QUICK SUMMARY- Visa OVerstay In The Philippines
The Philippines has become one of Southeast Asia's most popular tourist destinations because of its beautiful beaches, warm climate, and hospitable people. Expat life here is paradise. But if you plan to stay longer in the country, knowing the visa regulations and how to extend your visa to avoid breaking the country's immigration rules is essential.
The Bureau of Immigration (BI) deported over 1,300 foreign nations, including 19 Americans, in 2022 for violating immigration laws.
This article details the consequences of overstaying in the Philippines, including the penalties you may face, such as fines, deportation, or even imprisonment.
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Did you know that an overstay can block you from future entry into the country? I'll share how to avoid getting barred and the options for extending your stay legally.
So if you're planning a trip to the Philippines or are already in the country but need more information about visa extensions, penalties for overstaying, or what to expect at immigration when leaving the country, keep reading!
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What does it mean to overstay your visa in the Philippines?
Per the Bureau of Immigration Memorandum Circular No. SBM-2015-010 Section 2. a
Overstaying Foreigner.- An overstaying foreigner refers to a foreigner with an expired visa despite validly issued passport/travel documents ...
Nicolas & De Vega Law Office- Pasig, Philippines
The definition differs from an undocumented foreigner, which is a foreign citizen with an expired, canceled, or otherwise invalid passport.
Per Immigration law, if you are in the Philippines past your visa validity date, you are overstaying
What do I do if I overstay my Philippines visa?
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Overstaying less than 6 months
The situation is relatively easy if you overstay your visa by less than 6 months. Still, it would be best if you immediately headed to a Bureau of Immigration office and simply paid the fines associated with the overstay. Depending on the length of your overstay, the penalties may be minimal. You may also need to pay the visa extension fees that you have missed.
6+
Overstaying more than 6 months
The procedure and penalty if you overstay a visa in the Philippines by more than 6 months are the same as less than the 6-month process above with the added requirement of obtaining an Emigration Clearance Certificate (ECC).
An ECC is valid for one year and costs approximately $13 USD / 710 PHP. It takes at least 72 hours to process an ECC, so if you plan on leaving the Philippines after paying your overstay fines, apply for your ECC at least 3 days before your departure date.
The BI officer has the right to ask you for a sworn written explanation explaining why you overstay your visa. The BI officer may ask for documentation supporting your reasoning. Additionally, the Commissioner of the Bureau of Immigration will need to approve your justification.
INSIDER TIP : Not all penalties are equally applied- Immigration officials have given some foreigners an undue hard time. One Australian was detained and deported after allegedly only overstaying his visa by 7 months.
What Happens To Americans Overstaying In the Philippines
12+
Overstaying more than 12 month
If your overstay extends over a year, the penalties can start to get serious. While not consistently enforced, overstays of over 12 months can lead to getting kicked out of the country.
Foreigners who have overstayed for more than twelve (12) months, regardless if their stay is within the maximum allowable period ... shall be referred for deportation.
Leila M de Lima-HONORABLE SECRETARY OF JUSTICE
Even if you don't get kicked out, the fines and procedural red tape get heavier after overstaying in the Philippines over 12 months. Not only will you need to pay the fees and fines discussed above, but you also have the added requirement of obtaining a National Bureau of Investigation (NBI) clearance certificate before settling the penalties with the Bureau of Immigration.
While the certificate cost is minimal (~$3 / 155 PHP), getting an NBI clearance can take one to three weeks.
And your headaches increase if your NBI clearance returns with a "hit" record. All hits must be sorted out before exiting the Philippines. Hits can add several weeks to the process.
Once the NBI clearance is obtained and you've cleared your record, you can proceed to the BI office to pay your overstay fee and fine and receive the Exit Clearance Certificate (ECC).
INSIDER TIP : Overstay Fees and Fines- An American friend of mine insisted that it was cheaper for him to overstay and pay a fine than it was to extend his Philippine visa. He pointed to the Bureau of Immigration page, stating
"Fine for Overstaying – (additional) Php 500.00 per month."
His logic was if you overstayed for 6 months, then the fines for overstaying would be less than $60 (500 PHP x 6 months overstay), less than the ~$222 / 11,500 PHP cost of a 6-month visa extension with ACR-card.
In reality overstaying for 6 months will cost you much more- over $220 more. What the BI page does explain well is that the overstay fines are in addition to the money you need to fork over for your visa extension and associated extra charges such as an NBI Clearance, ECC, ACR ID Card, and motion for reconsideration for overstaying your visa.
3+
If you overstay your visa and stay in the country for more than three years, you can be banned from entering the Philippines for life.
Overstaying your visa by more than four years can lead to severe penalties. The BI can bring down the hammer and "blacklist" you. A Blacklist is effectively a permanent ban from entering the Philippines. Per Immigration Memorandum Circular No. SBM 2013-003, foreigners can be banned at the discretion of the BI Commissioner, when
Foreigners who have overstayed for twelve (12) months or less but have been in the country beyond the maximum allowable period... may be included in the Bureau's blacklist upon the discretion of the Commissioner.
Not only will you be required to pay a hefty fine for each month that you have overstayed your visa, but you can also be deported from the country and not be allowed to enter the Philippines again in the future. Deportation applies to 9a tourist visas and foreign nationals entering on visa exemptions and waiver permits.
Furthermore, a hefty fine of approximately PHP4,000 per month will be imposed, which could add up to a considerable sum. In addition to the fines, you may also face other types of penalties such as restrictions on entering the Philippines in the future.
INSIDER TIP : Maximum Allowable Period To Stay In The Philippines- Per Philippine Executive Order No. 408, the maximum number of months you can stay in the Philippines at one time without a permanent or long-term visa depends on your passport citizenship.
- 36 months for Visa-Exempt citizens of 157 countries, including the United States, UK, and Canada
- 24 months for Visa-Required citizens not on the EO 408 list, including India, China, and Nigeria
The maximum allowable period starts from your most recent arrival date and refreshes every time you leave the country and return.
INSIDER TIP : Annual Report Requirements For Expats - While a permanent residence visa does not expire, foreigners staying in the Philippines on a permanent resident visa (13g, 13a permanent) must file an annual report with the BI. If you miss the Annual Report deadline (typically March 1st), the BI charges a $2 USD / 200 PHP per month fee.
The good news is the Annual Reporting process can be done online, and the cost is cheap- $6 USD / 310 PHP per year.
What is the cost of overstaying my visa in the Philippines?
The financial penalties charged by the Bureau of Immigration for overstaying your Philippines visa depend on the length of overstay and by who you are dealing with at the Immigration office. You can use $73 USD / 4000 PHP per month as a rough estimate for the cost of overstaying a Philippines visa.
However, the costs can vary depending on the BI officer processing your overstay.
Minimum Overstay Fee In The Philippines
While the total fee varies, minimum penalties reported are:
- Any Outstanding Visa Extension Fees To Bring Your Current Up To Date; plus
- Overstaying Fine– $9 USD / 500 PHP per month; plus
- Motion for Reconsideration Fee For Your Overstay – $9 USD / 510 PHP;
- Includes legal research fee
Estimate of a one-day overstay fee in the Philippines (on the 31st day after arrival):
Header | Overstay Fees in US Dollars | Overstay Fees in Philippine Peso |
|---|---|---|
Visa Waiver Fee for your first 29-day visa extension | $9 | 500 |
Visa Waiver Application Fee | $18 | 1000 |
Certification Fee | $9 | 500 |
Express Fee | $18 | 1,000 |
Legal Research Fee (LRF) | $1 | 30 |
Overstay Fine per month of Overstay *see note below | $9 | 500 |
Motion for Reconsideration Fee | $9 | 510 |
One Day Overstay Fee Total | $73 USD | 4,040 PHP |
Fees not included when overstaying by only 1 day
- Emigration Clearance Certificate (ECC) - after 6 months
- ACR-I Card - after 6 months
- NBI Clearance Certificate - after 12 months
- Annual Reporting - after 12 months
NOTE : The Bureau of Immigration (BI) rounds up to the next whole month- Overstay one day is the same charge as a one-month overstay; An overstay fee for one month and one day is the same as a two-month rate
Additional estimated fees, fines, and financial penalties for overstay
xxx calculator
INSIDER TIP : Paying your visa overstay fee in the Philippines- I have yet to find a BI office that takes credit cards, so always bring cash. US dollars are also not accepted, so change all your money to pesos before heading to a BI branch to pay any visa overstay fees. There is almost always an ATM near by if you get desperate, but beware, they nearly all have exorbitant fees.
How can I avoid an overstay visa situation when visiting the Philippines?
Avoiding overstay in the Philippines is simple- extend your visa by the proper time. Most travelers get a 30-day passport entry stamp entering the Philippines. An additional 29-day visa waiver can be done online, making it easy to legally stay for 59 days without overstaying your Philippines visa.
Here is the list of 157 countries whose citizens can enter the Philippines visa-free.
To avoid the ongoing hassles of overstay visa situations, visa fees, and temporary tourist visas, the Philippines has several permanent resident visas, including visas for retirement, investment, and marriage to a Filipina.
Tired of endless hours spent researching complicated visa requirements?
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I pre-screened and carefully selected partners with decades of expertise helping expats like you cut through the government red tape, clarify the visa options, and ease your worries about moving to a new country.
Avoid overstaying in the Philippines by obtaining a permanent residence visa
What happens if you overstay in Philippines
Step 1: Fine- see the complete section on financial penalties
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.
The fines for overstaying in the Philippines can vary depending on the length of time you have been in the country. Generally, you must pay all visa extension fees that have not been previously paid, a fine of $9 USD/ 500 PHP per month, and a motion for reconsideration fee of $9 USD / 510 PHP.
The longer you overstay, the more documentation is required, which drives up the financial cost.
Expats who overstay in the Philippines by more than 6 months requires obtaining an ECC before leaving the country
Step 2: Detention
If you are arrested for overstaying, you will likely spend some time in a Bureau of Immigration detention center waiting for trial or summary deportation. The Bureau of Immigration Bicutan Detention Center, also known as Camp Bagong Diwa, is notoriously overcrowded and considered one of SE Asia's worst jails.
Expats detained for overstaying can spend months in Camp Bagong Diwa before getting deported
Step 3: Deportation
Foreigners who have overstayed for more than twelve (12) months regardless if their stay is within the maximum allowable period ... shall be referred for deportation.
The punishment for overstaying in the Philippines depends on the overstay length and type of visa.
Temporary Non-Immigrant visas (9a, Tourist, 9g, TRV)- If you have overstayed for twelve (12) months and have stayed in the country over your maximum allowable period, then the BI Commissioner can force you to leave the country.
Step 4: Blacklisting
Not abiding by Philippine Immigration Law, whether by being improperly documented or by overstaying, will result in getting blacklisted. Additionally, foreigners who have tried to circumvent immigration laws by lying to enter the country and bypassing or refusing proper inspection and admission procedures are blacklisted.
Duran & Duran-Schulze Law-BGC, TAGUIG
The Philippine Bureau of Immigration has the discretion to deport and blacklist any foreigner who has overstayed in the Philippines for more than twelve months. A blacklist is a permanent ban from entering the Philippines.
This policy is particularly harsh for foreigners with families in the Philippines to have to leave them behind and risk not being able to see their wife and kids again. However, the policy is in place to ensure that foreigners who break the law and overstay their visas are held accountable.
A blacklist revokes your immigration privileges and your future visa applications will be rejected
Step 5: Criminal Charges
Overstaying in the Philippines is considered to be breaking the country's immigration rules and can bring serious consequences. Depending on the circumstances and amount of time you have overstayed, you may be fined, charged, and tried as a criminal.
While most overstays result in simple fines, I recommend staying within the terms of your visa and ensuring you comply with the laws of the Philippines.
How would I get caught overstaying in the Philippines?
The Philippine Bureau of Immigration implemented a program, "SA IMMIGRATION MAGSUMBONG," encouraging locals to report any "OVERSTAYING ALIENS." The program offers cash rewards to any Filipino who sends a text message reporting the name, address, and immigration status of any foreign national.
There was even a case of a 69-year-old German national named Jurgen Helmut Schumacher, who was reported by his estranged wife and deported from the Philippines.
Overstaying foreigners are at risk of being reported by locals to the Bureau of Immigration bounty system
What is the penalty for a US citizen overstaying in the Philippines?
If a US citizen overstays their tourist visa in the Philippines, they will be charged approximately 4,000 PHP per month. In addition, they may also be subject to additional fines of 500 PHP per month, as well as a motion for reconsideration of 500 PHP. If a US citizen overstays for more than 12 months, they will be blacklisted and unable to leave the country until they pay the penalties.
Key Take Aways: Overstaying A Philippines Visa
If you have overstayed a Philippines visa, take action as soon as possible. Overstaying even a day can lead to a fine, and the longer you wait, the more serious the situation gets. You can face harsh penalties such as deportation, blacklists, and possible jail time.
Life is easy in the Philippines; if you play by the rules, you can legally stay up to 3 years or even settle down and retire permanently.
Why complicate things? Avoid overstay visa issues by extending your stay legally or leaving the country prior to your visa expiring. In the case of accidental or unavoidable overstays, filing for a visa extension right away can help you minimize the penalties you face.
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FAQs: Overstaying In The Philippines
Most likely, no, you would not go to jail. Overstaying by a few days or a few months normally results in a hefty fine and penalties. However, the longer you overstay, the more severe your punishment can be. If you can't pay your outstanding visa fees and overstay fines, jail is possible.
The BI states that foreigners who overstay by 12 months can be deported. While waiting for deportation, you could be held in the Bureau of Immigration detention center (i.e., jail).
If you overstayed your visa in the Philippines, you must pay all overstay visa fines before leaving the country. You can pay fines for short overstays at the Ninoy Aquino International Airport.
Alternatively, if you are overstaying more than 6 months, you must visit the main BI (Bureau of Immigration) office to settle your overstay fees and fines. If you live outside the NCR, this requirement adds hours of travel time.
Yes, the Philippines has visa overstay fines that vary depending on the length of overstay. Visitors who stay for over thirty (30) days and up to 12 months are subject to a penalty fee of approximately PHP4,000 per month.
However, the costs and paperwork required to increase the longer you stay past your visa validity. The penalties for more extended stays go beyond financial fees and can include jail time, deportation, and a permanent ban from the Philippines.
Yes, you risk being put on a blacklist if you overstay in the Philippines. Per the Immigration Memorandum Circular No. SBM 2013-003, foreigners who overstay a visa by 12 months can be blacklisted and permanently barred from entering the country in the future.
Even if you have a wife and kids in the Philippines, the BI can block you from returning to see your family again. It is harsh, but the only way to avoid being put on the blacklist is to follow the law and not overstay.
Hi Marco,
Im arranging the 13a visa for my Dutch husband. But before I can apply for a 13a visa, I have to register our marriage which occur ed in Aug. 8. 2008 in The Netherlands. The waiting list for the registration is quite long. Is he violating then the immigration rules for a waiting the necessary procedures?
Hi Cora,
Do you mean his tourist visa is going to expire before the 13a is issued? If yes, then he should extend the tourist visa while waiting for the 13a to be finalized.
Cheers,
Marco
Hi Marco my daughter hold a australian passport and she has given 1 year stay in the philippines as balikbayan visa but we extend her visa for another 2 months as we are leaving soon does she still need ECC? as I was researching she doesnt need it as long as we she doesnt stay for another 6 months after the 1 year free visa thanks
Hi Rodel,
You are correct, she shouldn’t need an ECC unless she stays 6 months after her Balikbayan visa.
Here is the Bureau of Immigration explaining your exact same situation for another Balikbayan
Hi Marco, my daughter was denied by the BI when we’re in Manila due to an expired Filipino passport. She is a dual citizen Filipino and British. I did present his British passport to the BI to exit the Philippines but they won’t allow here. I will renew her Filipino passport and I’m afraid that she will have a penalty for overstaying in the Philippines. She has report of birth as a supporting document for dual citizen but they still denied her on exit. She doesn’t have a Filipino Naturalization certificate as she was born in Britain and automatic a British citizen. I did apply for her dual citizenship in London embassy and was given a report of birth only as a supporting document and Filipino passport as a supporting document. Do I need to pay when I need to renew her passport as it was expired for 2 years. If you could answer my questions I will appreciate it, thank you.
Hi May Ann,
There are some detailed personal questions here and clarification required to ensure you provide the right information.
I confirmed with my Visa and Immigration Specialist that we can assist you with this issue. If you prefer experts to handle the bureaucracy, we stand by to assist.
Click here to set up a consultation
Hi Marco,
There is an expat in Cebu right now that has overstayed his visa for 7+ years. Is there any possible way (even if he pays his outstanding fees and penalties) that he would be able to stay in the Philippines?
Thank You,
Jake
Hi Jake,
For an overstay of seven years, it isn’t as simple as overstaying by a few months. He would need to chat with a specialist to understand his options. He can schedule a 1-on-1 consultation with a Visa Specialist accredited by the Bureau of Immigration.
Let me know if we can help.
Cheers,
Marco
Hi Marco had a shock today when my filipino wife was at the airport with my 10yr old british daughter who has a philippine birth certificate aswell as a uk one was stopped from leaving by the BI as they say my daughter has overstayed her welcome. How is this possible with a filipino birth cert?
Hi Paul,
You say “British" daughter, so I assume she doesn’t have Philippine citizenship. While I was born in the Philippines and had a Philippine birth certificate, I was an American citizen subject to Balikbayan visa rules (1 year). Only when I became a dual citizen did I have the same rights to stay in the Philippines as a Philippine citizen and could stay indefinitely.
If you have other questions or need help with the visa process for your daughter, let me know.
Cheers,
Marco
Hello marco.
I have a friend he work in the Philippines but he already leave at work, his passport didn’t give back by the admin. He still stay in the Philippines co’z his passport is lost and already expired. What should he do? Is he consider as overstaying?
Hi Abhie,
He is considered to be overstaying. He can easily get an emergency replacement passport from the Embassy of his home country.
For example, if he an American here is the information from the US Embassy in Manila:
Emergency Passports
If you have confirmed travel within the next two weeks, contact the U.S. Embassy in Manila at [email protected] to request an in-person appointment for an emergency passport. Write “Emergency Passport” in the subject line of your email. We will confirm your interview appointment date and time by email. You must bring to your interview proof of urgent travel (e.g. purchased ticket/s, flight confirmation, confirmation of medical or legal appointments that require you to travel internationally within the next two weeks, etc.). Please note that emergency passports are limited in validity. We will provide you with information at your interview about how to replace your emergency passport with a full validity passport.
I am leaving for the Philippines on May 2, 2024 from North Dakota, USA and leaving Manila on May 1, 2024. May has 31 days. Is that one day over the 30 day limit?
Hi Tom, yes, that would count as an overstay. And the way the Bureau of Immigration works, the fine for overstaying one day is the same as overstaying one month. I suggest applying for a 29-day visa extension (technically a visa waiver). You can extend them online or at a BI office.
If there is a fine, do I pay it at immigrations in the airport?
Yup. You can pay the fine at the airport.
Hi
I have a friend who overstayed with a special visa due to a contract in Philippines went wrong.
He got detained
How did they calculate the fine? Is there any standard way or amount they calculate?
From the day he got caught or from the day he was overstayed + days of detention?
Hi Maggie,
If he is already detained, I would look at getting an attorney involved. Getting locked up Bicutan Detention Center is no joke. I recommend seeking legal help.
Good luck,
Marco
Hi Marco – My son has been detained at a CPDRC detention centre for 5-years and is due for release soon. I have so far been unable to find out if he has to pay a visa overstay fine as his initial entry was for 30 days or can we apply for a visa waiver under the circumstances. Any thoughts please?
Hi, I have friend, She is an Australian Citizen she has been admitted in the Philippines under 13g Visa and she’s living here in the Philippines as a permanent residence and she applied for Citizenship retention/reacquisition of a Filipino Citizenship has been granted on 04 Feb. 2019 now she is a holder of a dual citizen a Filipino Citizenship and a Australian Citizenship since then she’s still living here in the Philippines but she want to know if she is not to going to visit or return to Australia to live there, Is there any affect on her Australian Citizenship or is there fine for staying for a longer period of time in the Philippines is there any a penalty for not returning to Australia since she became a holder of a Citizenship retention/reacquisition of a Filipino Citizenship and Australian Citizenship. Thank you i hope you can help me and give me an advice to this matter. Im waiting for your kind response.
Hi Riza, I recommend you speak with a Australian consulate for specifics. However, most countries I know of do not “revoke" your citizenship if you stay outside of the country. However, not every country allows dual citizenship.
Hi there Marco, my sister and brother overstayed their Visa for more than 6months due to financial issues, we are ready to pay their Visas, fine and penalties. Is there anything they would need to present when they pay? Will they be allowed to leave the country ?
Hi Tammy, They should be fine to leave the country once they pay their visa fees and overstay fines. I suggest heading to the closest Bureau of Immigration office and getting their overstay issues settled, rather than letting any additional penalties accumulate.
I am married to my american citizen husband here in Philippines but we didn’t apply for his visa permanent visa yet is he over stayed already even we already married?
Hi Nelfa, correct. If his tourist visa expired and you haven’t applied for the 13a Marriage visa, then he has technically overstayed. If you need help applying for the 13a and getting his extension, let me know.
Hi, I am overstaying in Philippines nearly 63 month for my financial problem. And I am married to a Filipino wife nearly 72 months. Can I get TRV now?
Hi Shafiul, you would need to clear your overstay by paying the fees and fines before applying for your TRV. If you need help on both the overstay and the TRV, my partners can help with a visa consultation.