# A COVID pickle - Advice needed.



## MikeyBee (Aug 7, 2021)

So, I am a British citizen that has lived in the Philippines with my Filipino girlfriend for the last 11 years. During that time, I have stayed purely on tourist visa, extending, and leaving and returning to the country when required. I am on a tourist visa because my gf was still technically married and we have now only just managed to start her annulment process (long story on that one) and she should be annulled by June next year (all things well). We plan to marry immediately and I can then get a balakbayan.

So, that's just a brief overview.

Now, my three year period stay ended March 6, 2020, and thus I would have had to do my usual visa run to HK, SG, Malaysia or wherever I decided to go. However, COVID occurred right in time - and as you know immigration was closed as it was the start of the pandemic here. So, I overstayed and am still overstaying now 16 months later.

Why have I continued to overstay? Well, I can't really go anywhere on a visa run in Asia and I didn't want to have to pay to fly all the way back to the UK, and then have troubles coming back to my girl. I thought i'd ride it out and hope travel gets back to normal within a year, pay my fines believing they would be sympathetic and not too harsh due to the circumstances. Obviously, that didn't happen, and 16 months later, the world is still in chaos due to this pandemic.

Now, I see that Phuket and some Thai Islands have relaxed travel restrictions. They allow fully vaccinated travellers to travel there as long as they have had full vaccination (I've had my first jab of AstraZeneca with the second due on 22nd of Sept), health insurance up to 100k which covers COVID (costs about 10 quid for a 2-3 trip), and proof of booking at a SHA+1 hotel for my stay. Plus tests no more than 3 days before travel blah blah.

Now, as I have to be vaccinated at least 14 days before travel, it means I could do this run on the 7th of October - by which point I'm even longer overstayed - more than a year and a half in fact. 

So, now I am worried about whether they will let me come back, ban me for a while etc, for overstaying so long. 

So questions:

1. If I went to BOI in Manilla (where i usually go), would they force me to depart even during the pandemic?
2. Would they force me to go home to the UK if I could not go anywhere else?
3. Are they sympathetic with cases like this?
4. Would I just have to pay fees, fines etc, fly to Phuket, and be able to come back as planned?
5. Or would they ban me from returning?

I know I would have to quarantine probably when returning for 14 days at a hotel - I'm fine with that, I just want to be able to return.

Bit worried guys - I have nothing in the UK to go back to.


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## Gary D (Oct 28, 2013)

As things are currently you could not return. Do you have any children, it could help you return but it would be a gamble and at a minimum time consuming.


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## MikeyBee (Aug 7, 2021)

Gary D said:


> As things are currently you could not return. Do you have any children, it could help you return but it would be a gamble and at a minimum time consuming.


Not yet, unfortunately.

Yes, as of now I know I cannot return - was hoping by October things might change. 

I don't know whether to go to the BOI or not, but the longer this goes on the longer I overstay. I just don't want to be forced to fly back to the UK and get stuck there.


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## Shadowman (Apr 20, 2020)

MikeyBee said:


> We plan to marry immediately and I can then get a balakbayan.


What's the procedure for getting that, don't you need to leave the country with your wife, and then return with her?


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## MikeyBee (Aug 7, 2021)

Shadowman said:


> What's the procedure for getting that, don't you need to leave the country with your wife, and then return with her?


Believe so, yes. As I said though, her annulment probably won't come through until June next year. So that's a 2022 problem, more worried about this year. Unless you're suggesting I overstay until I get married?


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## Hey_Joe (Sep 13, 2016)

This is the current BI overstay guidance but it does not apply to 9a tourist visa - SOURCE: https://immigration.gov.ph/images/News/2021_Yr/07_Jul/2021Jul09_Press.pdf

Australia is advising this for over stayers - SOURCE: Overstaying the visa in the Philippines

I believe you should consult an Attorney because your overstay situation is pretty serious.

Here is a link to Philippine Lawyers posted on The US Embassy Manila's website. I suggest you contact an Attorney who handles immigration issues. SOURCE: https://ph.usembassy.gov/wp-content/uploads/sites/82/List-of-Attorneys-December-2018.pdf


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## bigpearl (Jan 24, 2016)

Exactly why I'm looking at the SRRV program unfortunately with 18 months left on my visitor visa. Decisions decisions.

Have you looked at this option relative to your overstay or is it totally nasty?

BTW welcome to the forum and good luck with the overstay.

Cheers, Steve.


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## Gary D (Oct 28, 2013)

The as I see it the the op is not stranded here, he can return to the UK anytime he wants. He is not prevented from entering the UK and there are flights to the UK. We got stuck in the UK for 10 months and just had wait it out until the conditions changed allowing us to return.


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## MikeyBee (Aug 7, 2021)

bigpearl said:


> Exactly why I'm looking at the SRRV program unfortunately with 18 months left on my visitor visa. Decisions decisions.
> 
> Have you looked at this option relative to your overstay or is it totally nasty?
> 
> ...


No not looked at that option.

Just the timing could not have been worse for me in this pandemic. Literally, I went as normal on January, extended for 2 months to bring me right to the end of my stay on March 6,2020. Plan was to do my usual visa run to reset my 3 years and start over a week or two before that date. Of course, this was the time the pandemic struck, so couldn't do the run, immigration was closed down, lockdowns galore and 16 months later, here I am.


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## MikeyBee (Aug 7, 2021)

Hey_Joe said:


> This is the current BI overstay guidance but it does not apply to 9a tourist visa - SOURCE: https://immigration.gov.ph/images/News/2021_Yr/07_Jul/2021Jul09_Press.pdf
> 
> Australia is advising this for over stayers - SOURCE: Overstaying the visa in the Philippines
> 
> ...


Thanks - think ill take your advice.


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## bigpearl (Jan 24, 2016)

Pickle is a good word for it Mikey. I will say though that from my knowledge the lockdown/border closures took affect on the 15th of March 2020. I flew back in on the 14th with 2 nights booked at our regular hotel, better half drove 6 hours to meet me there, shopping etc. Hotel management advised us of the lockdowns coming at midnight so we fled Manila.
only to be met with 2 weeks quarantine when we arrived home in Bacnotan at 4 am,,,,,,, how our local Capitan knew we came back from Manila is a mystery as he is not that clever,,,,,,,, I thought.

My understanding is that you could have done your visa run in early march 2020 before the midnight lockdown on the 15th. and the clock started again, much like my situation but I'm looking ahead as I doubt border entry visitor visas will be opened up for a long time especially with the new delta variant and who knows what else will follow. 
I am not prepared to leave the country in 18 months and risk a non return hence the SRRV that yes costs money but is my only option if this pandemic continues. If we could marry that would be easy but a more expensive alternative.

Have you looked at quota visas?

Gods speed with an answer for your situation and BTW a late welcome to the forum.

Cheers, Steve.


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## Tukaram (Dec 18, 2014)

You need to talk to someone at BI. Or an immigration lawyer. Overstaying more than a year generally gets you blacklisted. Not sure if they will cut you any slack for covid. I would think not...


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## M.C.A. (Feb 24, 2013)

MikeyBee said:


> So, I am a British citizen that has lived in the Philippines with my Filipino girlfriend for the last 11 years. During that time, I have stayed purely on tourist visa. of booking at a SHA+1 hotel for my stay. Plus tests no more than 3 days before travel blah blah.
> 
> Now, as I have to be vaccinated at least 14 days before travel, it means I could do this run on the 7th of October - by which point I'm even longer overstayed - more than a year and a half in fact.
> 
> ...


You will not get back in if you leave and probably Black listed and your concerns about having to return to the UK are probably real, plus the uncertainty of these vaccinations and this dreaded Covid virus the way it mutates, lack of vaccines.

I'm not so sure it's a good idea to just go directly to the PBI, you need a Lawyer to do the talking (Someone the PBI is familar with) for you and someone that is accredited by the Philippine Bureau of Immigration: PBI accredited Law Offices

Link found on the PBI website bottom area of the page PBI Official website

But good for you MikeyBee and Welcome to the forum, hope to hear how this turns out... you stayed with your partner and didn't get locked out like so many others, here's hoping things will turn out okay.


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## art1946 (Nov 30, 2017)

Hey Mickey,

I am with M.C.A about talking to an immigration lawyer. First check their credentials out. See how successful they are there. You don't want an attorney that is not good. Your overstay is very serious. they could blacklist you and that means you could never come back. I would not talk to the Immigration office. Secure an attorney.

god luck

art


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## DonAndAbby (Jan 7, 2013)

MikeyBee said:


> we have now only just managed to start her annulment process (long story on that one) and she should be annulled by June next year (all things well). We plan to marry immediately and I can then get a balakbayan.


If you have just started on the annulment process, next June is very optimistic. My wife's took over three years and that was relatively quick.


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## LemSaDipolog (Nov 18, 2020)

Mikey

IF you had contacted immigration they have been announcing amnesty, extreme leniency, and flexibility for people that were stuck here and expiring Visas. I would RUN to the nearest BI and lay my cards on the table and beg for mercy. NOW.

Respectfully


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## fmartin_gila (May 15, 2011)

DonAndAbby said:


> If you have just started on the annulment process, next June is very optimistic. My wife's took over three years and that was relatively quick.


Yep. My Asawa's sister just got her final papers. Took almost 3 years from the initial filing. This was not contested or any other action to prolong the process. You can search for my post under 'Divorce'.

Fred


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## bigpearl (Jan 24, 2016)

LemSaDipolog said:


> Mikey
> 
> IF you had contacted immigration they have been announcing amnesty, extreme leniency, and flexibility for people that were stuck here and expiring Visas. I would RUN to the nearest BI and lay my cards on the table and beg for mercy. NOW.
> 
> Respectfully


Sounds like good news, do you have a credible source for this info as my local BI office advised me that in 18 months I would have to leave the country unless I paid for a 2 month overstay extension @ 25K+ that will probably be refused from the Manila office though would give me 2 to 4 months grace. Very curious as I'm looking at the SRRV program to continue my stay here as immi don't seem to give a sh*t in San Fernando City La Union.
I can leave any time once jumping through the hoops but from all I have read no chance to return in the foreseeable future,,,,,, could be a year or two, three? Not going to risk it as my home is here in PH.

I have heard all sorts of stories regarding overstays or nearing the 3 year visitor/tourist visa limit but nothing credible. Those that want to stay with a few months remaining, do your homework or face the same problems as the OP.
Overstaying just ads fuel to the fire.

As for amnesties? Leniency? I was 5 days late (after the immi offices shutdowns last year) for my visa renewal. I was not advised even though I registered on their FB page for updates for when the office reopened........... 5 days late? During a pandemic cost me thousands of pesos because I didn't roll up on the un advertised date that they reopened and bite your tongue Steve, pay the fine and move on. 
Amnesties? Lieniency? Foriegner? Let's not go there, my point to the OP/yourself was that there was ample time to exit and return to the country to restart the visitor/tourist visa before the visa expired (according to the initial post) when the 3 year visitor visa expired on the 6th of March 2020. Lockdown was on the 15th.
The OP stated that his visa expired on the 6th of March 2020 and did nothing. A quick flight to wherever would have ended his woes, my woes coming unless things open up.

Anyway it is what it is and thank the god/s for expat sites as well as personal long term research/experiences.

Back to the OP. Good luck and sincerely hope you find a decent immi attorney, hard to find any decent attorney here from experiences.

OMO.

Cheers, Steve.


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## M.C.A. (Feb 24, 2013)

art1946 said:


> Hey Mickey,
> 
> I am with M.C.A about talking to an immigration lawyer. First check their credentials out. See how successful they are there. You don't want an attorney that is not good. Your overstay is very serious. they could blacklist you and that means you could never come back. I would not talk to the Immigration office. Secure an attorney.
> 
> ...


The link to the website I listed have a roster and contact information of those that are authorized to work for the PBI.


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## M.C.A. (Feb 24, 2013)

LemSaDipolog said:


> Mikey
> 
> IF you had contacted immigration they have been announcing amnesty, extreme leniency, and flexibility for people that were stuck here and expiring Visas. I would RUN to the nearest BI and lay my cards on the table and beg for mercy. NOW.
> 
> Respectfully


It's at least a 45 day wait in line for an appointment to the Main Branch, PBI Online appointment and then once you get the Main Office of the PBI in Manila I doubt that any of the Bureau Officers would have time to listen to a story they only process your paper work, I don't know if they have anyone inside the building that can help you.

A Satellite Office might have time to listen to your story and get ready for some hefty fee's also.


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## bidrod (Mar 31, 2015)

Being Blacklisted is not the end of the world! You can apply to be removed from the list and allowed to return to the Philippines. It will cost a pretty penny and I recommend using a lawyer. I was blacklisted in Nov 2013 and returned in May 2014. It is my understanding that Blacklisting is for a minimum of 1 year now.

Chuck


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## Hey_Joe (Sep 13, 2016)

LemSaDipolog said:


> Mikey
> 
> IF you had contacted immigration they have been announcing amnesty, extreme leniency, and flexibility for people that were stuck here and expiring Visas. I would RUN to the nearest BI and lay my cards on the table and beg for mercy. NOW.
> 
> Respectfully


Regarding; immigration they have been announcing amnesty, extreme leniency, and flexibility for people that were stuck here and expiring Visas

This is the BI guidance, 9a does not qualify.
SOURCE: https://immigration.gov.ph/images/News/2021_Yr/07_Jul/2021Jul09_Press.pdf

Regarding: RUN to the nearest BI and lay my cards on the table and beg for mercy. NOW.

Expect the BI to follow their laws as written. After reading Memorandum Circular No. SBM-2015-010 you may come to realize the OP needs to consult/retain an Immigration Attorney ASAP, then report to the BI.

Summary deportation proceedings are governed by Memorandum Circular No. SBM-2015-010, otherwise known as the Bureau of Immigration Omnibus Rules of Procedure of 2015 (“MC 2015-010”) which became effective on 09 November 2015.
Pursuant to Rule 9, Sec. 1 of MC 2015-010, summary deportation proceedings shall apply when the foreigner is:

overstaying found by virtue of a complaint or mission order. An overstaying foreigner is one with an expired visa.
SOURCE: Summary Deportation of Foreigners in the Philippines - Law Firm in Metro Manila, Philippines | Corporate, Family, IP law, and Litigation Lawyers
and
https://immigration.gov.ph/images/MemorandumCircular/2016_May/MC_SBM-2015-010.pdf

For the OP; SA IMMIGRATION MAGSUMBONG” Program as far as I know is still in effect.

REWARDS AND INCENTIVE TO REPORT ILLEGAL FOREIGN NATIONALS PROGRAM granting monetary incentive to any person who shall report to the BI any overstaying foreign national, herein after referred to as the ”SA IMMIGRATION MAGSUMBONG” Program
SOURCE: https://immigration.gov.ph/images/MemorandumCircular/Oct2014/MC NO. SBM 2014-017.pdf


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## Hey_Joe (Sep 13, 2016)

bigpearl said:


> Exactly why I'm looking at the SRRV program unfortunately with 18 months left on my visitor visa. Decisions decisions.


I discovered something that may interest you. Go to Youtube and enter - motion for reconsideration Philippine immigration

It applies to those who need to extend beyond their 24/36 month 9a while processing 13a, SRRV, etc. 

SOURCE: Motion for Reconsideration on Updating and Extension of Authorized Stay


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## Hey_Joe (Sep 13, 2016)

bidrod said:


> Being Blacklisted is not the end of the world! You can apply to be removed from the list and allowed to return to the Philippines. It will cost a pretty penny and I recommend using a lawyer. I was blacklisted in Nov 2013 and returned in May 2014. It is my understanding that Blacklisting is for a minimum of 1 year now.
> 
> Chuck


Periods for Lifting Blacklist
SOURCE: https://immigration.gov.ph/images/ImmiAdminCircular/AdminCircularNO. SBM-2014-001.pdf


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## M.C.A. (Feb 24, 2013)

bidrod said:


> Being Blacklisted is not the end of the world! You can apply to be removed from the list and allowed to return to the Philippines. It will cost a pretty penny and I recommend using a lawyer. I was blacklisted in Nov 2013 and returned in May 2014. It is my understanding that Blacklisting is for a minimum of 1 year now.
> 
> Chuck


Chuck, I remember your comments here's a link from 2015 and this might be a huge wake up call for those that are curious about the costs/incarceration if you are Black Listed.  Tourist Visa vs Visa Waiver

And then I remember you mentioned that you were going to sue that travel agency, has that happened?


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## bidrod (Mar 31, 2015)

M.C.A. said:


> Chuck, I remember your comments here's a link from 2015 and this might be a huge wake up call for those that are curious about the costs/incarceration if you are Black Listed.  Tourist Visa vs Visa Waiver
> 
> And then I remember you mentioned that you were going to sue that travel agency, has that happened?


Sued the travel agency upon my return in 2014 have never heard anything from the court. Owner might be a desendent of the 1st President of Philippines. 
Chuck


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## Lunkan (Aug 28, 2020)

bidrod said:


> Sued the travel agency upon my return in 2014 have never heard anything from the court.


 That is SHORT time in Phil courts messure 
(But "Small claims court" is faster but max I believe 200 000 pesos.)

((I thought of sueing a couple, who made I lost time (=delayed earning) and burning my patience  by adding an idiotic demand when we had an agreementl allready, just to BLOCK them from selling in 10 years or so  any of the properties they were selling, byI expected slow justice system wouldnt bring it up in 10 years. Just to hit them, because they thought they can break deals as they want, but I skiped it, but I avent told them that, Their involved relatives are scared still they can be put in jail. I have never had any intention to sue the RELATIVES, but I let them swet a while more  because they didnt work hard enough toi influence their idiotic relatives to stop their ridicilous added demand.


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## bigpearl (Jan 24, 2016)

Hey_Joe said:


> I discovered something that may interest you. Go to Youtube and enter - motion for reconsideration Philippine immigration
> 
> It applies to those who need to extend beyond their 24/36 month 9a while processing 13a, SRRV, etc.
> 
> SOURCE: Motion for Reconsideration on Updating and Extension of Authorized Stay


Thanks Joe, have read that some time ago, did ask my local office re extensions, not worth the head aches and cost.
I don't have to leave PH until mid March 2023, so 18 months. When I get down to 6 months if things don't open up I will go the SRRV route.
I don't want to or need to draw a pension from my super fund but will if push comes to shove so I only tie up US 10K never to be seen again.
Fingers crossed things open up in the next 12 months or onto plan B with the PRA.

Cheers, Steve.


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## bigpearl (Jan 24, 2016)

M.C.A. said:


> Chuck, I remember your comments here's a link from 2015 and this might be a huge wake up call for those that are curious about the costs/incarceration if you are Black Listed.  Tourist Visa vs Visa Waiver
> 
> And then I remember you mentioned that you were going to sue that travel agency, has that happened?


I'm sorry to hear you were put through those problems Chuck, Happy to hear you got through the problem and a great learning curve for others.

Cheers, Steve.


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## Tyrion Lannister (Aug 22, 2021)

MikeyBee, I have just asked a guy who deals with BI head office regularly and has helped me before. His advice is to file a Motion for Reconsideration (MR) through a BI approved attorney shown in the the link from MCA's post above.

Not sure that I can PM so if you want his info, please PM me.


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