OFFLOADING OR DEFFERED DEPATURE IN THE PHILIPPINES

Offloading" in the context of immigration and travel in the Philippines refers to a situation where a person is prevented from leaving the country by immigration authorities. This typically happens when there are concerns about the traveler's eligibility or compliance with immigration rules.

For instance, travelers may be "offloaded" if they are unable to present required documents, such as a valid visa, return ticket, or proof of financial capability. Immigration officials assess these factors to ensure that individuals leaving the country are doing so for legitimate reasons and are likely to return.

It's important for travelers to ensure they have all the necessary documents and meet the immigration requirements to avoid offloading situations at the airport or port of departure. If someone is offloaded, they usually need to address the issues raised by immigration authorities before attempting to travel again.

Is the power to defer departure a curtailment of the Filipino guaranteed constitutional right to travel?

The right to travel of a Filipino is not absolute. Section 6, Article III of the 1987 Constitution guarantees the right to travel of every citizen, however, it may only be impaired for the interest of national security, public safety or public health, as may be provided by law.

What is the basis of the exercise of power to defer departure?

The BI is mandated to administer and enforces the immigration, citizenship and alien registration laws of the Philippines. It also plays a role in the enforcement of R.A. 10364 also known as the Expanded Anti-Trafficking in Persons Act of 2012. The BI shall adopt measures for the apprehension of suspected traffickers both at the place of arrival and departure After months of planning to travel internationally, only to be denied boarding your plane. The horror stories being shared in social medias on how the excited travelers are being offloaded, make others nervous of their upcoming trips. Below you can read some suggestions on how to avoid being offloaded.

HOW TO AVOID BEING OFFLOADED: Some suggestions from Philippine Consulate in Macau

The Philippines’ Bureau of Immigration strictly monitors the movement of Philippine citizens in an effort to stop or minimize the problem on HUMAN TRAFFICKING. Make sure that you are well-informed before you travel. Read the following advice:

1) Know the real purpose of your travel

You will be asked by the Immigration officer the reason for your travel abroad. Immigration officers may stop you from leaving the country.

2) Prove that you are going to your destination country for the PURPOSE that you are making the trip. You may be refused exit if you give CONTRADICTORY statements.

If you are travelling as a tourist, show proof that you are financially capable to complete your travel from the Philippines and back.

Some of these proofs include bank statements, business ownership, gainful employment, place of accommodation or confirmed hotel bookings, proof of income (i.e., income tax return), and enough spending cash or credit card.

• Make sure you have a return ticket with the date of your return. The return ticket should not bear a date that far exceeds your contemplated length of stay abroad.

• Make sure that you have a clear travel itinerary.

• Dress appropriately for travel. You can be questioned on the basis of your appearance. Profiling is STANDARD in immigration checks worldwide.

• Answer the questions of immigration officers convincingly.

3) If you are a CONTRACT WORKER, make sure that you have with you your Overseas Employment Certificate (OEC) obtained from the Philippine Overseas Employment Agency or Philippine foreign service posts.

4) If you are travelling dependent on financial support from another person, organization, or company, make sure you have the appropriate Affidavit if Support and Guarantee including Invitation Letter/s from the legitimate/relative SPONSOR at the country of destination, duly authenticated by the Philippine Consulate in the country of your destination.

• Make sure that you know what is written in the Affidavit, including the name of the person, organization, or company that is inviting you. You will be interviewed by immigration officers on the basis of the document that you present.

• The Affidavit of Support and Guarantee is NOT a 100% GUARANTEE for you to be allowed exit from the country; it is a supporting document that strengthens your claim to legitimate travel.

• Know the contact details (i.e., address and telephone numbers) of your sponsors.

5) If you are travelling while you are EMPLOYED in the Philippines, it would help to have the following documents with you:

• Certificate of employment stating your designation in the company, your salary, and the inclusive dates of your travel approved by the company. Bring your company ID.

• If you are a government employee travelling on private capacity, make sure you have an employment certificate, your ID, and approved Leave of Absence from your agency. If travelling on official capacity, make sure you have the appropriate Authority to Travel, including your itinerary.

6) Make sure that your passport is valid at least six months from the date of your departure from the Philippines.

7) Make sure that the visa in your passport is VALID and agrees with your purpose of travel.

8) Know your travel history. Immigration officers may refuse you exit on the basis of questionable travel history (or lack thereof).

Report any attempt of extortion in exchange of clearance at immigration. This extortion in itself is a form of human trafficking. Put your complaint in writing, specyfying the circumstance, date, time, immigration counter and name of immigration officer or airport personnel involved. You may bring your complaint directly to the Bureau of Immigration or have your letter endorsed by the Philippine Consulate to the Bureau.

THE BUREAU OF IMMIGRATION MAY BE CONTACTED THROUGH THE FOLLOWING:

Office of the Commissioner

2nd Floor, Bureau of Immigration Bldg.

Magallanes Drive, Intramuros Manila

Email: immigPH@gmail.com, binoc_immigration@hotmail.ph, immigration.helpline.ph@gmail.com

Landline: +632 8465-2400, +632 8524-3769

Facebook: immigration.helpline.ph, officialbureauofimmmigration

Twitter: @immigrationPH

Website: www.immigration.gov.ph