The Philippine government, recognizing the enduring ties of overseas Filipinos to their homeland, established the Balikbayan Program under Republic Act No. 6768, as amended by Republic Act No. 9174. This legal framework provides specific privileges, including visa-free entry and extended stays, to former Filipino citizens and their immediate family members.
1. Defining the "Balikbayan"
Under Philippine law, the term "Balikbayan" refers to:
- Former Filipino citizens who had been naturalized in a foreign country and are returning to the Philippines.
- Filipino citizens who have been continuously out of the Philippines for at least one year.
- Overseas Filipino Workers (OFWs).
- Family Members: The foreign spouse and unmarried children (below 21 years old) of a Balikbayan, provided they are traveling together with the Balikbayan into the Philippines.
2. The Balikbayan Privilege (Visa-Free Entry)
The primary benefit for former Filipinos and their qualified family members is the One-Year Visa-Free Stay.
- Duration: Upon arrival, eligible individuals are granted a stay of one (1) year, exempt from visa requirements and Bureau of Immigration (BI) fees for the initial entry.
- Conditions for Entry:
- The individual must be a national of a country with which the Philippines has diplomatic relations and whose citizens are allowed visa-free entry under Executive Order No. 408.
- The Balikbayan must present a passport valid for at least six (6) months beyond the intended stay.
- The individual must possess a return or outward-bound ticket to their country of origin or next destination.
3. Documentary Requirements for Arrival
To avail of the one-year stay at the port of entry, the former Filipino must prove their previous citizenship to the Immigration Officer by presenting:
- A cancelled Philippine passport; OR
- A PSA-authenticated Birth Certificate; OR
- A Naturalization Certificate from a foreign country.
For Foreign Spouses and Children: They must travel with the former Filipino/Balikbayan and present:
- Marriage Certificate (for spouses).
- Birth Certificate (for children).
- Adoption Papers (for legally adopted children).
Note: Documents not in English must be accompanied by an official English translation authenticated by the Philippine Embassy or Consulate.
4. Extensions and Long-Term Stay
If a Balikbayan wishes to stay beyond the initial one-year period, they must apply for an extension at the Bureau of Immigration.
- Temporary Visitor Visa (9a) Extension: The one-year stay is technically a stay under a visa-waiver status. Extensions are granted in increments (usually 2 or 6 months) up to a maximum period, subject to BI approval and payment of applicable fees.
- Non-Quota Immigrant Visa (13g): Former Filipinos who wish to retire or reside permanently in the Philippines may apply for a 13(g) Visa. This grants permanent residency without the need to renounce foreign citizenship (unless pursuing Dual Citizenship).
5. Dual Citizenship (Republic Act No. 9225)
For many former Filipinos, the most robust "visa" is the re-acquisition of Philippine citizenship under the Citizenship Retention and Re-acquisition Act of 2003.
- Legal Effect: Once a former Filipino takes the Oath of Allegiance and receives their Identification Certificate (IC), they are deemed to have never lost their Philippine citizenship.
- Rights: Dual citizens can travel using a Philippine passport, stay indefinitely, own land, and practice certain professions reserved for Filipinos, bypassing all Bureau of Immigration requirements applicable to foreigners.
6. Limitations and Compliance
While the Balikbayan Program offers significant flexibility, travelers must remain mindful of the following:
- Employment: The Balikbayan privilege is for tourism and visit purposes. Carrying out gainful employment or engaging in business generally requires a separate Alien Employment Permit (AEP) from the Department of Labor and Employment (DOLE) and a corresponding work visa.
- The "Travel Together" Rule: Foreign spouses and children cannot claim the one-year Balikbayan stay if they arrive in the Philippines separately from the former Filipino/Balikbayan. If traveling alone, they must enter under standard tourist visa rules.
- eTravel Registration: All travelers to the Philippines, regardless of visa status, must register via the government's eTravel portal within 72 hours prior to arrival.