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  1. What is a Waiver of Exclusion Grounds?

Under Section 29(a) (12) of the Commonwealth Act No. 613 or the Philippine Immigration Act of 1940, children below fifteen (15) years of age who are unaccompanied by or not coming to a parent, are classified as excludable. In order for them to be admitted into the Philippines, they must secure a Waiver of Exclusion Ground (WEG) from the Bureau of Immigration, upon proper coordination with the Department of Foreign Affairs (DFA). They may be allowed admission upon the approval of the Commissioner of the Bureau of Immigration (BI).

 

  1. What are the requirements for WEG application?

For a complete list of documentary requirements for the said application, click here.

 

  1. How do we avoid exclusion before arriving in the Philippines?

To avoid exclusion before arrival at Philippine ports:

  1. The minor’s guardian or legal representative shall, at least 72 hours before arrival, notify the Commissioner of Immigration in writing of intent to travel to the Philippines.

  2. The letter of intent shall include a request for the minor’s waiver of exclusion and the relinquishment of exclusion fees. Copies of the minor’s valid passport, visa (if required), return ticket and invitation from a parent or sponsoring entity shall also be attached.

  3. Finding merit in the request, the Commissioner of Immigration shall issue an Order that waives the minor’s exclusion. The order may also waive the exclusion fees; otherwise, a waiver fee of P3120 shall be imposed. The minor’s guardian or legal representative shall be given copies of this order.

  4. The Commissioner of Immigration shall send a copy of the Order to the Immigration Duty Supervisor (IDS) at the port of entry. This Order shall waive the minor’s exclusion and, if allowed, also the fees’ waiver.

 

  1. Can we avoid exclusion of minors who, without prior notice to the BI Commissioner, arrive at the Philippine ports?

Yes.

  1. The minor’s guardian or legal representative presents copies of the minor’s passport and attaches these to filled-out Waiver of Exclusion (WE) forms obtained from IDS.

  2. After determining that the filled-out WE forms are in order, the IDS shall note “Approved for Payment” and direct the minor’s guardian or legal representative to pay a P3120 waiver fee for each unaccompanied minor. Payment shall be made to an authorized cashier at the port of entry. The cashier shall retain a copy of the WE forms.

  3. After payment, the minor’s guardian or legal representative shall present WE forms’ official receipt of the payments to the IDS. (The IDS shall note the serial number of official receipt and the total receipt’s serial number below the admission stamp and cancelling the receipts.

  4. The IDS shall then direct an Immigration Officer (IO) to admit the minor, after noting the official receipt’s serial number below the admission stamp and cancelling the receipts.

The IO detaches the copy of the WE forms and retains a copy of the minor’s passport, for the Bureau of Immigration’s database.

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