Criminal clearance now required of foreigners ordered to leave

1 Aug 14

PHILIPPINES

IMPACT – MEDIUM

What is the change? The Philippines has issued a new operations order requiring foreigners who have been ordered to leave to provide criminal clearance before they exit.

What does the change mean? Foreign nationals who are under an order to leave must submit a National Bureau of Investigation (NBI) Clearance to prove that they do not have outstanding criminal penalties and are not required to appear in court before they leave the country.

  • Implementation timeframe: Immediate.
  • Visas/permits affected: All visas and permits.
  • Who is affected: Foreign nationals under an order to leave.
  • Impact on processing times: If the applicant does not have a criminal record, the NBI Clearance may be obtained the same day.

Background: The Philippines Bureau of Immigration announced the change in Operations Order No. SBM-2014-030 on July 7. The BI has been recently cracking down on 47(a)(2) visa extensions and changes of status.

The new requirement applies for all orders to leave, including those for expired 47(a)(2) visas, disallowed downgrading of visas, overstays and deportation complaints.

BAL Analysis: Foreign workers who are ordered to leave should be aware of this new rule and allow extra time to fulfill this new documentary requirement.

This alert has been provided by the BAL Global Practice group and our network provider located in the Philippines. For additional information, please contact your BAL attorney.

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