members should be encouraged to get false passports and avoid paying legal visa fees. There may be a lot of corruption here but this is not the way to deal with it. JMHO

I second that.
Whatever floats your boat.

Offline iamjames

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Re: Overstayed
« Reply #7 on: March 08, 2014, 08:09:57 PM »
Actually you are also barred from many other countries also as a question at all points of entry is 'have you ever been deported from a country'? Any incorrect answers or incorrect documentation will result in imprisonment, fine and deportation if caught. Just go to someplace like Nicaragua instead. Much easier visa conditions in Central America.

Offline paulgee

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Re: Overstayed
« Reply #8 on: March 08, 2014, 09:22:52 PM »
A good topic  to read for anyone thinking they might overstay whilst in the Philippines. It would appear that anyone in the same situation as the OP will be in for a world of administrative pain, with very little gain, if they try and make amends for their past.

Out of interest, if an expat currently in the Philippines had overstayed by a similar amount of time, and voluntarily stepped up and paid their back fees before leaving, would they be able to return or would they be on some blacklist?
Based in the UK, and part time in our San Fernando, Pampanga house

Offline suzukig1

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Re: Overstayed
« Reply #9 on: March 08, 2014, 10:31:16 PM »

...Out of interest, if an expat currently in the Philippines had overstayed by a similar amount of time, and voluntarily stepped up and paid their back fees before leaving, would they be able to return or would they be on some blacklist?


With the new person in charge at immigration the rules are clearly different now regarding overstays.  As of December 2013:

http://www.immigration.gov.ph/index.php/component/content/article/2-uncategorised/234-honorable-secretary
1/9/2014 immigration.gov.ph

Overstaying Foreigners
Foreigners who have overstayed for twelve (12) months or less but have been in the country beyond the maximum allowable period already may be permitted to update their stay with order to leave the country within fifteen (15) calendar days therefrom and their names may be included in the Bureauís blacklist upon the discretion of the Commissioner; Provided that, the Commissioner, in the exercise of sound judgment, may allow such foreigners to update and extend their stay taking into consideration their Filipino lineage, medical condition, minority and other analogous circumstances.

Foreigners who have overstayed for more than twelve (12) months regardless if their stay is within the maximum allowable period or those found to be overstaying by virtue to a complaint or Mission Order regardless of the period shall be referred for deportation.

Payment
In addition to the extension/ updating fees and other charges, the concerned foreigners shall be required to pay all immigration arrears imposed by Republic Act No. 562, as amended.

Offline Gray Wolf

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Re: Overstayed
« Reply #10 on: March 09, 2014, 01:41:11 AM »

I don't believe that members should be encouraged to get false passports and avoid paying legal visa fees. There may be a lot of corruption here but this is not the way to deal with it. JMHO


I agree wholeheartedly!  kwmag4, this is not a recommended way to deal with an already sticky situation.  What you are suggesting to divs could not only get him into hot water with the Philippine Immigration people, but virtually every other country as well. 

Divs do not attempt to obtain a "new" passport using partial or fake names, no matter who you are.  It would be the biggest mistake of your life.
Louisville, KY USA - Bagong Silang, Caloocan City, PH

Offline Gray Wolf

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Re: Overstayed
« Reply #11 on: March 09, 2014, 01:45:21 AM »
I over stayed 4 years in the PR. I had the U S embassy help me get out and my over due fees waived by Philippine immigration, however, I was technically deported and blacklisted. My questions is: if I pay back what I owe + fines, the director of immigration is still not bound to let me back in the PR again?  Many people have been let back in with situations like mine. My 2nd question is: how likely is it or how common is it, that people in my position have been let back in after paying.

Thanks

"Technically deported and blacklisted"?  As if there is another deportation and blacklist?  Sorry, dude.  You're hosed.  No way would they, or should they, allow you back in.  IMHO you need to find something else to do or another place to spend your time.  I wouldn't waste a single minute trying to figure out how to get back in to the Philippines.  In their minds you have worn out your welcome. 
Louisville, KY USA - Bagong Silang, Caloocan City, PH

Offline Gray Wolf

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Re: Overstayed
« Reply #12 on: March 09, 2014, 02:20:10 AM »
One of our forum members had his own problems with immigration just recently.  He shared his story with me in private and it shall remain private insofar as his identity is concerned.  But to help others put the whole immigration situation in better perspective I'll share the gist of his long story.

My friend came over to the Philippines to marry his GF and then planned to return to the US to begin paperwork on her visa.  While in the PH he renewed his tourist visa during his first month's stay.  It wasn't until he tried to renew it the second time that he ran into problems.  It seems he missed the date and was now technically an overstaying foreigner.  The issues began to build up when it was determined by immigration that he had a "slight problem" with his passport.  At this time I still don't know what that problem was, nor did immigration elaborate for my friend.  He was faced with fees he hadn't planned on paying.  But by the time he had made it to Manila and to the main immigration office in Intramuros things had taken a turn for the worst for him.  Now not only were they going to insist on the late fee they would also hit him with additional fees for the extension application fee, the extension fee, express lane fees, a fee for the ACR-I application, a fee for the ACR-I card and the ACR-I card express lane fee, a total of P12,400.  All of these had to be paid before they would return his passport.  They also required that he obtain an airline ticket to take him back to the US, which was difficult at best since you can't purchase a ticket using cash without your passport.  Somehow his GF managed to get his passport from immigration by asking a favor from an immigration worker who was from the same province as the GF.  This was done "under the table". 

He was subsequently released, deported and blacklisted, all because he overstayed a few days.   I feel sorry for my friend because he made an honest mistake.  But anyone who purposely overstays for years deserves no sympathy. 
Louisville, KY USA - Bagong Silang, Caloocan City, PH

Offline Steve & Myrlita

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Re: Overstayed
« Reply #13 on: March 09, 2014, 06:51:50 AM »
Hi. Have you any Spanish, Irish or wherever grandparents ? maybe you can get another passport using your middle name and Enter anew ?  As for getting away with Visa fees well done to you as long as you have not hurt anyone. Most of those fees go into dirty pockets anyways from some accounts.. I wish you well and best luck.. Try and get an answer from a very high immigration official in the Philippines and maybe you will with a humble approach not just have them take your owed to them moneys. Take care..

I don't believe that members should be encouraged to get false passports and avoid paying legal visa fees. There may be a lot of corruption here but this is not the way to deal with it. JMHO

I second that.
3rd that. The country is corrupt enough. I won't add to it.  God Bless......
Thank you...God Bless...
Bro Steve & Sis Myrlita
Bacolod City, PH
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Offline iamjames

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Re: Overstayed
« Reply #14 on: March 09, 2014, 06:56:22 PM »
In the case of your friend, Gray Wolf, the procedure followed by immigration seems to have been normal and correct. Firstly the penalty (500 per month) has to be paid. Secondly he needed to formalise his current position - in the Philippines at that point - by paying for a standard two month visa. Thirdly the CARD must also be paid for at this point. There is a logic there that is applied to Visas anywhere. Generally there is no problem where a visa application is delayed for a few days, weeks, or even months - unless for any reason you are arrested. Twelve months is usually the limit for this kind of abuse/error and it is very unwise to allow it to go that far.

I have a growing suspicion that the original query is not what it seems - more like a bit of fishing from some source.