UPDATE: WEG, A Boom or Doom on RP Tourism?
When the newspapers announced the easing of WEG (Waiver of Exclusion Ground) rules quoting concert Guitarist newly appointed Immigration Commissioner Marcelino Libanan, prudence tells us that we cannot just rely on newspaper account to avoid adding to the confusion that may cause some travelers with minors. On that account POGB sent an email inquiry to the Philippine Bureau of Immigration to clarify some questions on the easing of WEG rules, they have responded which we quote verbatim:
With respect to what constitutes "substantive proof of Philippine ancestry", we propose that it consists of:
- Government-issued identity documents issued to the minor's Philippine grandfather, grandmother, father, mother, or legal guardian. These documents consist of, but are not limited to, the following: (i) Valid Philippine passport issued by the DFA; (ii) Valid driver's license issued by the LTO; (iii) Valid non-driver's identity document issued by the LTO; (iv) Valid member's identity card issued by the Social Security System and (v) Valid member's identity card issued by the Government Service Insurance System;
- Certificate of live birth from a Local Civil Registry showing the Philippine Citizenship of the minor's Philippine grandfather, grandmother, father, mother or legal guardian;
- Record of birth issued by a Philippine Consular post showing the Philippine Citizenship of the minor's Philippine grandfather, grandmother, father, mother or legal guardian;
- A public instrument issued by competent authorities showing the Philippine Citizenship of the minor's Philippine grandfather, grandmother, father, mother or legal guardian;
- A notarized document alleging, among others, that the minor is related by consanguinity to a Philippine grandfather, grandmother, father, mother or legal guardian, who is either an elective or appointive official of the Philippine government, its instrumentalities, agencies or subdivisions; or
- A notarized document alleging, among others, that the minor is related by consanguinity to a Philippine grandfather, grandmother, father, mother or legal guardian.
(Please see attached copy of the new WEG rules as embodied in BI Office Memorandum No. MCL-08-006 )
This is a very good development and a testament that it pays to be pro-active. while I have no way of knowing if this is due to the efforts and persistence of Elsa Bayani (see WEG, A Boom or Doom on RP Tourism?) who was responsible for almost single handedly lobbying the Philippine government in waiving the WEG fee, Commissioner Libanan did exactly what she asked. Ask and ye shall receive so goes the saying and that is just the beginning. Imagine if there are more pro-active people acting in unison with like minded persons, who knows the Philippines may soon be a better place to live in.
POGB strongly advise travelers bringing along minors of Filipino lineage to consult with the Philippine Immigration Bureau and exercise their due diligence regarding the WEG rules and guidelines.
POGB strongly advise travelers bringing along minors of Filipino lineage to consult with the Philippine Immigration Bureau and exercise their due diligence regarding the WEG rules and guidelines.
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1 Speak Out:
From: Elsa Bayani elsabayani2003@...
Date: Tue, Aug 26, 2008 at 6:48 AM
Subject: Re: WEG
To: Initiative2010@...
Please look at these 2 forms - look again, and let me know what items are not necessary.
How the US Immigration handles minors (not US passport holders) entering the US.
Since the Philippine Immigration Law of 1940 is really a US Immigration law, the issue of the WEG must be dealt with similarly - US or foreign passport holders who are minors entering the Philippines.
According to the mother of Gabrielle, *the WEG law (of 1940) covers minors who are 15 years old or below - NOT THE WEG LAW INTERPRETED ANEW BY THE PHILIPPINE BI COVERING 18 YEARS OLD AND UNDER!!! *
**
According to the mother of Gabrielle, the minor must have a valid visa issued by the US Embassy (worldwide location) to enter the US.
According to the mother of Gabrielle, the accompanying adult must show an affidavit of permission for the minor to travel with the accompanying adult from the parent/parents of the minor"., The accompanying adult is properly identified based on own documents required entering the US.
According to the mother of Gabrielle, the visa (length of stay in US) is similar to that of the accompanying adult who has permission "traveling with the minor entering the US").
NOTE: The mother of Gabrielle is a US Immigration Officer. She personally traveled with
Gabrielle (to pick her up from the Philippines to return to US) when she was required to pay a penalty of P2,500 before departure with Gabrielle as an "overstaying alien" (10 days). The Philippine Immigration threatened her that Gabrielle will be detained at the NAIA because she refused to pay the penalty and challenged the BI to turn Gabrielle over to the US Embassy because she is a US citizen. Gabrielle's father is a military officer serving as Major of the USAF. HOWEVER, THEY WERE ALLOWED TO LEAVE NAIA TOGETHER "WITHOUT PAYING THE PENALTY"!!!!!!!!
Discretionary procedures at the port of entry depends upon the action further initiated by the US Imigration Officer processing entry of minors unaccompanied by own parents.
Case sample: Mother of Gabrielle (who is a U.S. Immigration Officer) encountered a minor who presents at the port entering the US with an adult. The adult has no "permission from the parents that the minor is allowed to travel unaccompanied by the minor's own parents". The minor's parents are US passport holders. The accompanying adult was not.
Question to the accompanying adult: You have no affidavit to show that the parents of the minor is allowed to travel with you - how are you related to the minor?
Answer: I am the grandmother of the minor. I have no document (permission to travel) bcause this minor is traveling with own parents in this cruise trip and the parents were ahead and did not go through immigration line because they are US passport holders. This kid slept in our cabin last night so the minor has to pass through this line (non-immigrant) with us.
Question: What are the names of the minor's parents?
Answer: (The grandmother gave the names of minor's parents. The Immigration officer checks the manifesto of passengers.) The names of the minor's parents appear in the manifesto of passengers. The Immigration Officer (Gabrielle's mother) decides (in her best discretion) to allow the minor to enter "unaccompanied by own parents" based on the declaration of the grandmother.
Was there any hassle from the action of the US Immigration Officer about the entry of a minor "unaccompanied by own parents" traveling with a non-US passport holder who claims to be the minor's grandmother "without affidavit of permission" from the minor's parents?
What is the difference between the US immigration law of 1940 (WEG) applied as Philippine Immigration law of 1940 (same WEG) in handling minors traveling "unaccompanied by own parents"?
The difference is the age range of the minor - US law 15 years old and below, Philippine law (new rulng as of July 28, 2008) is 18 years old and below.
*My opinion - it is an IRR against the provision (age range) of the original (WEG) law!!!!!!!!!!!!!*
**
*I would like to proceed to correct this new rule in case it becomes implmentable!*
**
*YOUR COMMENTS PLEASE! THANK YOU. PLEASE CIRCULATE TO YOUR LISTSERVE.*
**
*PLEASE GOOGLE: Pedestrian Observer or log on to keywords: WEG LAW.*
**
// Elsa Bayani
2" x 2" photograph
of applicant without eyeglasses and with white plain background
*FA Form No. 2-A (Revised 1981)*
* *
* PHILIPPINE CONSULATE GENERAL*
* *30 N. Michigan Ave., Suite 2100
Chicago , IL 60602
Tel. Nos. (312) 332-6458* *
* *
* APPLICATION FOR NON-IMMIGRANT VISA FOR
TEMPORARY STAY FOR PLEASURE AND BUSINESS*
* *
* (TO BE ACCOMPLISHED BY U.S. PASSPORT HOLDERS) *
* *
PLEASE READ REQUIREMENTS BEFORE FILLING OUT FORM. TYPE OR PRINT IN
BLUE/BLACK INK. VISA IS VALID FROM DATE OF ISSUANCE
Surname First Name Middle Name
Sex:
( ) Male ( ) Female
Place of Birth:
Date of Birth:
Age:
Citizenship:
Civil Status:
( ) Single ( ) Widower
( ) Married ( ) Divorced
( ) Separated ( )Widow
If married, state name and address of spouse:
Name of Father:
Name of Mother:
Present Address:
Telephone Nos.:
Office : ( )
Home : ( )
Occupation:
Financial means of support:
Passport Number:
Date of Issue:
Issued by:
Valid until:
Purpose of Entry:
Date of Departure from the U.S. :
Length of Stay:
Port of Entry:
Port of next destination:
Are you entering or leaving the Philippines on a privately owned yacht or sailboat?
Persons included in your travel document and accompanying you to the Philippines .
Reference(s) and/or immediate relatives in the Philippines :
Name(s): Complete
Address (P.O. Box unacceptable)
Signature of Applicant:
Date of application:
Received by:
Date:
IF APPLICANT IS UNABLE TO APPEAR IN PERSON, FORM HAS TO BE NOTARIZED.
* *
Notary Public
*For Official Use Only:*
*Visa No. granted on as
non-immigrant under Section 9(a) of the Philippine Immigration Act of 1940,
as amended, valid until .*
*Visa includes: *
* *
Consular Officer *
Fee: * *
O.R. No. * *
Service No. * *
NO DEROGATORY INFORMATION AS OF THIS DATE:
REMARKS:
DATE:
* *
The Consulate General, Chicago covers the following states: *Arkansas**, Illinois , Indiana , Iowa , Kansas , Michigan , Minnesota , Mississippi , Missouri , North Dakota , Nebraska , South Dakota , Ohio , and Wisconsin .*
* *
*REQUIREMENTS FOR ISSUANCE OF TOURIST OR BUSINESS VISA *
*FOR U.S. PASSPORT HOLDERS*
*Foreigners may enter and visit the Philippines without securing entry visas if their intended length of stay is twenty-one (21) days or less, the nature of their trip is for tourism only, and they are holders of round-trip or onward travel airline tickets.*
* *
* All others are required to secure entry visas, particularly the following: (a) Applicants who are fourteen (14) years of age and below who are traveling unaccompanied by a parent or not joining a parent in the Philippines; and, (b) Applicants between the ages of fifteen (15) and seventeen (17) years old.*
* *
* If a visa is required, applicants are requested to submit the following documents/papers, where appropriate:*
1. Original passport or travel document with a validity of not less than six (6) months beyond the last day of the intended stay in the Philippines .
2. A visa application form, duly accomplished.
3. Photocopy of round trip/onward flight plane ticket or a travel itinerary from a travel agency.
4. If a U.S. Immigrant/green card holder, a photocopy of U.S. Alien Registration Card or U.S. re-entry permit.
5. If a minor and -
a. To be accompanied during the trip by either parent - a duly notarized Affidavit of Consent by parent staying behind
b. Below the age of 15 - secure a Waiver of Exclusion Ground (WEG) upon arrival in the Philippines . (Please see item 10 below)
c. If parents are divorced or separated - proof of the holding of sole custody of said minor, e.g. divorce decree or an appropriate court order
6. Proof of financial capacity:
a. If trip is for pleasure/tourism/to visit relatives - photocopy of one of the following - latest bank statement, affidavit of support executed by relatives here or in the Philippines, statement of monthly pension, recent pay stub, Employment Certificate from the employer indicating position and salary, etc.
b. If trip is for business purposes - a letter from employer or sponsor indicating purpose or nature of the trip, length of intended stay (inclusive dates), company guarantee of financial obligations that may be incurred while in the Philippines.
7. *NO VISA IS REQUIRED FOR FORMER FILIPINOS who are naturalized citizens of the U.S.A.* and proceeding to the Philippines for tourism purposes for a stay of one (1) year or less as Balikbayans� provided they show proof of being former citizens of the Philippines (e.g., old Philippine passport, birth certificate or naturalization papers) upon arrival in the Philippines . Spouses and children (below 21 years old) of former Filipinos who are U.S. passport holders and travelling with the principal former Filipinos may avail of the same privilege by presenting, upon arrival in the Philippines, copy of their marriage certificates (for spouses) and birth certificates (for children).
8. If married to a Filipino citizen, please submit photocopy of marriage certificate.
9. Visa Fee Schedule:
$30.00 - Single entry visa valid for three (3) months with a 59-day initial stay
60.00 - Multiple entry visa valid for six (6) months with a 59-day initial stay
90.00 - Multiple entry visa valid for twelve (12) months with a 59-day inital stay
The Visa Officer may require the submission of other documents. Application forms can be filed either in person or by mail. Applications transmitted by mail should be notarized by a Notary Public. Please allow one to two weeks for processing and mailing.
10. Additional requirements for applicants *under fifteen (15) years of age* Said applicants are required to secure Waiver of Exclusion Ground (WEG) from immigration authorities upon arrival in
thePhilippines. The following documents are to be submitted to the immigration authorities at the Ninoy Aquino International Airport (NAIA), or to the Bureau of Immigration in Intramuros, Manila within three (3) days from arrival:
1. Notarized Affidavit of Request, Consent and Guaranty by either parent or legally appointed guardian of the child, which indicates the person who is accompanying the child and also the person with whom the child will stay in the country. (A pro forma affidavit of Request, Consent and Guaranty form is available at the Consulate);
2. Birth Certificate of the child;
3. Clear photocopy of the data page of the childs passport; and,
4. P3,630.00 waiver fee.
(The minors passport will be surrendered to immigration authorities at NAIA, for transmittal to the Office of the Immigration Commissioner. The waiver approval and the child's passport will be returned to the NAIA Immigration prior to the minors departure from the Philippines . Please
inform NAIA Immigration authorities if the child is proceeding outside Metro Manila and if the intended port of departure is outside Manila (e.g. Cebu ), so that the waiver approval and the minor's passport can be sent to the latter port of departure. The concerned parent/guardian of the
applicant minor may execute a duly authenticated Special Power of Attorney designating and authorizing an agent based in Metro Manila to secure from BI in Intramuros the certificate of WEG and pay the corresponding fees. Failure to comply with the above requirements may cause the cancellation of admission status.)
*PAYMENTS MUST BE MADE IN CASH, MONEY ORDER, BANK DRAFT, OR CASHIER'S CHECK PAYABLE TO PHILIPPINE CONSULATE GENERAL. PERSONAL CHECKS WILL NOT BE ACCEPTED. THE CONSULATE ASSUMES NO RESPONSIBILITY FOR LOSS THROUGH THE MAIL
*. If applicant wishes the passport to be mailed back, applicant should enclose any of the following: a self-addressed/ stamped priority/certified mail envelope; a prepaid FEDEX, AIRBORNE or UPS envelope; $17.00 for Express Mail to cover mailing expenses. *METERED STAMPS WILL NOT BE ACCEPTED*.
* *
--- On *Tue, 8/26/08, Elsa Bayani elsabayani2003@...* wrote:
From: Elsa Bayani elsabayani2003@...
Subject: WEG
To: "Elsa Bayani" elsabayani2003@...
Date: Tuesday, August 26, 2008, 7:42 AM
FA Form 2-A Note: Please see
www.pcgny.net for requirements
FOREIGN SERVICE OF THE PHILIPPINES
CONSULATE GENERAL OF THE PHILIPPINES
556 Fifth Avenue, New York, NY 10036-5095
Tel. No. (212) 764-1330
*
NON-IMMIGRANT APPLICATION FOR PASSPORT VISA
FOR THE PHILIPPINES
*
_________________________________________20___________
CLASSIFICATION _________________No. ________________
PHOTO
2" x 2"
SURNAME / FAMILY NAME / LAST NAME
CITIZENSHIP
FIRST NAME / GIVEN NAME
MIDDLE NAME (mother's maiden surname / if married, maiden surname)
OCCUPATION
NAME OF EMPLOYER
CIVIL STATUS
SINGLE WIDOWED
MARRIED DIVORCED
SEPARATED
ADDRESS OF EMPLOYER
DATE OF BIRTH (m/d/yyyy)
PLACE OF BIRTH
SEX
MALE FEMALE
CURRENT ADDRESS IN U.S. (Apartment No., Street, City)
STATE
ZIPCODE
TEL. NO.
NAME OF SPOUSE
ADDRESS OF SPOUSE
PURPOSE OF ENTRY
BUSINESS PLEASURE
NEXT PORT of DESTINATION
REFERENCE IN THE PHILIPPINES, if any:
NAME:
ADDRESS:
FINANCIAL MEANS OF SUPPORT AND PROOFS
LENGTH AND DATES OF INTENDED STAY:
PASSPORT (US, CANADA, ETC.)
PASSPORT NUMBER
ISSUED BY
ISSUED ON (m/d/yyyy)
EXPIRY date (m/d/yyyy)
THE FOLLOWING PERSONS ARE ACCOMPANYING ME TO THE
PHILIPPINES:
1.
2.
3.
4.
HAVE YOU EVER BEEN CONVICTED OF ANY CRIME? IF YES, PLEASE
PROVIDE DETAILS:
SUBSCRIBED AND SWORN to before me this _____ day of
________________ in ______________________________________
*
OFFICER AUTHORIZED TO ADMINISTER OATH
SIGNATURE OF APPLICANT
FOR OFFICIAL USE ONLY
*
PASSPORT VISA NO. ____________________ GRANTED ___________________ AS
NON-IMMIGRANT UNDER SECTION
9( ) _____________________________ OF THE PHILIPPINE IMMIGRATION ACT OF
1940, AS AMENDED, MULTIPLE/ SINGLE
ENTRY UNTIL ________________________.
VISA INCLUDES:
CONSULAR NOTATIONS: _______________________________________________
_______________________________________________________________________
*
CONSUL OF THE REPUBLIC OF THE PHILIPPINES
RELEASED BY:
PRINT NAME AND SIGNATURE DATE RELEASED:
REQUIREMENTS FOR THE ISSUANCE OF NON-IMMIGRANT VISA FOR TEMPORARY STAY NOT
EXCEEDING FIFTY NINE DAYS FOR TOURISM AND BUSINESS PURPOSES
1. Submit accomplished visa application (FA Form 2-A) with passport size photo attached. For
*Taiwan passport and Reentry permit holders, submit *two (2) *application forms *(FA Form No. 2) *and *two photographs signed on the front left side. *If the applicant is not appearing in person before the Consular Officer, each application form must be notarized.
2. Passport must be valid for at least six (6) months beyond the proposed
stay in the Philippines.
3. Proof of financial capacity
a. Pleasure *– photocopy of any of the following: latest bank statement, previous year's income tax return, most recent pay stub and an employment certificate from the employer indicating position and salary or affidavit of support.
b. Business letter from employer or sponsor of the trip indicating its specific purpose or nature, length of stay (inclusive dates), company guarantee or all moral and financial obligations to be
incurred by the person while in the Philippines.
4. Photocopy of airline and travel itinerary.
5. Pleasure visas for Minors *(Applicable to children who are not Philippine Passport holders and are under 15 years of age.)
a. Children accompanied by or coming to a parent must comply with requirements (1) to (4), plus photocopy of airline ticket and travel itinerary of the parent.
b. In addition to the visa, children unaccompanied by or not coming to a parent are required to have a Waiver of Exclusion Ground (WEG) issued by the Bureau of Immigration in Manila. A visa is issued even without the WEG upon submission of the other requirements. In this case, the following must be submitted to the Bureau of Immigration at the port of entry in the Philippines:
Affidavit of Request, Consent and Guaranty by either parent or legally appointed guardian of the child naming therein the person who will be accompanying the child to the Philippines and with whom the child will reside in the country;
Birth Certificate of the child;
Photocopy of the data page of the child's passport;
Photocopy of passport of accompanying adult or guardian and
Fee
WEG application filed at the port of entry requires the applicant to leave the passport with the Bureau of Immigration, which will be released only after the WEG is secured.
6. NO VISA REQUIRED FOR BALIKBAYANS AND THEIR ALIEN SPOUSES AND CHILDREN*, for
tourism purposes for a stay of one year or less in the Philippines. A "Balikbayan"is:
a) Filipino citizen who has been continuously out of the Philippines for a period of at least one year;
b) Filipino overseas worker or c) former Filipino. However, children under 15 years of age who are unaccompanied by or not coming to a parent are required to have a Waiver of Exclusion
Ground (WEG). Please see par. 5 above.
7. Nationals of countries which have diplomatic relations with the Philippines are generally allowed entry into the country without visas for a stay of twenty one (21) days or less, provided the
nature of the trip is for tourism only and are holders of round trip or onward travel airline ticket. US passport holders are covered under this rule.
*For non-US passport holders
applying for a visa, a copy of the Alien Registration Card or proof of legal residency in the US is required. However, children under 15 years of age who are unaccompanied by or not coming to a
parent are required to have a Waiver of Exclusion Ground (WEG). Please see par. 5 above.
*
The Philippine Consulate General reserves the right to request for additional documents aside from those submitted.
Schedule of Fees
Single entry valid for three (3) months
Multiple entry valid for six (6) months
Multiple entry valid for one (1) year
US $30.00
60.00
90.00
Application by mail:
Enclose a self-addressed stamped envelope (preferably certified mail or priority mail). Envelopes with metered
stamps will not be accepted. Allow one to two weeks for processing.
*The Consulate General will not be responsible for any delay or loss of documents in the mail.
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