Affidavit of Support and Extension of Stay Requirements for Foreigners Bureau of Immigration

The Bureau of Immigration (BI) of the Republic of the Philippines administers the admission, stay, and departure of foreign nationals pursuant to the Philippine Immigration Act of 1940 (Commonwealth Act No. 613), as amended, and its implementing rules and regulations. Among the most frequent administrative processes handled by the BI are applications for extension of authorized period of stay and the submission of an Affidavit of Support (AOS) when a foreign national is sponsored by a Philippine citizen or a lawfully admitted permanent resident. These two requirements are inextricably linked in practice: the AOS serves as the legal and evidentiary foundation that the foreign national will not become a public charge during the extended stay, thereby satisfying the BI’s mandate to protect public resources and maintain immigration control.

Legal Basis

Section 9 of the Immigration Act authorizes the Commissioner of Immigration to extend the period of stay of a temporary visitor (non-immigrant) upon proper application and showing of good cause. The period may be extended in increments not exceeding two months at a time for an aggregate of thirty-six (36) months from the date of original admission, subject to the Commissioner’s discretion and compliance with all documentary and financial requirements. Beyond thirty-six months, further extensions are granted only upon demonstration of compelling reasons or conversion to another appropriate visa category. The Alien Registration Act of 1950 (Republic Act No. 562) further requires every foreign national staying beyond fifty-nine (59) days to secure and maintain an Alien Certificate of Registration Identity Card (ACR I-Card), which is processed concurrently with most extensions.

The AOS draws its legal force from the same statutory framework and from BI Memorandum Circulars that operationalize the “public charge” doctrine. A sponsor who executes an AOS assumes personal liability for the foreign national’s maintenance, medical care, and eventual departure, thereby shifting the financial burden away from the Philippine government.

When an Affidavit of Support Is Required

An AOS executed by a sponsor is mandatory whenever the foreign national cannot independently prove sufficient funds to cover the entire proposed period of stay. The BI accepts self-support only when the applicant presents clear evidence of personal financial capacity (bank deposits, investments, pensions, or employment income). In all other cases—particularly first-time extensions or extensions requested by tourists, family visitors, or individuals without local income—an AOS from a qualified sponsor is compulsory. Sponsors must be either (a) Philippine citizens of legal age and sound mind, or (b) foreign permanent residents holding valid ACR I-Cards. The sponsor must demonstrate a bona fide relationship or legitimate reason for hosting the foreign national and must maintain continuous legal status in the Philippines.

Essential Contents of a Valid Affidavit of Support

The AOS must be executed on a standard BI-prescribed or notarized format and must contain the following indispensable recitals under oath:

  1. Full name, age, civil status, citizenship, address, and valid government-issued identification of the sponsor;
  2. Clear statement that the sponsor is financially capable and willing to support the foreign national for the entire duration of the requested extension;
  3. Undertaking to provide adequate food, lodging, transportation, medical care, and all other necessities;
  4. Guarantee that the foreign national will not engage in unauthorized employment or become a public charge;
  5. Express commitment to repatriate the foreign national or otherwise ensure lawful departure upon expiration of the authorized stay or upon demand by the BI;
  6. Agreement to notify the BI immediately of any change in the foreign national’s circumstances or departure from the sponsor’s residence;
  7. Waiver by the sponsor of any right to claim reimbursement from the government for any expenses incurred on behalf of the foreign national; and
  8. Jurat executed before a duly commissioned Philippine notary public, together with the sponsor’s community tax certificate or latest income tax return as proof of identity.

The AOS must be accompanied by the sponsor’s supporting financial documents, which the BI evaluates for adequacy relative to the number of dependents and the length of stay. Acceptable proofs of financial capacity ordinarily include:

  • Latest Income Tax Return (ITR) and BIR-stamped payment forms;
  • Bank certification or passbook showing sufficient deposits;
  • Certificate of employment with salary details and pay slips (for employed sponsors);
  • Business registration, latest financial statements, and DTI/SEC papers (for business owners);
  • Proof of real property ownership or other assets, if claimed as collateral support.

General Requirements for Extension of Stay

Regardless of whether an AOS is submitted, every application for extension of stay must include the following core documents:

  1. Duly accomplished BI Application for Extension of Stay form (available at BI offices or downloadable from the official BI website);
  2. Original passport valid for at least six (6) months beyond the requested extension period;
  3. Photocopies of the passport bio-data page and the page containing the latest Philippine arrival or admission stamp;
  4. Photocopies of all previous BI extension or admission stamps;
  5. Two (2) recent 2×2-inch photographs with white background;
  6. Payment of the prescribed fees: extension fee (currently ₱3,000.00 for the first month and ₱2,000.00 for each succeeding month, subject to official schedules), plus ACR I-Card fee (₱1,000.00) when applicable, legal research fee, and any express-lane or penalty charges;
  7. If the foreign national is represented by counsel or an agent, a Special Power of Attorney executed by the applicant and notarized.

Personal appearance of the foreign national is required for the initial extension and for every subsequent extension beyond the aggregate thirty-six-month limit unless a medical or other valid reason is accepted by the BI. Biometrics (fingerprints and digital photograph) are captured at the time of filing for ACR I-Card issuance or update.

Application Procedure

  1. The foreign national (or authorized representative) files the complete application package at the BI Main Office in Intramuros, Manila, or at any authorized BI Extension Office or Field Office before the expiry of the current authorized stay.
  2. The receiving officer conducts an initial completeness check and routes the application to the evaluation section.
  3. The AOS and supporting financial documents are reviewed for genuineness and sufficiency. The BI may require additional evidence or an interview of either the sponsor or the applicant.
  4. Upon approval, the extension stamp is affixed in the passport indicating the new authorized stay period. The ACR I-Card is issued or updated if the total stay exceeds fifty-nine (59) days.
  5. The foreign national receives a copy of the approved application and must present the passport with the new stamp at immigration checkpoints upon departure.

Applications filed after expiry incur an overstay fine of Five Hundred Pesos (₱500.00) per month or fraction thereof, capped by BI regulations, and may trigger a departure clearance requirement or, in aggravated cases, exclusion or deportation proceedings.

Special Categories and Additional Requirements

  • Minors: An AOS must be executed by both parents or the legal guardian; a notarized parental consent and birth certificate are mandatory.
  • Spouses or dependents of Philippine citizens: While an AOS remains relevant for temporary extensions, long-term status is usually converted to a 13(a) non-quota immigrant visa upon proof of bona fide marriage or relationship.
  • Students: Extensions under student visas require certification from the school registrar in addition to the standard AOS or proof of support.
  • Retirees under SRRV: Extensions are governed by separate Philippine Retirement Authority rules, but an AOS is still required if the retiree is temporarily sponsored before full SRRV approval.
  • Business or treaty traders: Extensions under Section 9(g) or 9(d) visas require additional corporate documents and may substitute the AOS with proof of investment or business viability.

Consequences of Non-Compliance

Failure to secure an extension or to submit a sufficient AOS may result in:

  • Imposition of overstay fines and administrative penalties;
  • Cancellation of the current admission stamp;
  • Issuance of a Hold Departure Order or Watchlist Order;
  • In extreme or repeated cases, summary deportation at the foreign national’s expense and inclusion in the BI blacklist.

The BI maintains discretion to deny any extension if the AOS is deemed insufficient, falsified, or if the sponsor has previously violated sponsorship undertakings.

Conclusion

The Affidavit of Support and the procedural requirements for extension of stay constitute the BI’s primary mechanisms for ensuring that foreign nationals admitted as temporary visitors remain self-sufficient or properly sponsored throughout their lawful presence in the Philippines. Strict adherence to these rules safeguards both the foreign national’s lawful status and the integrity of the Philippine immigration system. All applicants and sponsors are advised to consult the latest BI Memorandum Circulars and official fee schedules, as administrative requirements are subject to periodic regulatory amendment by the Commissioner of Immigration.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.