What Happens if You Overstay in the Philippines? Penalties, Blacklists, (2024)

Overstaying less than 6 months

The situation is relatively easy if you overstay your visa by less than 6 months. Still, it would be best if you immediately headed to a Bureau of Immigration office and simply paid the fines associated with the overstay. Depending on the length of your overstay, the penalties may be minimal. You may also need to pay the visa extension fees that you have missed.

Overstaying more than 6 months

The procedure and penalty if you overstay a visa in the Philippines by more than 6 months are the same as less than the 6-month process above with the added requirement of obtaining an Emigration Clearance Certificate (ECC).

An ECC is valid for one year and costs approximately $13 USD / 710 PHP. It takes at least 72 hours to process an ECC, so if you plan on leaving the Philippines after paying your overstay fines, apply for your ECC at least 3 days before your departure date.

The BI officer has the right to ask you for a sworn written explanation explaining why you overstay your visa. The BI officer may ask for documentation supporting your reasoning. Additionally, the Commissioner of the Bureau of Immigration will need to approve your justification.

Overstaying more than 12 month

If your overstay extends over a year, the penalties can start to get serious. While not consistently enforced, overstays of over 12 months can lead to getting kicked out of the country.

Even if you don't get kicked out, the fines and procedural red tape get heavier after overstaying in the Philippines over 12 months. Not only will you need to pay the fees and fines discussed above, but you also have the added requirement of obtaining a National Bureau of Investigation (NBI) clearance certificatebefore settling the penalties with the Bureau of Immigration.

While the certificate cost is minimal (~$3 / 155 PHP), getting an NBI clearance can take one to three weeks.

And your headaches increase if your NBI clearance returns with a "hit" record. All hits must be sorted out before exiting the Philippines. Hits can add several weeks to the process.

Once the NBI clearance is obtained and you've cleared your record, you can proceed to the BI office to pay your overstay fee and fine and receive the Exit Clearance Certificate (ECC).

If you overstay your visa and stay in the country for more than three years, you can be banned from entering the Philippines for life.

Overstaying your visa by more than four years can lead to severe penalties. The BI can bring down the hammer and "blacklist" you. A Blacklist is effectively a permanent ban from entering the Philippines. Per Immigration Memorandum Circular No. SBM 2013-003, foreigners can be banned at the discretion of the BI Commissioner, when

Foreigners who have overstayed for twelve (12) months or less but have been in the country beyond the maximum allowable period... may be included in the Bureau's blacklist upon the discretion of the Commissioner.

Not only will you be required to pay a hefty fine for each month that you have overstayed your visa, but you can also be deported from the country and not be allowed to enter the Philippines again in the future. Deportation applies to 9a tourist visas and foreign nationals entering on visa exemptions and waiver permits.

Furthermore, a hefty fine of approximately PHP4,000 per month will be imposed, which could add up to a considerable sum. In addition to the fines, you may also face other types of penalties such as restrictions on entering the Philippines in the future.

In addition to the extension/ updating fees and other charges, the concerned foreigners shall be required to pay all immigration arrears imposed by Republic Act No. 562, as amended.

The fines for overstaying in the Philippines can vary depending on the length of time you have been in the country. Generally, you must pay all visa extension fees that have not been previously paid, a fine of $9 USD/ 500 PHP per month, and a motion for reconsideration fee of $9 USD / 510 PHP.

The longer you overstay, the more documentation is required, which drives up the financial cost.

Expats who overstay in the Philippines by more than 6 months requires obtaining an ECC before leaving the country

If you are arrested for overstaying, you will likely spend some time in a Bureau of Immigration detention center waiting for trial or summary deportation. The Bureau of Immigration Bicutan Detention Center, also known as Camp Bagong Diwa, is notoriously overcrowded and considered one of SE Asia's worst jails.

Expats detained for overstaying can spend months in Camp Bagong Diwa before getting deported

The Philippine Bureau of Immigration has the discretion to deport and blacklist any foreigner who has overstayed in the Philippines for more than twelve months. A blacklist is a permanent ban from entering the Philippines.

This policy is particularly harsh for foreigners with families in the Philippines to have to leave them behind and risk not being able to see their wife and kids again. However, the policy is in place to ensure that foreigners who break the law and overstay their visas are held accountable.

A blacklist revokes your immigration privileges and your future visa applications will be rejected

Overstaying in the Philippines is considered to be breaking the country's immigration rules and can bring serious consequences. Depending on the circ*mstances and amount of time you have overstayed, you may be fined, charged, and tried as a criminal.

While most overstays result in simple fines, I recommend staying within the terms of your visa and ensuring you comply with the laws of the Philippines.