Affidavit of Support Requirements for Student Travel Companions

Affidavit of Support Requirements for Student Travel Companions

Philippine legal and practical guide (updated to July 2025)


1. What Is an “Affidavit of Support” (AOS)?

An Affidavit of Support is a sworn, notarised declaration in which a sponsor (usually a parent, relative, or institution) promises to shoulder the living, study‑related, and travel costs of a student and/or the student’s accompanying family members (“travel companions”). It serves two functions:

Function Purpose
Immigration safeguard Shows the Bureau of Immigration (BI) or a foreign embassy that the traveller will not become a public charge or overstay.
Anti‑trafficking / child‑protection measure Helps the DSWD and Inter‑Agency Council Against Trafficking ensure that minors are leaving or entering the country with adequate parental consent and funds.

Key point: The AOS is evidence of financial capacity and parental (or spousal) consent—it does not by itself confer a visa or travel clearance.


2. Core Legal Bases in the Philippines

Instrument Salient provision for student travellers
1987 Constitution, Art. II §13 & Art. XV Places highest priority on the youth and the family, authorising protective regulation of minor travel.
Family Code (E.O. 209) Parents exercise legal custody; consent is required for minor travel.
RA 9208 (Anti‑Trafficking in Persons Act) & RA 10364 Mandate strict vetting of documents for minors and students vulnerable to trafficking.
RA 8239 (Philippine Passport Act) BI & DFA may require “such supporting papers as may be necessary” to establish entitlement to a passport or travel.
DSWD A.O. No. 12‑2017 (revised 2021) Details Travel Clearance for Minors (below 18). One requirement is a DSWD‑format Affidavit of Support and Consent (ASC) from parents.
BI Operations Order SBM‑2014‑059 & succeeding memos Allows immigration officers to demand an AOS when a Filipino tourist or student ≤ 24 years old travels with a non‑parent companion, or when a foreign student’s dependants arrive.
BI Student Visa Rules (9‑F & Special Study Permit) For foreign students, the school or parent must execute an AOS confirming ability to support the student and any dependants.
2004 Rules on Notarial Practice Governs form, venue, and acknowledgment of Philippine affidavits.
Hague Apostille Convention (effective 12 May 2019 for PH) Affidavits executed in the PH for use abroad must carry a DFA apostille instead of consular “red ribbon”; those signed abroad need apostille or consular authentication there.

3. When Is an AOS Required?

Scenario Who executes it? Typical authority that asks for it
Filipino minor or student (18–23) departing for study, training, or exchange program Parent(s) or legal guardian DSWD (for Travel Clearance) and immigration officer at exit
Filipino student accompanied by a relative (not parent) Parent(s) issue ASC + relative issues own AOS to cover shared costs BI at exit
Filipino student’s foreign study visa application (e.g., Canada, U.S., EU, Japan) Filipino or overseas sponsor (parent, scholarship foundation) Embassy/consulate
Foreign student taking a 9‑F visa in PH Parent abroad or sponsoring school BI during visa approval
Dependants/companions of a foreign student (spouse, minor child) entering PH The enrolled student or the same sponsor BI & Philippine embassy that issues entry visa
Graduation visit—parents flying in to attend ceremonies of a PH‑based foreign student The student (now resident in PH) executes AOS for the parent’s visit BI upon arrival (tourist visa waiver)

Rule of thumb: if (a) the traveller is a minor or a dependent and (b) someone else will pay his/her expenses, an AOS will almost always be asked for.


4. Minimum Content Checklist

All Philippine‑style AOS/ASC instruments should contain nine essential items:

  1. Full legal name, nationality, civil status, and full address of the sponsor.

  2. Relationship to the student (parent, uncle, scholarship foundation, etc.).

  3. Student’s full name, birthdate, passport details, and school/program abroad or in PH.

  4. Purpose and duration of travel/study (“Bachelor of Science in Nursing, 4 years, Aug 2025–May 2029”).

  5. Specific undertaking to shoulder:

    • Tuition and school fees
    • Living expenses (rent, food, transport, books)
    • Medical insurance
    • International and local airfare for student/companion
  6. Guarantee of repatriation should funds run out or visa be refused.

  7. Consent to travel (for minors) naming the adult companion and flight segments.

  8. Waiver of liability holding BI, DSWD, DFA harmless.

  9. Notarial acknowledgment (or consular/ apostille certificate).

Attachments usually requested:

Attachment Note
Recent bank certificate / bank statement (3–6 months, PHP or foreign currency)
Proof of income (employment certificate, ITR, or payslips)
Proof of relationship (PSA birth certificate, marriage certificate)
Student documents (Notice of Acceptance, enrollment letter, SEVIS I‑20, CHED endorsement, etc.)
Companion’s passport & itinerary (if applicable)

5. Execution & Authentication Flow

  1. Draft & sign the affidavit.

  2. Notarise in the same jurisdiction where it is signed (Rule on Notarial Practice).

  3. Authenticate:

    • Inside PH → DFA‑ASEANA for apostille (1–2 working days).
    • Abroad → Either apostille by foreign authority or Philippine Embassy/Consulate “Acknowledgment / Jurat”.
  4. Translate officially if the host country or embassy does not accept English.

  5. Submit with the visa or travel‑clearance package.

Apostille tip: DFA apostilles now come as a QR‑coded tamper‑evident sheet stapled to the affidavit. Do not detach it.


6. Validity & Re‑Use

Purpose Validity Period
DSWD Travel Clearance AOS/ASC must be issued within 3 months prior to application; clearance itself is valid for 1 or 2 years, depending on request.
Foreign study visa Embassies vary (1–6 months). Submit the most recent financial documents.
BI entry of foreign student’s dependants Usually accepted if dated ≤ 6 months before arrival.

If the student’s course is multi‑year, the sponsor should be ready to re‑execute an AOS annually when filing for visa extensions or when the bank balance changes materially.


7. Common Pitfalls & How to Avoid Them

Pitfall How to avoid
Unsigned or undated pages Sign every page; initial if embassy rules require.
Notarised outside venue of execution Notary must be physically present during signing; videocon notarisation abroad not honoured unless host country recognises it and embassy accepts it.
Mismatch of names (e.g., nickname on bank cert) Use exact PSA names; if different, provide an affidavit of discrepancy.
Insufficient financial evidence Rule of thumb: tuition + living expenses × 12 months × course duration + reserve for flights (varies by destination).
Forget to include travel companion in the text For minors, explicitly name the escort with passport details to satisfy DSWD.
Over‑reliance on photocopies Bring originals at the airport; BI can offload travellers who cannot present originals.

8. Sample Outline (for guidance only)

AFFIDAVIT OF SUPPORT AND CONSENT
I, [Full Name], Filipino, of legal age, single/married, residing at [Address], after being sworn, depose:

1. That I am the biological [father/mother] of [Student’s Name], born on [DOB], holder of Philippine Passport No._________.
2. That my child has been accepted to the Bachelor of Architecture program at XYZ University, Brisbane, Australia, from 01 Sept 2025 to 31 Dec 2029.
3. That I undertake to provide full financial support for tuition, accommodation, insurance, daily living expenses, and round‑trip airfare until completion of the course.
4. That I further authorise my sister, [Companion’s Name], Passport No.__________, to accompany my child on the outbound flight [details] and to remain with her for a period not exceeding 30 days.
5. That I guarantee the immediate repatriation of my child and/or her companion should circumstances so require and hold the Government of the Philippines free from liability.
IN WITNESS WHEREOF…

Always adapt wording to the exact requirements of the receiving authority.


9. Penal & Civil Consequences of False AOS

  • Perjury (Art. 183, Revised Penal Code as amended by RA 11594) – up to 6 years prison & fine.
  • Immigration Act §46 – deportation for foreign sponsors who falsify affidavits.
  • RA 9208 – false sponsorship to facilitate trafficking: 15 years – life imprisonment.
  • Civil damages – Host schools or airlines may sue for unpaid obligations.

10. Frequently Asked Questions (FAQ)

Question Short answer
Is an AOS always needed for an 18‑year‑old? If travelling alone as a legal adult, usually no; embassies may still ask for proof of funds.
Can a scholarship grant substitute for an AOS? Yes, if the grant letter states it covers all expenses and is duly notarised/ authenticated.
What if my parents are abroad? They can execute the affidavit at the Philippine Embassy or a local notary + apostille then courier hard copies.
Can a bank in joint names be used? Yes, supply bank cert & copy of the joint passbook/card; both owners may need to sign the affidavit.
Does BI keep the original? BI usually inspects and returns originals; embassies keep certified copies.

11. Government Contacts

  • Bureau of Immigration (Student Desk)

  • DSWD – Travel Clearance Unit

    • Website: dswd.gov.ph/programs/travel‑clearance‑for‑minors
    • Hotline: 8888 (press 5 then 2)
  • Department of Foreign Affairs – Apostille Office

    • Aseana Business Park, Parañaque City
    • Online appointment: apostille.dfa.gov.ph

12. Key Take‑Aways

  1. Check who is asking for the affidavit—DSWD, BI, or a foreign mission—and follow their template.
  2. Execute, notarise, and apostille well ahead of target travel or visa‑filing date.
  3. Match supporting documents (financial and relationship proofs) verbatim with affidavit details.
  4. Carry originals on actual travel day to avoid airport off‑loading.
  5. Renew or re‑execute the affidavit if financial circumstances or course duration change.

This guide is for information only and does not replace personalised advice from a Philippine lawyer or certified immigration consultant.

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