IMMIGRATION ISSUES AND CONCERNS May 14, 2012, Marlim Mansions Hotel Guest: Atty. Carlos Capulong Head, Immigration - PowerPoint PPT Presentation

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IMMIGRATION ISSUES AND CONCERNS May 14, 2012, Marlim Mansions Hotel Guest: Atty. Carlos Capulong Head, Immigration

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Title: IMMIGRATION ISSUES AND CONCERNS May 14, 2012, Marlim Mansions Hotel Guest: Atty. Carlos Capulong Head, Immigration


1
IMMIGRATION ISSUES AND CONCERNSMay 14, 2012,
Marlim Mansions HotelGuest Atty. Carlos
CapulongHead, Immigration DMIASponsor
Department of TourismRegion III
2
  • Under the law, all contract workers are to show
    overseas employment certificate from POEA. BUT if
    an individual is on a VISIT or FIANCEE /
    DEPENDENT / SPOUSE status (or training, foreign
    residence, student and business), he or she is
    required to register with the Commission on
    Filipino Overseas and attend a 2-hour
    pre-departure orientation / guidance and
    counseling seminar. This is meant to protect
    Filipinos from threats like human trafficking,
    from potential abuse, etc). Primary and Secondary
    inspection. http//immigration.gov.ph/index.php
    ?optioncom_contenttaskviewid239Itemid37 h
    ttp//www.cfo.gov.ph/pdos.htm

3
  • IN GENERAL, FILIPINOS TRAVELING ABROAD NEED ONLY
    TO PRESENT THE FOLLOWING DOCUMENTS
  •     Valid passport at least 6 months  
     Valid Original visa for port of entry( when
    required) and    For tourists, a return
    ticket. (Memorandum Order No. MCL 07 -019
    issued on October 24, 2007).

4
  • V.    Requirements for Filipino emigrants as
    required by the Commission on Filipino Overseas
    (CFO).
  • They are required to register with the Commission
    on Filipinos Overseas (CFO).
  • They are required to attend in the Pre-Departure
    Orientation Seminar (PDOS) to prepare them for
    settlement overseas.
  • The children of emigrants aged 12 years old and
    below are exempt from attending the PDOS but must
    be registered even by proxy.
  • The children of emigrants aged 13 and above are
    required to attend the Peer Counseling Program to
    help facilitate their adjustment to a new
    environment.

5
  • DOT PRESS STATEMENT..
  • DID YOU KNOW that mere possession of a valid
    passport and/or visa is not an absolute assurance
    of leaving the country? In many cases, passengers
    are refused departure at the Clark airport due to
    the following reasons lack of pre-departure
    clearance from the Commission on Overseas
    Filipinos (CFO) for spouses, fiancé(e)s or
    partners of foreign nationals, or absence of
    evidence of financial capacity to travel for
    tourists. In the first case, one must attend a
    CFO guidance and counseling seminar, get a
    certificate of attendance and CFO sticker prior
    to departure (lacking in these requirements means
    absolute denial by the immigration officer). How
    to do this? One has to go to Manila to attend the
    seminar at Good Shepherd Convent, 1043 Aurora
    Blvd., Quezon City, Phone (632) 913-6439 or Fax
    (632) 913-6438 E-mail smef_cow_at_yahoo.com.ph.

6
  • DOT PRESS STATEMENT.
  • In the second case, if one is traveling on a
    tourist visa, he or she must be ready to present
    evidence of financial capacity to travel (some
    people travel on tourist visa but end up working
    if given the right opportunity). If so, he or she
    must be ready to present an authenticated
    affidavit of support from the person to visit
    abroad. Otherwise, one is courting sure denial at
    the departure terminal. Examples of evidence of
    capacity to travel would include mayors permit,
    bank certificates, business name certificate,
    etc. Be ready with these documents upon demand
    by the immigration officer.

7
  • CFO SEMINAR
  • In these seminars, various topics are discussed
    such as     Travel regulations  
     Immigration procedures    Cultural
    differences    Settlement concerns  
     Employment and social security concerns and  
     Rights and obligations of Filipino migrants.
  • For further details, please visit the website of
    the Commission on Filipino Overseas at
    http//www.cfo.gov.ph/pdos.htm

8
  • WHAT IS THE BASIS OF ALL THIS OFF-LOADING?

9
  • Pursuant to Republic Act No. 9208, otherwise
    known as the Anti-Trafficking in Persons Act of
    2003, otherwise known as the Migrant Workers
    and Overseas Filipinos Act of 1995, the
    following guidelines, providing for definite
    parameters in the strict enforcement of
    immigration departure formalities intended for
    the prevention of trafficking in persons, illegal
    recruitment, and other related offenses, are
    hereby promulgated for strict implementation/compl
    iance by all concerned

10
  • I. TOURIST TRAVELERS
  •        A traveler intending to go abroad with a
    tourist/temporary visitors visa shall be
    subjected to
  • 1. Primary Inspection
  •        During primary inspection, the following
    documents shall be required from a traveler
  • a)  Passport
  • b)  Visa when required
  • c)  Roundtrip Ticket

11
  • 2. Secondary Inspection
  •        2.1 BI shall conduct a secondary
    inspection, when deemed necessary, for the
    purpose of protecting vulnerable victims of human
    trafficking and illegal recruitment and other
    related offenses, through the assessment of the
    following circumstances
  • a)  Age
  • b)  Educational attainment
  • c)  Financial capability to travel
  • i. If not financially capable to travel, an
    authenticated affidavit of support, indicating
    therein the relationship within the 4th civil
    degree of consanguinity or affinity, together
    with the supporting documents, may be
    entertained and
  • ii. An affidavit of undertaking/ guaranty may
    likewise be entertained.
  •        2.2 Any passenger/traveler who will be
    subjected for secondary inspection shall be
    required to accomplish the Bureau of Immigration
    Border Control Questionnaire (BCQ) to be
    furnished by the Immigration Officer.

12
  •        2.3 However, the following shall
    automatically be subjected to secondary
    inspection
  • a) Travelers without financial capacity to travel
    escorted/accompanied by a foreigner who is not
    related
  • b) Minor traveling alone or unaccompanied by
    either parent or legal guardian without the
    required travel clearance from the Department of
    Social Welfare and Development (DSWD)
  • c) Repatriated irregular workers, in which case,
    travel may not be allowed without the clearance
    from the IACAT (generate data)
  • d) Partners and spouses of foreign nationals
    intending to depart to meet and/or marry his/her
    fiancé without the CFO Guidance and Counseling
    Certificate
  • e) Passengers traveling to counties with existing
    deployment bans, alert levels and travel
    advisories and those in possession of a visas to
    the said countries and
  • f) Passengers who stayed abroad for more than one
    (1) year during a previous departure from the
    country as a tourist/temporary visitor, intending
    to depart for the second and/or subsequent time.
  •        2.4 Clarificatory questions may be
    propounded relating to the above-mentioned
    documents/purpose by the Bureau of
    Immigration.       2.5 A traveler found to be
    misrepresenting the purpose of his/her travel as
    tourist shall not be cleared for departure.

13
  • WHAT PEOPLE SAY

14
  • Bottom line - The agents at Clark cannot use
    common sense and they are all on power trips.
     This requirement to go to Manila for a seminar
    is absolutely ridiculous. They are not getting
    married, they are not OFWs, they are Filipino
    citizens with passports. JD

15
  • He had gone through Immigration but they held his
    girlfriend.  When the guy went with her and sat
    next to her he was told that he could not sit
    there.  After five minutes or so, she came out
    and said they refused to let her fly.  
  • The reasons, one at a time were
  • She has nothing to prove she is coming back.
  • She has no income, how will she pay?  American -
    We have lived together for five years, I support
    her, she has money from me, I am responsible for
    her.
  • She is from the province, not well educated, you
    have uniforms, she is scared and nervous.  You
    give her harsh third degree - what do you expect?
  • Sorry, she can't go.  American - OK, then give me
    my money back as I am not going either.  Oh Sir,
    you won't go?  No, she is with me and I won't
    leave her.  THEY FINALLY LET HER GO

16
  • Ronnie, I have read the references and still
    feel that the directives are being
    mis-interpreted by the DMIA Immigration officials
    who are full of themselves. Filipina citizens
    simply going on a holiday either with someone or
    by themselves are being abused.  IT IS WRONG! If
    Noy Noy wanted to take his latest hot chick Lee
    to Hong Kong, would she have to get this
    certificate?  Is it a one time certificate or
    must one be obtained for every trip out of
    country?

17
  • I just had an incident at Clark airport with
    immigration yesterday. They refused my girlfriend
    to travel to hong kong despite the fact that she
    was travelling with me and we had a round trip
    ticket. The official asked her a bunch of
    personal questions about how long we have been
    dating, living together, how long have we
    traveled together before, how many times. They
    stamped, signed, and approved her passport but
    when I started asking the guy why he asked her so
    many personal questions he got mad and said she
    was not able to go now and had to do a secondary
    screening. She called me 20 minutes later to tell
    me that they denied her. Obviously I was angry
    having just wasted 450 dollars on the plane
    tickets and also missing a boxing match. When I
    finally got someone to explain what the rationale
    was for denying her they said she didn't have a
    Commission of Filipinos Overseas document called
    Guidance and Counseling.

18
  • I just read your interesting article about CIA
    immigration. It's a common occurrence. I've had
    at least 5 friends whose companions were refused
    boarding. They tried it on me once at Manila, but
    I pulled my diplomatic ID and they backed off.
    Anyway, several years ago, the BI commissioner
    issued a directive stating that 'under the
    Constitution, Filipinos had "the God given right"
    to travel abroad, and could not be stopped if
    they had a valid passport, were of legal age and
    were not traveling to destinations requiring a
    visa for entry. I'll try to find my copy of
    it.I am wondering if this should not be brought
    before the Human Rights Commission. I think
    they'd have a field day with it.

19
  • Maybe the immigration slogan should read "It
    More Fun In The Philippines, Until You Try To
    Leave".

20
  • What happens at the guidance and counseling
    seminar? BDO offers its bldg for free!
  • I asked her a little more detail, and she said
    the first 45 minutes was a BDO talk on opening
    bank accounts and how to transfer money. They
    were able to open accounts at BDO on the spot if
    they wished. The person taking the seminar
    explained that BDO owned the building and gave it
    to them rent free so they were able to sell their
    products. 

21
  • After reading about the unconscionable behaviour
    of Bureau of Immigration staff at CIA in your May
    newsletter, I imagine youve failed to grasp the
    point behind their conduct. Bureau officials are
    in fact doing them a favour. The Bureau of
    Immigration, at the behest of the government, are
    discouraging Filipinas from traveling overseas
    because they have no wish to expose them to well
    governed countries with a functioning, polite
    bureaucracy. Can impressionable young ladies from
    the Philippines be expected to cope with such
    policies as environmentally friendly cities,
    paved roads, functioning and well maintained
    public transport systems, honest taxi drivers, an
    absence of malice and rudeness in public
    servants, competence in government and a lack of
    corruption? I think not. I think these young
    women would be shocked by the efficiency with
    which other countries operate.

22
  •     AFFIDAVIT OF SUPPORT - The immigration people
    refused to talk to me just said  to check their
    web site. As their web site tells you to gain a
     affidavit of support from the Philippine embassy
    in my country (Australia) and on checking the
    embassy has no idea what that is. Staff at
    Philippine embassy in Australia assured me their
    is no problem as long as she has the above
    documents. As for  assurance of support that is
    "not their job" and  they "have no knowledge of
    any such document".

23
  • BI Staffing - Patently stupid operating
    procedure by immigration is the opening of only
    two slots out of the six at the immigration
    counters, be it at the departure or the arrival
    area. It does not take a rocket scientist to see
    the hell of a set-up there given the volume of
    passengers using the Clark airport.

24
  • Imagine if the world finance leaders and the ADB
    Governors will discover the processing chaos at
    Clark Airport which has only two Immigration
    officers to serve over 600 air passengers for the
    day. That is the CIAs black mark.

25
  • PROFILING - Two Filipinas with Resort
    World-Singapore vowed never to return via Clark
    again after their harrowing experience in the
    hands of immigration agents. They claimed they
    were subjected to verbal indignities,
    mis-profiled by the agents as commercial sex
    workers.

26
  • The articulate Australian tourist said it took
    him an hour and a half to go through
    immigration.

27
  • On a business trip to China, Ruperto Cruz,
    chairman of the Pinoy Gumising Ka Movement, the
    prime advocacy group for the full development of
    the CIA, was at the airport past 5 a.m., got
    stymied at the immigration counters and barely
    managed some banter with newsmen at the terminal
    before rushing to his 715 flight.

28
  • OUTRAGEOUS DISGRACE! Phil. Daily Inquirer
    Online

29
  • Luciano has surpassed his expectations of
    increased travelers via Clark. He finds it
    frustrating that the present Clark airport has
    lagged in infrastructure development. His first
    priority is to build a world-class terminal to
    prepare CIA as the alternate Philippine gateway,
    next to the over-congested NAIA.

30
  • STAFFING - There is no plausible reason for
    David to find it difficult to augment his BI
    plantilla and fill up the required number of
    Immigration officers at various airports in the
    country. At BI Clark alone, some l7
    intelligence operatives received remuneration
    from whatever source, why cant the bureau hire
    four more personnel to man the BI counter?
  • This was asked by regular air commuters.

31
  • The passengers he randomly asked about their CIA
    experience were unanimous in denouncing their
    sufferance at the Immigration counter.

32
  • RANDOM INSPECTION - However last time i was in
    Angeles i heard from a couple of guys that their
    girlfriends was refused travel by immigration in
    the same situation as me. The guy was sort of
    considered  some kind of white slaver by
    immigration  and to "protect" the girlfriend she
    was refused permission to travel outside of
    Philippines. From what I understand this is a
    random sort of thing with some having no trouble
    while others are randomly picked out to be
    screwed over.

33
  • RONNIE TIOTUICO ON PROFILING- This issue on the
    so-called "off-loading" has been bothering the
    traveling public. I wrote Commissioner Libanan
    about PROFILING. Commissioner replied by saying
    that it is absolutely legal and justified for any
    BID agent to ban someone from boarding a plane on
    suspicion that the subject tourist is traveling
    for reasons other than doing a tourist bit or has
    no capacity to do so. Under these circumstances,
    the issue on human trafficking or prostitution
    comes to mind. Libanan said that this practice of
    Immigration agents is provided for under the law
    that created the commission. If in the mind of BI
    officer that a passenger is traveling for reason
    other than the intended purpose indicated in
    his/her passport, he or she can be barred from
    leaving the country. In short, it's the law!

34
  • Code of conduct of BI Personnel
  • Rule II
  • SECTION 1. Bureau personnel shall perform and
    discharge their duties with the highest degree of
    honesty, morality, excellence, professionalism,
    intelligence and skill and they shall extend
    prompt, courteous and adequate service to the
    public and shall at all times remain sincere and
    true to their calling as public servants.

35
  • THATS ALL FOLKS!
  • Thanks for dropping by.
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