How to Get an Affidavit of Support and Guarantee for Travel in the Philippines

An Affidavit of Support and Guarantee is a critical document for certain foreign nationals wishing to travel to the Philippines. This legal instrument assures the Philippine government that the traveler will not become a financial burden during their stay in the country. Below is an in-depth guide to understanding the process, requirements, and legal framework surrounding this document within the Philippine context.

What is an Affidavit of Support and Guarantee?

An Affidavit of Support and Guarantee is a formal statement issued by a Philippine citizen or a foreign national with a valid permanent residency status in the Philippines. It serves to vouch for the financial responsibility of a foreign traveler visiting the country. This document is typically required when the traveler does not have sufficient proof of financial means to support themselves during their stay.

In essence, the affidavit guarantees that the affiant (the person signing the affidavit) will financially support the traveler in the event that the latter is unable to cover their expenses. This includes lodging, food, medical expenses, and other personal costs while in the Philippines.

Legal Basis

The issuance and requirement for an Affidavit of Support and Guarantee in the Philippines are primarily governed by the Philippine Immigration Act of 1940, particularly provisions that deal with the entry of foreign nationals. The Bureau of Immigration (BI) requires this document to ensure that foreigners who enter the country as tourists or on temporary visits have the necessary financial means to support themselves during their stay, or alternatively, have someone who can guarantee their financial support.

When is an Affidavit of Support and Guarantee Required?

An Affidavit of Support and Guarantee is typically needed in the following circumstances:

1. Tourist Visa Applications: Travelers from certain countries may be required to submit an affidavit to prove they will not be a public charge during their visit to the Philippines. This is especially applicable for countries where nationals are perceived to be at risk of overstaying or becoming a financial burden.

2. Minor Travelers: If a foreign minor is traveling to the Philippines and is not accompanied by their parents or legal guardians, the affidavit of support may be required from the party who is responsible for the minor during their stay.

3. Non-Immigrant Visa Holders: Foreigners who hold specific types of visas (such as a non-immigrant visa) may be required to submit this affidavit to demonstrate that they have financial support during their stay.

4. Visiting Relatives: When a foreigner plans to visit family members in the Philippines and does not have sufficient financial means, the relative residing in the Philippines may need to submit the affidavit.

Who Can Be the Affiant?

The affiant must be either a Philippine citizen or a foreign national with a permanent resident status in the Philippines. The person providing the affidavit is legally responsible for the welfare of the foreign national during their stay. They must be able to demonstrate that they have the financial means to support the traveler.

Requirements for an Affidavit of Support and Guarantee

To ensure the document is legally binding and accepted by the Bureau of Immigration, the following elements must be included:

1. Affidavit of Support and Guarantee Form: The affiant must fill out the prescribed affidavit form available at the Bureau of Immigration or a Philippine Consulate in the foreigner's home country.

2. Proof of Affiant's Financial Capacity: The affiant must submit documents proving they can support the traveler, such as:

   • Bank statements
   • Income tax returns (ITR)
   • Payslips
   • Property deeds
   • Business registration (if applicable)

3. Identification Documents: The affiant must provide copies of their valid identification cards. This includes a government-issued ID, passport (if applicable), and proof of Filipino citizenship (for Filipino affiants) or proof of permanent residency (for foreign nationals).

4. Travel Documents: The traveler’s passport must be submitted, along with their intended travel itinerary to show their entry and exit dates from the Philippines.

5. Travel Insurance (if required): In some cases, the immigration authorities may request travel insurance for the traveler to demonstrate additional financial coverage during their stay.

6. Letter of Guarantee: The affiant must explicitly state in the affidavit that they are guaranteeing the traveler's financial obligations and will be responsible for any emergency or unforeseen costs during the stay in the Philippines.

How to Prepare the Affidavit

1. Drafting the Affidavit: The affidavit is typically prepared with the help of a lawyer, although it can be drafted by the affiant if they are familiar with the required legal format. The document should contain:

   • A statement of facts about the affiant’s relationship with the traveler.
   • A declaration of the affiant’s financial ability to support the traveler.
   • The specific dates for the traveler’s stay in the Philippines.
   • A statement of responsibility, promising to cover costs in the event that the traveler cannot.

2. Notarization: The affidavit must be signed in the presence of a notary public to ensure its legal validity. This notarization verifies that the document was signed voluntarily and with full understanding of its contents.

3. Filing with the Bureau of Immigration: After notarization, the affidavit must be submitted along with the other required documents to the Bureau of Immigration. It is advisable to file the affidavit ahead of the travel date to ensure enough processing time.

Processing Time

The processing time for the Affidavit of Support and Guarantee depends on the volume of applications at the Bureau of Immigration and the completeness of the submitted documents. Typically, it can take anywhere from a few days to a couple of weeks. Therefore, it is important to plan ahead and ensure that the affidavit is submitted well before the intended travel date.

Consequences of Failing to Submit the Affidavit

If the traveler fails to submit an Affidavit of Support and Guarantee (when required), their entry into the Philippines may be delayed or even denied. The Bureau of Immigration is strict about ensuring that foreign nationals have sufficient financial backing during their visit to avoid burdening the government and public services.

In cases where the affiant fails to fulfill their financial responsibility, the Philippine government has the right to revoke the traveler's visa or entry permit and may impose penalties.

Conclusion

The Affidavit of Support and Guarantee is an essential document for certain foreign nationals who wish to visit the Philippines, providing assurance that the traveler will not become a financial burden on the country during their stay. By understanding the requirements and following the proper legal procedures, both the affiant and the traveler can ensure a smooth and successful visa or entry process. It is essential to check with the Bureau of Immigration or a legal professional for up-to-date information, as rules and procedures may evolve.