BI Memorandum Circular No. MCL-029-08 Blacklisting of Overstaying Foreigners

June 3, 2008

BI MEMORANDUM CIRCULAR NO. MCL-029-08

BLACKLISTING OF OVERSTAYING FOREIGNERS

WHEREAS, Commonwealth Act No. 613, as amended, otherwise known as the Philippine Immigration Act of 1940, vests with the Bureau of Immigration the responsibility of the administration and enforcement of immigration laws and admission of foreigners in the Philippines, which includes the enforcement of alien registration laws, exclusion, deportation and repatriation of aliens, and supervision of their immigration into and emigration from the Philippines; DHCSTa

WHEREAS, results of the Bureau's monitoring and surveillance activities reveal that there are still a number of temporary foreign visitors who fail to extend and update their tourist visa and overstay in the country notwithstanding the present program of the Bureau in simplifying the requirements for tourist visa extension through the Visa Issuance Made Simple (VIMS);

WHEREAS, this patent violation of a basic immigration requirements is not tolerable and must not be condoned;

WHEREAS, temporary foreign visitors who are overstaying in the Philippines for no valid reason are deemed undesirable and should be ordered to leave and placed in the Bureau's blacklist;

NOW, THEREFORE, in view of the foregoing, temporary foreign visitors who are overstaying in the country shall be allowed to update their stay upon payment of all the necessary fees, fines and penalties and shall be ordered to leave within ten (10) calendar days therefrom, and their names shall be included in the blacklist of the Bureau.

This Circular does not, however, preclude the Bureau from exercising other legal actions and remedies against such overstaying foreigners pursuant to law, rules and regulations. ESCTIA

This Circular shall take effect on July 01, 2008. All temporary foreign visitors who are overstaying in the country on or after the said effectivity date shall be covered by the Circular.

Let copies of this Circular be immediately published in a newspaper of general circular and filed with the Office of the National Administrative Register (ONAR), U.P. Law Center, U.P. Complex, Diliman, Quezon City, and furnished to all concerned. IACDaS

City of Manila, Philippines, June 3, 2008.

(SGD.) MARCELINO C. LIBANANCommissioner