Immigration Clearance Affidavit (Philippines)

An Immigration Clearance Affidavit in the Philippines records a sworn statement of fact made by the deponent, affirmed before an authorised officer for use as evidence.

The Bureau of Immigration issues several types of orders that may require an Immigration Clearance Affidavit to address: Hold Departure Orders (HDO) issued by Philippine courts under Supreme Court Circular No. 39-97 (as amended), which restrict travel of respondents in criminal cases; Department of Justice (DOJ) Watch-List Orders (WLO) or Allow Departure Orders (ADO) under DOJ Circular No. 41 (2010) applicable to DOJ-handled cases; Immigration Look-Out Bulletins issued by the BI against persons with pending immigration violations; and BI blacklisting orders against foreign nationals and returning Filipinos who have violated immigration laws or conditions of stay abroad.

The Bureau of Immigration Operations Order JHM-2022-003 and related issuances govern the Passenger Primary and Secondary Inspection System at Philippine international airports, under which BI immigration officers screen arriving and departing passengers for immigration violations, trafficking indicators, and compliance with court orders. Passengers who are subjected to secondary inspection — a detailed interview conducted in a separate area of the airport — may be required to execute an Immigration Clearance Affidavit explaining the circumstances that triggered the secondary inspection.

For returning overseas Filipinos who were previously deported from or denied entry to a foreign country, an Immigration Clearance Affidavit addressed to the BI Immigration Commissioner or the BI Legal Division explains the circumstances of the deportation or denial of entry and confirms the Filipino's intent to comply with immigration requirements in future international travel. The BI evaluates such affidavits before lifting any resulting restrictions on the Filipino's travel documents.

The affidavit may also be required from Filipinos who have previous violations of Philippine immigration procedures — use of fraudulent travel documents, failure to comply with BI appearance requirements, or violations of terms of parole or supervised release — seeking clearance to travel abroad again. The BI Legal Division and the BI Commissioner's office have authority to lift restrictions upon satisfaction of conditions including execution of a clearance affidavit, payment of fines, and compliance with outstanding requirements.

An Immigration Clearance Affidavit is needed whenever a Filipino citizen's travel rights have been restricted by the Bureau of Immigration, a Philippine court, or the Department of Justice, and the citizen seeks to restore full travel clearance or to address the circumstances of a prior immigration incident.

An Immigration Clearance Affidavit is needed when a Filipino traveler was previously offloaded (prevented from departing) by BI immigration officers at a Philippine airport and wishes to travel again, needing to explain and address the circumstances of the offloading to BI before the next departure attempt. Offloaded travelers may be placed on BI's monitoring system requiring secondary inspection on future travel.

An Immigration Clearance Affidavit is needed when a Filipino returning from abroad was deported by a foreign country's immigration authorities and returned to the Philippines under deportation orders. The BI may require the returnee to execute a clearance affidavit before their travel documents are cleared for future international travel.

An Immigration Clearance Affidavit is needed when a Filipino holds a Hold Departure Order (HDO) issued by a Philippine court in connection with a pending criminal case and is seeking Leave to Travel from the court, which typically requires an affidavit addressed to the BI and the court explaining the travel necessity and commitment to return and appear at all hearings.

An Immigration Clearance Affidavit is needed when a Filipino was placed under a Department of Justice Watch-List Order and the WLO has since been lifted, but the BI still requires documentation confirming the WLO's removal and the Filipino's immigration clearance status before allowing departure.

An Immigration Clearance Affidavit is needed when a Filipino was previously denied entry or a visa by a foreign country's embassy — for example, a US visa denial — and BI immigration officers question whether the Filipino may be intending to travel without proper authorization. The affidavit clarifies the circumstances of the denial and confirms the Filipino's current travel plan and valid documentation.

An Immigration Clearance Affidavit is needed when a Filipino who previously overstayed a visa in a foreign country is now seeking to travel internationally again and must address BI concerns about immigration compliance history before departure clearance is granted.

Under Philippine law, the Civil Code of the Philippines (Republic Act No. 386) governs contractual obligations. The Revised Corporation Code (Republic Act No. 11232) regulates corporate entities through the Securities and Exchange Commission (SEC). The Labor Code of the Philippines (Presidential Decree No. 442) and Department of Labor and Employment (DOLE) govern employment matters. The Data Privacy Act of 2012 (Republic Act No. 10173) and the National Privacy Commission (NPC) protect personal data. The Bureau of Internal Revenue (BIR) administers tax obligations under the National Internal Revenue Code.

A complete and effective Immigration Clearance Affidavit submitted to the Bureau of Immigration must contain the following elements to be processed efficiently by the BI Legal Division or the Commissioner's Office.

Affiant's Personal Information: Full legal name, date of birth, place of birth, Philippine home address, Philippine passport number (and expiry date), contact number, and tax identification number (TIN) or PhilSys national ID number. The BI cross-references the affiant's personal information against its immigration records, court order databases, and the DOJ Watch-List system.

Travel History Summary: A chronological summary of the affiant's significant international travel — countries visited, dates of entry and exit, visa types used, and current immigration status in any foreign country. This provides BI with context for evaluating the affiant's immigration compliance history and identifying the root cause of any restriction.

Description of the Immigration Incident: A factual, detailed account of the specific immigration incident requiring the clearance affidavit — the offloading event, deportation, visa denial, court order, or other restriction. The description must include dates, locations, the specific BI or foreign immigration officer's actions, and the basis for the restriction as communicated to the affiant.

Explanation and Mitigating Circumstances: The affiant's explanation of why the immigration incident occurred, any mitigating factors, and evidence that the circumstances have been resolved — court clearance, lifted Watch-List Order, payment of fines, or completion of the foreign country's deportation procedures. Supporting documents must be attached (court clearance, DOJ letter lifting WLO, foreign country's deportation papers).

Commitment to Comply: An express undertaking to fully comply with all Philippine immigration laws and regulations, to appear at all required BI hearings or appointments, to depart the Philippines only through authorized ports with proper documentation, and to return to the Philippines on or before the declared return date (for applications for travel authority in HDO cases).

Supporting Documents: Certified true copies of the relevant court order (if HDO-related), the DOJ letter (if WLO-related), the foreign country's deportation papers or denial of entry notice, the affiant's Philippine passport, the NBI Clearance confirming no pending criminal case in the Philippines, and any other document relevant to resolving the immigration restriction.

Notarization: The affidavit must be subscribed and sworn to before a notary public authorized under the 2004 Rules on Notarial Practice or before a BI officer authorized to administer oaths. The notarized affidavit is the official document accepted by the BI Legal Division for processing the immigration clearance request.

Additional compliance elements for a Immigration Clearance Affidavit (Philippines) used in Philippines include: Under Philippine law, the Civil Code of the Philippines (Republic Act No. 386) governs contractual obligations. The Revised Corporation Code (Republic Act No. 11232) regulates corporate entities through the Securities and Exchange Commission (SEC). The Labor Code of the Philippines (Presidential Decree No. 442) and Department of Labor and Employment (DOLE) govern employment matters. The Data Privacy Act of 2012 (Republic Act No. 10173) and the National Privacy Commission (NPC) protect personal data. The Bureau of Internal Revenue (BIR) administers tax obligations under the National Internal Revenue Code. Forms-legal.com provides this template as a starting point for Philippines-compliant documentation.