Letter of Explanation (“LOE”) for an Extended Stay before the Philippine Bureau of Immigration
(A comprehensive Philippine‑law‑oriented primer — July 2025)
1. Why an LOE Matters
Foreign nationals who stay in the Philippines longer than the period initially authorized on their entry visa or visa‑waiver must either (a) secure timely extensions before the stay lapses, or (b) if the period has already lapsed, address the overstay by paying fines and submitting a Letter of Explanation. The LOE is the foreigner’s sworn narrative that:
- Justifies why additional time is needed or why the person failed to extend on time;
- Shows good faith (no intent to violate immigration rules);
- Commits to depart or regularize status once the stated reason is resolved.
Although not rigidly defined in Commonwealth Act No. 613 (the Philippine Immigration Act), the LOE is required under several Bureau of Immigration (BI) Operations Orders (e.g., O.O. SBMJ‑2021‑015, O.O. JHM‑2019‑018) that govern visa‑extension and overstay‑clearance desks.
2. Legal Framework
| Source | Key Points |
|---|---|
| Commonwealth Act No. 613 (as amended) | § 9 & § 11 give BI the power to grant or refuse extensions; § 37 empowers BI to charge fines and order exclusion/deportation. |
| BI Operations Orders & Memoranda | Detail documentary requirements, timelines, extension brackets (1–24 months), fines (₱500/month overstay + ₱2,000 admin surcharge), and the LOE requirement for “special or meritorious cases.” |
| Alien Registration Act (R.A. 562) | Links extension approval to having or obtaining an ACR I‑Card when stay exceeds 59 days. |
| COVID‑19 & Force‑Majeure Circulars (2020–2022) | Temporarily relaxed penalties but did not remove the LOE requirement for those caught by travel restrictions. |
3. When Must You Submit an LOE?
- Requesting an unusually long extension (e.g., > 6 months in a single application).
- Overstaying — even by a single day — before filing for an extension or exit clearance.
- Conversion to another visa (e.g., 9(g) work visa) where the application was filed late.
- Re‑entry after a previous overstay; BI often requests an LOE at the port of entry.
- “Humanitarian or compassionate grounds” (medical treatment, calamity, pending court case, etc.).
4. Essential Parts of the LOE
Header & Date — Align right; include full BI office address (e.g., “Commissioner Norman G. Tansingco, Bureau of Immigration, Magallanes Drive, Intramuros, Manila”).
Re: line — “Letter of Explanation for Extended Stay / Overstay” plus ACR I‑Card or Passport No.
Salutation — “Honorable Commissioner:” or “Sir/Madam:”.
Opening Paragraph — State full name, nationality, passport number, first arrival date, current visa class, and the exact number of days/months of overstay or length of extension sought.
Narration of Facts — Chronological, factual, specific. Typical acceptable grounds:
- Medical — Provide diagnosis, attending physician, hospital confinement dates.
- Force majeure — Flight cancellations, border closures, natural disasters.
- Family emergencies — Severe illness/death of Filipino spouse/parent/child.
- Pending official processes — Visa‐conversion paperwork delays, court/administrative hearings.
Apology & Good‑Faith Assertion — Acknowledge unintentional non‑compliance, affirm respect for Philippine laws.
Undertaking — Promise to (i) pay lawful fees and fines, (ii) depart or finish conversion promptly, (iii) present supporting documents.
Closing & Signature — “Very truly yours,” handwritten signature above printed name; indicate contact number and e‑mail.
Attachments List — Enumerate supporting evidence (see § 5).
Tip: Keep it to one‑to‑two pages, single‑spaced, in clear, grammatically correct English; foreigners may file an optional Filipino translation.
5. Supporting Documents to Attach
| Category | Typical Evidence |
|---|---|
| Identity & Status | Photocopy of passport biodata page, latest entry stamp, latest visa sticker/BI receipt, ACR I‑Card (if any). |
| Grounds‑Specific | Medical certificates, hospital bills, police reports, airline advisories, funeral program, court subpoenas, employment contract, endorsement letter from sponsoring company/agency. |
| Timeline Proof | Boarding passes, flight cancellation e‑mails, notarized affidavits from witnesses, quarantine or lockdown orders. |
All foreign documents must be authenticated (apostilled or consularized) unless originals are shown.
6. Filing Procedure
Prepare LOE + documents in duplicate.
Visit either the BI Head Office (Intramuros) or an authorized BI Field Office before overstay reaches the 36‑month (visa‑waiver) or 24‑month (visa‑required) ceiling.
Fill out the Application for Extension of Authorized Stay / Overstay Reconsideration form (CFU Form MCL‑07‑01 or equivalent).
Pay at Cashier:
- Regular extension fees (₱500–₱5,000, depending on bracket);
- Overstay fines (₱500 per month or fraction thereof);
- Surcharge (₱2,000 first offense; ₱3,000 repeat offense);
- I‑Card fee (₱2,000) if stay > 59 days.
Queue at the Alien Control Officer (ACO) window; present LOE & receipts.
Wait for approval (1–5 working days; expedited “Express Lane” surcharge adds ≈ ₱1,000).
Receive Implementing Stamp & updated I‑Card or Claim Slip.
For departures: If overstaying ≥ 6 months, obtain an Exit Clearance Certificate (ECC‑A/B); LOE is retained in your BI file.
7. Possible Outcomes
| Decision | What It Means | Next Steps |
|---|---|---|
| Approved | BI accepts reason; extension granted, fines paid. | Carry receipts & I‑Card; follow departure/next‑extension schedule. |
| Approved with Warning | BI notes negligence but shows leniency; flagged for strict monitoring at next application. | Avoid repeat violation; future LOE may be disfavored. |
| Denied / Referred to Board of Commissioners | BI doubts the justification or suspects fraud. | Attend hearing; risk deportation order or blacklist. |
8. Penalties for Non‑Compliance
- Deportation & Blacklisting — Overstay > 1 year with no LOE or unpaid fines.
- Illegal Stay Fine — Additional ₱10,000–₱50,000 if discovered during departure or by law‑enforcement sweep.
- Difficulty Re‑entering — Any prior overstay without a satisfactory LOE can trigger a “D‑Q List” (Deferred‑Questioning) alert.
9. Draft Template (Quick Reference)
22 July 2025
Hon. Norman G. Tansingco
Commissioner, Bureau of Immigration
Magallanes Drive, Intramuros, Manila
RE: Letter of Explanation for Extended Stay
Passport No.: P1234567 ACR I‑Card No.: 1234‑567890 (if any)
Dear Commissioner:
I am JOHN ALEXANDER SMITH, a United States citizen who first arrived in Manila on
02 January 2025 under visa‑free entry (EO 408, 30 days). Owing to an acute appendicitis
diagnosis on 25 January 2025, I underwent surgery at St. Luke’s Global (Discharge Summary
No. SLH‑25‑01234, attached) and physician‑mandated recovery lasting six weeks. Consequently,
my permitted stay lapsed on 01 February 2025, resulting in a 171‑day overstay as of today.
I sincerely apologize for failing to process an extension while hospitalized and confined to
bed rest. I had no intent to disregard Philippine laws. I respectfully request reconsideration,
the assessment of all lawful fees and fines, and the issuance of an updated visa extension
until 31 August 2025 to complete follow‑up consultations (next appointment: 18 August 2025).
I undertake to depart the Philippines or convert to an appropriate visa before the requested
date and to keep the Bureau informed of any change of circumstances.
Thank you for your kind consideration.
Very truly yours,
[signature]
JOHN ALEXANDER SMITH
Mobile: +63 926 000‑0000 • E‑mail: john.smith@email.com
Attachments:
1. Passport biodata & latest BI stamp
2. St. Luke’s Global Discharge Summary & Medical Certificate
3. Hospital billing receipts
4. Return airline ticket booking (MNL‑LAX, 31 Aug 2025)10. Practical Tips & FAQs
| Question | Answer |
|---|---|
| Can I email the LOE? | No. Submit in person or through an accredited liaison. |
| Notarization needed? | BI accepts a signed LOE; notarization (or consularization if signed abroad) is advisable for credibility. |
| What if my passport is expired? | Renew first at your embassy; present proof of appointment if renewal is pending. |
| How long can extensions total? | Generally up to 36 months (visa‑waiver nationals) or 24 months (visa‑required nationals) without leaving. Beyond that, you must exit and re‑enter. |
| Does marriage to a Filipino exempt me? | No, but a 13(a) resident visa application can cure overstay; the LOE forms part of the petition record. |
| Is there an amnesty program? | Only when BI or Congress issues special circulars (e.g., post‑pandemic amnesty in 2022); watch for official announcements. |
11. Key Takeaways
- Timeliness & Truthfulness — File the LOE as soon as you learn you need more time or have overstayed.
- Document Everything — The stronger your evidence, the higher the approval chance.
- Stay Polite & Precise — BI officers favour concise, respectful letters over emotional appeals.
- Mind Future Travel — A well‑prepared LOE today reduces hassles at the airport tomorrow.
- When in Doubt, Seek Counsel — Complex cases (criminal charges, deportation orders) require an accredited Philippine immigration lawyer.
This article is for general information only and does not constitute legal advice. Immigration rules change; always check the latest Bureau of Immigration issuances or consult licensed counsel for specific situations.