Affidavit of Support for Overseas Travel: Philippine Legal Guide
1. What Is an Affidavit of Support?
An Affidavit of Support (AOS) is a sworn, written declaration in which a sponsor (usually a relative, employer, or host) undertakes to shoulder—wholly or partially—the travel, lodging, living, medical, and, when applicable, repatriation expenses of a Filipino traveler abroad. It is executed under oath before a duly authorized notary public in the Philippines or a Philippine consular officer abroad and carries the weight of evidence under Rule 132 of the Rules of Court.
2. When Is It Required?
Typical scenario | Common requesting authority* | Why it is asked |
---|---|---|
Visa applications (e.g., UAE, Schengen, U.S. tourist) | Foreign embassies / VFS centres | Proof of financial capability and non-immigrant intent |
Departure formalities at the Bureau of Immigration (BI) | BI immigration officers (per Operations Order SBM-2015-025, amended 2021) | To establish that the traveler will not become a public charge or victim of trafficking |
Minor children traveling without both parents | BI & the Department of Social Welfare and Development (DSWD) | Complements or substitutes the DSWD Travel Clearance where a parent abroad guarantees support |
Family-reunification visits, medical escort travel, religious pilgrimages | Foreign posts or BI | Verification of sponsor’s genuine relationship and resources |
*Authorities reserve discretion; always verify current requirements before travel.
3. Governing Legal Framework
- Commonwealth Act 613 (Philippine Immigration Act), §3 and §36 – basis for examining travelers’ admissibility and supporting documents.
- Republic Act 9239 (Notarial Law) and the 2004 Rules on Notarial Practice – authentication of sworn statements in the Philippines.
- RA 9208, as amended by RA 10364 (Anti-Trafficking in Persons Act) – empowers the Inter-Agency Council Against Trafficking (IACAT) to require documents, such as an AOS, to thwart trafficking.
- Family Code of the Philippines, Arts. 209–225 – parental authority and obligations that give context to affidavits for minors.
4. Where—and How—to Obtain One
If the sponsor is… | Where to execute & notarize | Additional steps |
---|---|---|
Residing in the Philippines | Any Philippine notary public with a current Commission. Bring the unsigned affidavit, valid government ID, and proof of income (e.g., latest ITR, certificate of employment). | Have the notarial seal affixed; then proceed to DFA Office of Consular Affairs (Aseana) or a DFA Regional Consular Office for apostille authentication if the document will be used abroad (Sec. 12, DFA Department Circular CFO-2019-011). |
Residing or working abroad | Philippine Embassy/Consulate with notarial jurisdiction over the host country. The sponsor appears, signs before the Consul, and pays consular/“notarial & authentication” fees. | The affidavit is issued with a red-ribbon or apostille equivalent (“Acknowledgment” or “Jurat”). No further DFA authentication is required because the consular seal itself is already recognized under the Vienna Convention on Consular Relations. |
Temporarily in a third country where no Philippine post exists | Notary public of that country plus authentication by its foreign ministry, then send to the nearest Philippine Embassy for authentication or certification. | Upon arrival in the Philippines, submit to the DFA for apostille if still required by the destination state. |
Tip: Many embassies (e.g., UAE, Saudi Arabia) accept only affidavits executed inside the Philippines and subsequently apostilled; always check the checklist of the specific foreign mission.
4.1 Drafting Essentials
- Complete sponsor details – full name, nationality, passport number, address, and relation to the traveler.
- Clear undertaking – specify items to be covered: airfare, accommodation, daily subsistence, medical insurance, emergency repatriation.
- Traveler’s particulars – name, birthday, passport number, and travel purpose.
- Duration & itinerary – inclusive dates and countries to be visited.
- Supporting exhibits – attach proof of financial capacity (bank certificate, payslips, property title) and proof of relationship (birth or marriage certificate).
- Attestation clause & jurat – include a clause that statements were read and understood; sign in front of the notary/consul with ID presentation.
5. Validity Period
- Visa filing: Most foreign missions accept an AOS executed within six (6) months before the application date.
- BI departure screening: Immigration Operations Order SBM-2015-025 does not impose an explicit expiry, but officers commonly rely on affidavits issued within one (1) year.
- Minors’ travel: The DSWD Travel Clearance is valid for up to two (2) years; the accompanying AOS/parental consent should bear a date not older than one (1) year to avoid queries.
6. Fees (Typical 2025 Schedule)
Service | Metro Manila average | Remarks |
---|---|---|
Private notarial acknowledgment | ₱500 – ₱1,000 | Varies by location; provincial rates slightly lower |
DFA apostille (regular) | ₱200 per document | 2–3 working days |
DFA apostille (express) | ₱400 per document | Next-day release |
Consular notarization abroad | US$25 – US$35 | Payable in local currency; rates fixed by DFA’s Foreign Service Circular |
7. Common Pitfalls
- Unsigned or pre-signed affidavits – void for want of personal appearance.
- Un-apostilled documents – foreign posts may reject a notarized affidavit without DFA authentication.
- Mismatch of sponsor income vs. undertaking – may be questioned when the sponsor’s declared salary is obviously insufficient.
- Expired IDs or passports – invalidates the notarial act.
- Failure to bring originals at BI departure – scanned copies are acceptable only if authenticated; originals are safer.
8. Liability and Penalties
- Perjury (Art. 183, Revised Penal Code): imprisonment of up to six (6) years if the affidavit is found false.
- Falsification (Art. 171): imprisonment up to twelve (12) years for forged notarizations or fabricated IDs.
- Administrative sanctions: notary publics and consular officers risk suspension or criminal action for improper notarization (Sec. 1, Rule XI, 2004 Rules on Notarial Practice).
9. Frequently Asked Questions
Q 1: Does an Affidavit of Support replace a bank certificate for visa purposes? A: No. It complements but does not substitute proof of the traveler’s own economic ties unless the embassy expressly allows sponsorship in lieu of personal funds.
Q 2: I executed the affidavit abroad. Do I still need the DFA apostille? A: Not if the Philippine embassy/consulate notarized it. Its consular seal already confers extraterritorial authenticity.
Q 3: Can I use a generic form downloaded online? A: A template is a good starting point, but it must be tailored to the particular embassy/BI checklist, your relationship, and the exact travel dates. Boilerplate wording may be rejected.
Q 4: Is the affidavit enough to prevent off-loading? A: No single document guarantees boarding. BI officers assess the totality of evidence—valid visa, financial capacity, clear purpose, and absence of trafficking red flags.
Q 5: What if my sponsor is a permanent resident abroad but not yet a citizen? A: The affidavit is still valid. Attach the sponsor’s resident ID, visa, or Green Card to prove lawful status and ability to host you.
10. Key Takeaways
- Execute before the right official—a Philippine notary if you’re in the Philippines, a consular officer if you’re abroad.
- Authenticate early—DFA apostille (or the consular seal) boosts universal acceptance.
- Match promises with proof—income or savings to cover the pledged support.
- Present originals at ports of exit and entry—immigration scrutinizes authenticity.
- Stay updated—embassy checklists and BI issuances evolve; verify requirements a few weeks before departure.
With diligent preparation and proper notarization, an Affidavit of Support becomes a persuasive piece of documentary evidence that eases visa approval and exit formalities—ensuring that your overseas journey starts, and ends, on solid legal footing.