The Affidavit of Support and Guarantee (AOSG) is a crucial legal document in Philippine immigration matters. It is a sworn statement executed by a sponsor, typically a Philippine citizen or permanent resident, who undertakes to provide financial support to a foreign national applicant and guarantees that the latter will not become a public charge on the Philippine government. The affiant also assures compliance with Philippine laws and ensures the foreigner's timely departure or repatriation when required. This document is essential to demonstrate that the visitor or applicant has adequate support and will not burden public resources.
The requirement for an AOSG stems primarily from the Philippine Immigration Act of 1940 (Commonwealth Act No. 613), as amended, and is implemented through various regulations, memoranda, and operational orders issued by the Bureau of Immigration (BI) under the Department of Justice. It is particularly referenced in BI guidelines for visa applications, extensions of stay, change of admission status, and petitions for permanent residency. The underlying principle is to protect the state's interests by ensuring foreign nationals are self-sufficient or properly sponsored during their stay in the country. While not codified in a single statute exclusively for AOSG, it is a standard requirement in BI's visa processing to prevent illegal overstaying and public dependency.
An AOSG is commonly mandated in the following scenarios: applications for extension of temporary visitor's visa (beyond the initial 30 days granted upon arrival for most nationalities); petitions for non-quota immigrant visas, such as the 13(a) visa for spouses of Filipino citizens; applications for student visas (9(f)) where the applicant is sponsored by a local individual rather than an institution; change of status from tourist to other visa categories; certain temporary resident visas or special non-immigrant visas; in some cases, for dependent visas or family reunification; and occasionally, for tourist visa applications at Philippine embassies/consulates abroad if the applicant cannot show sufficient personal funds. It may not be strictly required if the applicant personally demonstrates ample financial resources through bank statements, property ownership, or employment abroad, but BI has discretion to require it.
The affiant or guarantor must generally be a Filipino citizen, or a foreign national holding a valid Permanent Resident Visa (e.g., 13(g) or similar) with an Immigrant Certificate of Registration (ICR) or Alien Certificate of Registration (ACR) I-Card. The sponsor should preferably have a close relationship with the applicant (spouse, parent, child, sibling, or relative), though in practice, close friends or business associates may be accepted if they can prove strong ties and sufficient financial capacity. The affiant must be of legal age, of sound mind, and possess adequate financial means to support the applicant (and accompanying family members) without reliance on public funds. BI evaluates the affiant's income, assets, and ability to fulfill the guarantee.
A valid AOSG should include the following elements: full name, age, civil status, address, contact details, and citizenship/residency status of the affiant; full details of the foreign national (beneficiary/applicant), including passport number, nationality, and purpose of stay; nature of the relationship between affiant and applicant (e.g., spouse, parent); explicit undertaking to provide financial support covering accommodation, food, transportation, medical expenses, and other necessities during the stay; guarantee that the applicant will not become a public charge and will abide by all Philippine laws and immigration regulations; commitment to shoulder repatriation or deportation costs if the applicant overstays or violates terms; statement that the affiant is willing to be bound by the terms and accepts liability; date and place of execution; and signature of the affiant, and notarization by a duly authorized notary public. The language is typically English, and it must be clear, unequivocal, and sworn under oath.
To substantiate the claims in the AOSG, the following documents are usually required to accompany the affidavit: proof of relationship (if applicable), such as Marriage Certificate, Birth Certificate, or other documentary evidence authenticated by the Philippine Statistics Authority (PSA); proof of financial capacity of the affiant, including latest Income Tax Return (ITR) filed with the Bureau of Internal Revenue (BIR), or Certificate of Withholding Tax on Compensation (BIR Form 2316), Certificate of Employment with salary details, or payslips, bank certification or recent bank statements showing sufficient deposits and balances, proof of real property ownership (e.g., Transfer Certificate of Title) or other assets, and if self-employed or business owner, business permits, DTI/SEC registration, latest audited financial statements, and income tax returns; valid identification of the affiant (e.g., Philippine Passport, Driver's License, or government-issued ID); for permanent resident aliens, copy of ACR I-Card or ICR; passport copy of the applicant; and in some cases, an Affidavit of Support executed by the applicant themselves if they have personal funds. All foreign documents may need authentication via Apostille or Philippine consular legalization if executed abroad.
The procedure for obtaining and submitting the AOSG begins with drafting the AOSG using standard templates available from BI or legal service providers, ensuring it is tailored to the specific visa type. Next, gather all supporting documentary requirements. The affiant then signs the document in the presence of a notary public; notarization can be done at any authorized notary, law firm, or sometimes at BI offices which have notarial services. If the AOSG is executed outside the Philippines, it must typically be authenticated by the nearest Philippine Embassy or Consulate (red ribbon or Apostille depending on country). Submit the notarized AOSG together with the supporting documents as part of the complete visa application or extension petition to the Bureau of Immigration. Submissions are made at the BI Main Office in Intramuros, Manila, or authorized BI field/extension offices nationwide, or through accredited travel agencies/lawyers in some cases. Pay any applicable notarization fees (usually minimal) and BI processing fees (separate from AOSG itself). Undergo BI evaluation, which may include interviews to verify the genuineness of the support. Processing times vary from days to weeks depending on the application type and BI workload. BI may request additional documents or clarifications.
The AOSG is generally valid for the duration of the approved visa or stay period it supports. A new or updated AOSG may be required for extensions of stay. It is not a one-time document for indefinite use. The guarantee is personal to the affiant, and in cases of death or incapacity of the sponsor, a substitute may need to be provided.
False statements or failure to fulfill the guarantee can lead to denial of the visa application, revocation of approved visa, deportation of the foreign national, potential administrative or criminal liability for the affiant (e.g., for fraud or misrepresentation), and blacklisting from future sponsorships.
In special cases involving minors, the AOSG is often executed by parents or legal guardians. One AOSG can cover family members if explicitly stated with details of all covered individuals. For student visas, schools or universities may provide their own equivalent guarantees, sometimes in lieu of or in addition to individual AOSG. Institutional sponsors follow similar documentary standards but emphasize institutional financial capacity.
The AOSG serves as a foundational requirement in Philippine immigration to balance facilitation of legitimate travel with protection of national interests. Its proper execution and supporting evidence directly influence the success of visa applications and extensions.