Updates on Covid-19 Entry Rules in the Philippines for Foreign Nationals

by Atty. Dennis Joseph D. Judan

28 September 2020

[Note: This article is composed of two (2) parts. Part I gives an update on the Covid-19 pandemic rules issued by the Philippine government as these relate specifically to Philippine immigration. Part II discusses how foreign nationals who need to travel to the Philippines can obtain a Travel Ban Exemption (TBE) from the Department of Foreign Affairs (DFA).]

PART I

Update on Covid-19 Regulations Relating to Philippine Immigration

On 19 March 2020 the Department of Foreign Affairs (DFA) issued Foreign Service Circular No. 29-2020 which temporarily suspended the following: [1] issuance of visas by Philippine embassies and consulates abroad to foreign nationals; and [2] visa-free privileges enjoyed by foreign nationals from 157 countries. Foreign spouses and children of Filipino nationals were exempted from this suspension. All visas previously issued by these foreign service posts were deemed cancelled except for: [1] officials of foreign governments and international organizations accredited with the Philippine government; and [2] foreign spouses and children of Filipino nationals.

The next day, the Inter-Agency Task Force for the Management of Emerging Infectious Diseases (IATF-EID or IATF) issued Resolution No. 14 dated 20 March 2020 adopting and reiterating the provisions of DFA Foreign Service Circular No. 29-2020 above as well as setting 22 March 2020 as the date when such restrictions would take effect. The Bureau of Immigration (BI) in turn announced that it would start implementing DFA Foreign Service Circular No. 29-2020 starting on 22 March 2020. 

This policy was tantamount to a total temporary ban on the entry of foreign nationals into the Philippines except for: [1] foreign spouses and children of Filipino nationals; [2] officials of foreign governments and international organizations accredited with the Philippine government; [3] foreign crew members (of ships and aircraft entering the Philippines); and [4] permanent resident visa holders. 

On 16 July 2020, the IATF issued Resolution No. 56 allowing certain foreign nationals to enter the Philippines effective 1 August 2020. These included foreign nationals with long-term visas - specifically immigrant visas issued under Section 13 of Commonwealth Act No. 613, Republic Act No. 7919, Executive Order 324, and native-born foreign nationals. Such entry was however subjected to the following conditions: [1] the foreign national must have a valid and existing visa at the time of entry (and no new application for entry visas would be accepted); [2] the foreign national must pre-book an accredited quarantine facility; [3] the foreign national must pre-book a Covid-19 testing provider; and [4] the maximum capacity of inbound passengers at the Philippine port on the date of entry should be observed. 

On 30 July 2020, the IATF issued Resolution No. 60 which amended IATF Resolution No. 14 dated 20 March 2020. The clause “foreign spouses and children of Filipinos are exempted from the above suspension” was changed to “foreign spouses, minor children including children with special needs, regardless of age, of Filipino nationals as well as foreign parents of minor Filipino nationals including children with special needs, regardless of age, provided they secure or possess the appropriate visas.”

As of this writing, the foregoing narration sums up the current entry rules for foreign nationals who wish to travel to the Philippines.

PART II

Foreign Nationals May Apply for a Travel Ban Exemption (TBE) from the Department of Foreign Affairs (DFA)

Can foreign nationals still travel to the Philippines even if they do not fall under the exempted categories discussed in Part 1 of this article? The answer is a qualified “yes.” Under DFA Foreign Service Circular No. 29-2020 dated 19 March 2020, the Secretary of Foreign Affairs or the Undersecretary for Civilian Security and Consular Concerns MAY exempt, on a case-to-case basis, foreign nationals otherwise covered by the temporary suspension of visa issuances. This has come to be known as the Travel Ban Exemption (TBE). 

Note that the TBE applies only to situations wherein a foreign national seeks to enter the Philippines and does not cover new applications for other types of visas (e.g. working visas) nor work permits. The DFA has not published its criteria for issuing a TBE, which is quite understandable as this gives the DFA maximum flexibility in determining whether specific cases merit the issuance of a TBE. As a matter of actual practice, however, it is possible to glean and describe some of the salient features of this process. 

This author’s observations are set out below.

First, it is the practice of the DFA to refer most TBE applications to one or more of several government agencies for evaluation and possible endorsement. Some TBE applications are handled directly by the DFA, such as those directly endorsed to it by foreign embassies or consulates in the Philippines. TBE applications submitted by a foreign national in his or her personal capacity, rather than by a sponsoring employer or organization, may also be evaluated and decided upon directly by the DFA.

Second, the specific government agency that the DFA refers TBE applications to depends on the reason for the TBE application or the industry in which the foreign national, sponsoring employer or organization operates in. For example, locators of the Philippine Export Zone Authority (PEZA) should course their applications through this body. The Department of Health (DOH) is also an evaluating and endorsing agency. Other government agencies that the DFA may refer TBE applications to or from which it may receive endorsements from include the Department of Labor and Employment (DOLE), the Department of Trade and Industry (DTI), the Department of Tourism (DOT) and the Department of Public Works and Highways (DPWH).

Third, the specific government agency that a TBE application is referred to by the DFA will necessarily have its own set of guidelines and criteria for evaluating whether to endorse such TBE application to the DFA. For example, the PEZA requires that TBE applications be only for “essential and emergency reasons.” Of course, what constitutes an essential or emergency reason is for each PEZA locator to set forth and justify - and for the PEZA to scrutinize and decide upon. The common thread among the guidelines of these government agencies is their perception of the importance and urgency of the need for such foreign national to travel to the Philippines.

Fourth, even assuming the relevant government agency endorses the TBE application to the DFA, the latter is not necessarily bound to issue a TBE as a matter of course. The DFA may still look at other factors, such as the nationality of the foreign national (e.g. whether such foreign national is considered “restricted” or “non-restricted” under Philippine immigration rules and regulations), the current Covid-19 pandemic situation in the place where the foreign national will travel from, whether there are dependents who will accompany the foreign national, etc. before making a decision.

Fifth, if the DFA issues the TBE, the foreign national may still have to go to a specific Philippine embassy or consulate abroad to obtain an entry visa, especially if he or she has no valid and subsisting Philippine visa. If the foreign national already has a valid and subsisting Philippine visa (e.g. an unexpired 9G working visa) stamped on his or her passport, this, along with the TBE, may be sufficient to enter the Philippines. Nevertheless, it is prudent for the foreign national to check with such Philippine embassy or consulate abroad whether an entry visa will still be required. In this sense, the distinction between “non-restricted” (i.e. not required to obtain an entry visa abroad) and “restricted” (i.e. required to obtain an entry visa from a Philippine embassy or consulate abroad) foreign nationals that prevailed before the Covid-19 pandemic travel restrictions were implemented has been rendered, at least in the meantime, moot and academic.

Sixth, if the DFA issues a TBE, it will coordinate with the BI regarding the entry of the foreign national in the Philippines. The foreign national must present a copy of the TBE to the Philippine immigration officer upon arrival at the port of entry. If the foreign national fails to do so it is highly likely that he or she will be denied entry and placed on the next available flight back to his or her country or last port of embarkation. It should be remembered that having a valid and subsisting Philippine visa (e.g. an unexpired 9G working visa) will not be sufficient because the current travel restrictions apply even to such visa holders. It is the TBE itself which creates an exception to this general rule.

Seventh, upon arrival in the Philippines, the foreign national, if allowed entry (as the immigration officer may find other grounds to exclude such foreign national), must still observe current medical protocols put in place by the Philippine government in response to the Covid-19 pandemic. These measures include undergoing Covid-19 testing and being subjected to quarantine for a period of up to fourteen (14) days in an accredited facility. Indeed, these items must be pre-booked prior to the foreign national’s arrival in the Philippines.

Conclusion

The TBE is an exceptional remedy created by the Philippine government to mitigate the effects of what has essentially been a total ban on the entry of foreign nationals into the country since March 2020. Without the TBE, many foreign nationals, their families and sponsoring local companies or organizations would be left without any legal recourse in emergency or otherwise compelling travel situations. Even foreign nationals already in the Philippines who need to travel abroad but plan to come back face considerable uncertainty as to whether they can do so. 

As can be seen from the process outlined above, it is by no means easy to obtain a TBE. And this is as it should be to avoid abuse of the travel ban exemption process. There are also differences in the situations of specific foreign nationals seeking to enter the Philippines as well as the inevitable unforeseen contingencies. But with planning, proper guidance and patience, a TBE can be obtained by qualified applicants within a reasonable time.

About the Author

Atty. Dennis Joseph D. Judan is the Managing Partner of Judan Law Offices, a Philippine law firm which specializes in immigration law and practice. He is also the author of a book entitled Philippine Visas and Work Permits (A Quick Guide to Philippine Immigration). His book is available in all branches of National Book Store (NBS) in the Philippines as well as on amazon.com for those outside the country. Atty. Judan may be reached at [email protected] for consultations, seminars, speaking events as well as Philippine visa and work permit processing services.

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Note:      The author encourages the reader to share the foregoing article in its entirety. If only a portion of the article is shared or quoted, proper attribution to the author should be observed.

Disclaimer:   This article is not meant to constitute legal advice. Rather it provides general information and the opinion of the author on the subject. Should you require legal advice on Philippine immigration you may contact the author as indicated above.