Jump to content

Balikbayan Question


Recommended Posts

A_Simple_Man

Most of us know about foreigners accompanying their spouse on a trip out of the country and back so that they can get the balikbayan visa privilege.  Unfortunately, common law relationships are not acknowledged   So I was wondering if any foreigner has come to the Philippines accompanying his minor/infant child who is a returning filipino.  Could he then get the stamp and has anyone tried.

 

It occurs to me that I might be able to take my son with me on a 'Visa run' and get a stamp when we return.  I was thinking of emailing Philippine immigration with the query but I thought I'd ask here first in case someone has already tried it.

Link to post
Share on other sites
Dolsos

I'm 99% sure the law is written so you can use a child, can't remember where I saw that but I'll check and see if I kept it bookmarked.

 

Now whether its as easy with immigration to get them to stamp it BB on a visa run (which technically doesn't qualify for the stamp) is another story.

 

Who else can avail of the BALIKBAYAN Program?

Family members of the balikbayan can go to the Philippines without having to apply for a visa, provided they are travelling together with the balikbayan, pay immigration fees, and observe and comply with immigration rules and regulations. In addition to showing their foreign passport, a family member must present:

  • Birth Certificate (with English translation), in case of children;
  • Marriage Certificate (with English translation), in case of spouse; and
  • Adoption papers (proof of adoption), in case of legally adopted children.

According to the Bureau of Immigration, the Balikbayan Privilege can be availed of by the foreign member of a balikbayan's family EVERY TIME they enter the Philippines with the balikbayan (former Filipino/dual citizen) AND NOT ONLY ONCE A YEAR.

 

 

Looking at that last line I guess its no longer a requirement for the citizen to stay out for a year to get another bb stamp, so you shouldn't have too much of an issue

Edited by Dolsos
Link to post
Share on other sites
USMC-Retired

Couple of things first the BB program is stretched when someone comes in via a visa run.  That was really not the intent of the program and your spouse has to be out of the country for a year to avail of the service or a naturalized citizen of another country.  However immigration in both Manila and Cebu for years have allowed spouses to avail of the BB program no matter the length they have been out of the country.  Which makes sense as it still tourism dollars that remain here.  

 

So that is the first strike.

 

The BB refers to family members.  Then it goes and defines what are family members.  Spouse and children.  It does not say parents.  

 

So that is second strike

 

Then on page 5 of the reference it states. That the BB must be of majority age.  So they can not be a minor.    

 

That makes strike three.

 

http://www.cfo.gov.ph/pdf/laws%20and%20policies/02%20RA09174%20Amendment%20BL.pdf

  • Like 1
Link to post
Share on other sites
Dolsos

 

Then on page 5 of the reference it states. That the BB must be of majority age.  So they can not be a minor.    

 

Ahh, I never saw the part of majority age.  

That does change quite a bit, i knew it would be alot more iffy then with a wife but didn't see it expressely forbid it.

Link to post
Share on other sites
A_Simple_Man

 

Ahh, I never saw the part of majority age.  

 

That is because a close reading shows that part refers to the "Tax Exempt Purchase Privilege" and not the actual BB visa.  As you mentioned in your first post, the BB privilege was changed such that they don't have to be out of the country for a year.  As no one is saying they have tried it yet, I shall send an email question to the Manila office and see what response I get.

 

 

I'm 99% sure the law is written so you can use a child, can't remember where I saw that but I'll check and see if I kept it bookmarked.

 

If you find that, please post it.

Link to post
Share on other sites
USMC-Retired

"Tax Exempt Purchase Privilege"

 

That is why it becomes so unclear.  Why would they state one of Majority age can not use it?  Then also why are they (those of not majority age) not included in what is is considered family members that can avail of the service.  It will be interesting to see what Manila says.  Yet the order I pulled from the Philippine Government  site does not set the privilege to minors.  

Edited by USMC-Retired
Link to post
Share on other sites
A_Simple_Man

 

Besides that, are you two leaving your wife for over a year? The Balikbayan program requires that the Balikbayan be absent from the Philippines no less than a year.

 

People who state 'facts' without sources are the bane of people who would do something out of the ordinary.  You may be right in 'your opinion' or you may be wrong.  The embassy page is not as clear cut as you paint it.  But if you are the one who makes the rules then please identify yourself so we know you are the Source and not just repeating what you heard.

 

Here is my source:

http://philembassy.ca/home/index.php?option=com_content&view=article&id=100&Itemid=98

 

I am sure I will have a letter of response in short order so I will have a further source to report later.

Link to post
Share on other sites
SkyMan

"Tax Exempt Purchase Privilege"

 

That is why it becomes so unclear.  Why would they state one of Majority age can not use it?  Then also why are they (those of not majority age) not included in what is is considered family members that can avail of the service.  It will be interesting to see what Manila says.  Yet the order I pulled from the Philippine Government  site does not set the privilege to minors.  

I think they are just limiting the TEPP to adults so as to limit it to one or possible two family members but the BB parents entering with 8 BB kids could not get 10 uses of the TEPP.

Link to post
Share on other sites
USMC-Retired

I think they are just limiting the TEPP to adults so as to limit it to one or possible two family members but the BB parents entering with 8 BB kids could not get 10 uses of the TEPP.

Very well never thought of it that way.  The issue is that parents are excluded in the first section that states who can avail of it.  I was thinking that that could be an answer or an oversight in the first section.  Since minors were excluded there but included later.     

Link to post
Share on other sites
Woolf

A foreign parent cannot avail of the derivative Balibayan privileged. Only a spouse or child. 

 

Besides that, are you two leaving your wife for over a year? The Balikbayan program requires that the Balikbayan be absent from the Philippines no less than a year.

 

 

http://www.philippineconsulatela.org/balikbayan.htm

 

 

                The Commissioner of Immigration Andrea D. Domingo

            informed the Department of Foreign Affairs on 4 June 2001 that, “All

            Immigration Officers at authorized ports of entry shall grant the

            benefits and privileges to all Balikbayan

            and former Filipinos included every time they enter the country to

            visit, regardless of their frequent travel”. 

            This means that the above categories of persons could now

            avail of the Balikbayan

            benefits and privileges regardless of

            the number of times they enter the country within a year.

Link to post
Share on other sites
softail

http://www.philippineconsulatela.org/balikbayan.htm

 

 

                The Commissioner of Immigration Andrea D. Domingo

            informed the Department of Foreign Affairs on 4 June 2001 that, “All

            Immigration Officers at authorized ports of entry shall grant the

            benefits and privileges to all Balikbayan

            and former Filipinos included every time they enter the country to

            visit, regardless of their frequent travel”. 

            This means that the above categories of persons could now

            avail of the Balikbayan

            benefits and privileges regardless of

            the number of times they enter the country within a year.

 

"The following categories of persons can avail of the Balikbayan privilege: (a) a Filipino citizen who has been continuously out of the Philippines for a period of at least one (1) year from the date of last departure; ( a Filipino overseas worker (OFW); © a former Filipino citizen who had been naturalized in a foreign country and holds a foreign passport."

   

 

That's what I like about this place, In one paragraph of the document they are talking about having to stay out of the country for one year and in another paragraph in the same document they are saying that you can come and go as you please and receive the stamp every time you you enter the country. Clear as mud.

 

Doug

Edited by softail
  • Like 1
Link to post
Share on other sites
USMC-Retired

 Say for example, an adult Filipino whose parents are both foreigners.  

Now how in the world could that possibly happen.  Since you can only be a Filipino if you were born of Filipino Blood.  You do not get Filipino citizenship because you were born here.  Just wondering how?   Osmosis? 

Link to post
Share on other sites
USMC-Retired

Being born here does not give you the right to be a Filipino.  There would be a lot of americans that are Filipinos because they were born on the base,

 

Also a Filipino Parent is Filipino Blood.  It is  really the only way.  I guess you could be naturalized as a citizen. Which is a joke in its self.  You are full of miss information and keep posting it over and over.  

Edited by USMC-Retired
Link to post
Share on other sites
SkyMan

Your parents may not be Filipino, becasue they lost their citizenship by becoming citizens in other nations that do not recognize multiple nationalities.

They would still be BBs and authorized BB entry.

Or, because they are foreigners and never were Filipinos, nor lived in the Philippines.

So your saying a couple of Scandinavian parents could spontaneously have a Filipino child?  Re you having a boy or girl?  Pinoy.

 

Mutation doesn't work in nationalities. I suppose it's possible they could adopt a Filipino child?  Does that happen?

Soil borns can become Filipinos at age 18. Naturalization can occur over age 21.

I'm not saying you are correct here but in these case they wouldn't be children any more.

Edited by SkyMan
Link to post
Share on other sites
Guest
This topic is now closed to further replies.
×
×
  • Create New...

Important Information

By using this site, you agree to our Terms of Use, Privacy Policy and Guidelines. We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue..