Voluntary Departure (VD) is a formal administrative process under the jurisdiction of the Bureau of Immigration (BI) that allows a foreign national to leave the Philippines without the stigma and legal consequences of a formal deportation order. It is often sought by individuals who have overstayed their visas, violated the conditions of their stay, or otherwise become undocumented but wish to maintain the possibility of returning to the Philippines in the future.
1. The Legal Concept of Voluntary Departure
Unlike deportation, which is an adversarial and compulsory process, Voluntary Departure is essentially a settlement. By applying for VD, the foreign national admits to a violation of the Philippine Immigration Act of 1940 (C.A. 613) and requests to leave at their own expense.
The primary advantage of VD is the avoidance of being placed on the Blacklist. A deported alien is generally barred from re-entry, whereas an alien who leaves via Voluntary Departure is typically placed on the Watchlist only for the duration of the proceedings and, once they have left and settled their obligations, may apply for a new visa to return.
2. Eligibility and Grounds
Not every foreign national is eligible for VD. It is generally reserved for those whose violations are administrative rather than criminal.
- Common Candidates: Overstaying tourists, individuals with expired work permits (9g or 47a2), or those who failed to downgrade their visas upon termination of employment.
- Disqualifications: Individuals with pending criminal cases in Philippine courts, those involved in human trafficking, or those classified as a threat to national security or public health are generally ineligible and will face formal deportation.
3. The Application Process
The process is handled by the Legal Division of the Bureau of Immigration. Because it involves an admission of a violation, it is highly recommended to undergo this process with legal counsel.
Step 1: Filing the Petition
The applicant files a Letter-Request for Voluntary Departure addressed to the Commissioner of Immigration. This letter must state the reasons for the overstay or violation and clearly express the intent to leave the country.
Step 2: Order to Leave (OTL)
If the Bureau finds the request meritorious, it will issue an Order to Leave (OTL). This document serves as the official directive for the alien to depart within a specific timeframe (usually 15 to 30 days).
Step 3: Payment of Fines and Penalties
The applicant must settle all financial obligations to the government, which may include:
- Overstaying fines (per month of overstay).
- Motion for Extension fees.
- Legal Research Fees.
- Administrative fines for the specific visa violation.
Step 4: Securing National Intelligence Coordinating Agency (NICA) Clearance
The BI often requires a clearance to ensure the applicant has no derogatory record or pending criminal investigations that would prevent their departure.
Step 5: Implementation and Exit Clearance
Once all fees are paid and clearances obtained, the applicant must secure an Emigration Clearance Certificate (ECC). In VD cases, the Bureau may also require the surrender of the applicant's ACR I-Card (Alien Certificate of Registration) for cancellation.
4. Comparison: Voluntary Departure vs. Deportation
| Feature | Voluntary Departure (VD) | Formal Deportation |
|---|---|---|
| Nature | Voluntary / Administrative | Compulsory / Quasi-Judicial |
| Cost | Borne by the Alien | Borne by the Alien (or State) |
| Blacklisting | Generally No (Watchlist only) | Yes (Permanent or Temporary) |
| Re-entry | Possible with new visa | Requires Lifting of Blacklist |
| Record | Administrative Settlement | Record of Deportation |
5. Essential Requirements for the Application
To initiate the process, the following documents are typically required:
- Original Passport (valid for at least 6 months).
- Affidavit of Explanation (detailing the circumstances of the overstay/violation).
- Proof of Financial Capacity to purchase an outbound flight ticket.
- NBI Clearance (National Bureau of Investigation) to prove no pending criminal cases.
- Boarding Pass/Confirmed Flight Ticket (to be presented once the OTL is issued).
6. The Role of "Self-Deportation"
In some instances, the BI may move a case from a deportation proceeding to a voluntary departure if the alien manifests a willingness to leave and the government determines that a protracted legal battle is not in the public interest. This is often referred to as a "stipulated" or "voluntary" deportation.
7. Important Caveats
- Watchlist Status: Upon filing for VD, the alien’s name is often placed on the Bureau’s Watchlist to prevent them from leaving through unauthorized means before the process is complete.
- No Refund Policy: All fines and penalties paid during the VD process are non-refundable, even if the alien later decides they wish to stay.
- Timelines: The administrative processing can take several weeks. It is not an "instant" way to leave; attempting to leave at the airport with an expired visa without prior OTL/VD processing will likely result in being intercepted by Immigration Officers.