My Tib Bit Of Info On The Balikbayan Stamp

[Tom in Texas]

Please help me though with my understanding of your answer as it related to my specific question. That is:

Let's put forward a hypothetical scenario:British guy flies to Philippines & marries his sweetheart. He then returns to the UK to work & she remains here. He returns 3 months later to Hong Kong where his wife joins him for the day and they then fly into Manila together.So, DOES HE GET HIS PASSPORT STAMPED? Was he entitled to get his passport stamped?If the answer is NO - then that confirms that Expats cannot jump out with their wife & back in to get the stamp in less than 12 months. If the answer is Yes, I return to my original question, where is the LEGAL ruling that supports it.

I assume you mean "get it stamped balikbayan for a 12 month visa free entry."As you have framed the hypothetical...The wife is a Filipino citizen who has never been out of the Philippines before her one day visit to Hong Kong...... then she is not a "balikbayan" for purposes of Balikbayan Program under any of the three categories.So, NO... the expat cannot properly avail himself of the visa-free entry as a foreign spouse of a "balikbayan" under your hypothetical.(unless he arranged for her to have a one day job as an OFW in Hong Kong and she claims to be a category (b) balikbayan... which would probably get her arrested and him blacklisted) However, if the facts are changed a bit... and the wife has been out of the PI continuously for a year... and is then residing with her husband anywhere other than the PI... then the husband can hop in and out of the PI visa-free by entering the PI with his balikbayan wife... and do so as often as they wish.The 12 months out of the PI is to establish her initial category ( a ) balikbayan status... there is no time restriction under the present law as to how long she must remain out of the PI between subsequent visits.Tom in Texas

[Art2ro]

Tom, In the first place, I don't really know what the hoopla was all about, but here's what transpired!Definition of a Balikbayan:1The following categories of persons can avail of the Balikbayan privilege:(a) a Filipino citizen who has been continuously out of the Philippines for a period of at least one (1) year from the date of last departure;(b) a Filipino overseas worker (OFW);© a former Filipino citizen who had been naturalized in a foreign country and holds aforeign passport. UZI's post below in question where he has just reworded Category (a) in his scenario to fit his purpose and here's where all the confusion started! It has nothing to do with residence. The definition is - who has been continuously out of the Philippines for a period of at least one (1) year from the date of last departureLet's put forward a hypothetical scenario:British guy flies to Philippines & marries his sweetheart. He then returns to the UK to work & she remains here. He returns 3 months later to Hong Kong where his wife joins him for the day and they then fly into Manila together.So, DOES HE GET HIS PASSPORT STAMPED? Was he entitled to get his passport stamped?If the answer is NO - then that confirms that Expats cannot jump out with their wife & back in to get the stamp in less than 12 months. If the answer is Yes, I return to my original question, where is the LEGAL ruling that supports it. It has nothing to do with the other privileges & benefits such as buying chocolate at duty free prices but more to do with what STEF commented:Quotethe statement about a Filipino citizen only being able to get the stamp again after being out of the country for 1 year is again for there family this is i believe to stop foreign partners /kids being able to live here indefinitely by avoiding BOI fee's by just exiting the country and flying straight back in.UziMy answer to this is as follows: Category (a) said, at least 12 months and not less than 12 months!In the first place, that scenario was best intended for the Category below! Yes they can get the BB stamp on this category under Foreigners married to their Filipino spouses in this added amendment, last paragraph of RA 6768:Family members of the former Filipino citizen who are traveling withthe Balikbayan should present passports and any of the following: a)birth certificate, in case of children; b) marriage certificate, in caseof spouse; c) adoption papers, in case of legally adopted children.The Commissioner of Immigration Andrea D. Domingo informed theDepartment of Foreign Affairs on 04 June 2001 that, "*All ImmigrationOfficers at authorized ports of entry shall grant the benefits andprivileges to all Balikbayans and Former Filipinos included every timethey enter the country to visit, regardless of their frequent travel*".This means that the above categories of persons could now avail of theBalikbayan benefits and privileges regardless of the number of timesthey enter the country within a year.

Edited June 27, 2010 by MrBBtheFilAm

[UZI]

Please help me though with my understanding of your answer as it related to my specific question. That is:

Let's put forward a hypothetical scenario:British guy flies to Philippines & marries his sweetheart. He then returns to the UK to work & she remains here. He returns 3 months later to Hong Kong where his wife joins him for the day and they then fly into Manila together.So, DOES HE GET HIS PASSPORT STAMPED? Was he entitled to get his passport stamped?If the answer is NO - then that confirms that Expats cannot jump out with their wife & back in to get the stamp in less than 12 months. If the answer is Yes, I return to my original question, where is the LEGAL ruling that supports it.

I assume you mean "get it stamped balikbayan for a 12 month visa free entry."As you have framed the hypothetical...The wife is a Filipino citizen who has never been out of the Philippines before her one day visit to Hong Kong...... then she is not a "balikbayan" for purposes of Balikbayan Program under any of the three categories.So, NO... the expat cannot properly avail himself of the visa-free entry as a foreign spouse of a "balikbayan" under your hypothetical.(unless he arranged for her to have a one day job as an OFW in Hong Kong and she claims to be a category (b) balikbayan... which would probably get her arrested and him blacklisted) However, if the facts are changed a bit... and the wife has been out of the PI continuously for a year... and is then residing with her husband anywhere other than the PI... then the husband can hop in and out of the PI visa-free by entering the PI with his balikbayan wife... and do so as often as they wish.The 12 months out of the PI is to establish her initial category ( a ) balikbayan status... there is no time restriction under the present law as to how long she must remain out of the PI between subsequent visits.Tom in Texas

:1 (60)::th_signs083:Thanks Tom,A straight answer to my question at last. Thank you for clarifying that and now EVERYONE should know how the rules are applied.Have a great Sunday, you have earned it.:cheersty:Uzi

[Art2ro]

Please help me though with my understanding of your answer as it related to my specific question. That is:

Let's put forward a hypothetical scenario:British guy flies to Philippines & marries his sweetheart. He then returns to the UK to work & she remains here. He returns 3 months later to Hong Kong where his wife joins him for the day and they then fly into Manila together.So, DOES HE GET HIS PASSPORT STAMPED? Was he entitled to get his passport stamped?If the answer is NO - then that confirms that Expats cannot jump out with their wife & back in to get the stamp in less than 12 months. If the answer is Yes, I return to my original question, where is the LEGAL ruling that supports it.

I assume you mean "get it stamped balikbayan for a 12 month visa free entry."As you have framed the hypothetical...The wife is a Filipino citizen who has never been out of the Philippines before her one day visit to Hong Kong...... then she is not a "balikbayan" for purposes of Balikbayan Program under any of the three categories.So, NO... the expat cannot properly avail himself of the visa-free entry as a foreign spouse of a "balikbayan" under your hypothetical.(unless he arranged for her to have a one day job as an OFW in Hong Kong and she claims to be a category (b) balikbayan... which would probably get her arrested and him blacklisted) However, if the facts are changed a bit... and the wife has been out of the PI continuously for a year... and is then residing with her husband anywhere other than the PI... then the husband can hop in and out of the PI visa-free by entering the PI with his balikbayan wife... and do so as often as they wish.The 12 months out of the PI is to establish her initial category ( a ) balikbayan status... there is no time restriction under the present law as to how long she must remain out of the PI between subsequent visits.Tom in Texas

:1 (60)::th_signs083:Thanks Tom,A straight answer to my question at last. Thank you for clarifying that and now EVERYONE should know how the rules are applied.Have a great Sunday, you have earned it.:cheersty:Uzi

No reason really to gloat after twisting the facts and confusing some of the readers to begin with in order to fit your Scenario which really belonged in another category, last 2 paragraphs under RA 6768 for foreigners married to their Filipino spouses which they can get the BB stamp regardless of frequent travel to the Philippines within a year! As stated below!Family members of the former Filipino citizen who are traveling withthe Balikbayan should present passports and any of the following: a)birth certificate, in case of children; b) marriage certificate, in caseof spouse; c) adoption papers, in case of legally adopted children.The Commissioner of Immigration Andrea D. Domingo informed theDepartment of Foreign Affairs on 04 June 2001 that, "All ImmigrationOfficers at authorized ports of entry shall grant the benefits andprivileges to all Balikbayans and Former Filipinos included every timethey enter the country to visit, regardless of their frequent travel".This means that the above categories of persons could now avail of theBalikbayan benefits and privileges regardless of the number of timesthey enter the country within a year.Anyway, it was already a known fact that a Filipino would not get a BB Stamp with her spouse in less than 12 months! You already answered your own question to begin with and just confused the issue! Just a misinterpretation of the facts! A real silly discussion and confusing everyone else! The facts are there and don't require scenarios, they just get misinterpreted as just what happened in this situation! Time to put it bed! Edited June 27, 2010 by MrBBtheFilAm

[Tom in Texas]

Definition of a Balikbayan:1The following categories of persons can avail of the Balikbayan privilege:(a) a Filipino citizen who has been continuously out of the Philippines for a period of at least one (1) year from the date of last departure;***Yes they can get the BB stamp on this category under Foreigners married to their Filipino spouses in this added amendment, last paragraph of RA 6768:***The Commissioner of Immigration Andrea D. Domingo informed theDepartment of Foreign Affairs on 04 June 2001 that, "*All ImmigrationOfficers at authorized ports of entry shall grant the benefits andprivileges to all Balikbayans and Former Filipinos included every timethey enter the country to visit, regardless of their frequent travel*".This means that the above categories of persons could now avail of theBalikbayan benefits and privileges regardless of the number of timesthey enter the country within a year.

Hi Art,I'm just stating what appears to be the current status of the Balikbayan Program based on the statutes and information I quoted in my post. The "one year from date of departure last departure" is no longer in the law, as category (a) definition of "balikbayan" has been specifically amended. When a statute is amended, the portions specifically amended are no longer applicable. Those portions which are not amended continue to be applicable and must be read in conjunction with the amendments. In this matter, the prior category (a) definition is simply no longer applicable for any purpose.The Commissioner's pronouncement is not an amendment of the statute (Rep. Act 6768)... rather, it was an interpretation of the meaning of the statute prior to amendment... and that interpretation has been codified by the amendment to the category (a) definition (Rep. Act 9174).Under the current law... there is no restrictions as to the number of times a balikbayan (and their spouse along with them) can pop in and out of the PI, nor any requirement as to how long they must remain out of the PI before they can again return and avail themselves of the visa-free 12 month entry. However, there certainly is a requirement that the status of "balikbayan" be initially be established for the returning Filipino citizen or former citizen... under category (a) that does require an initial continuous 12 month period of time out of the PI... or under category (b) where there is no time requirement for OFWs... or under category ( c ) where there is no time limit for former Filipino citizens now holding foreign passports... before anyone starts popping in or out of the PI.Of course, you would assume that a legitimate returning OFW would have been gone for more than a few days... and it certainly takes some time out of the PI to acquire citizenship in most other countries.So, I really fail to see why this topic has captured everyone's attention... the law is fairly straight forward... and anyone can construct a hypothetical situation to make someone entitled, or not entitled, to the benefits of the Balikbayan Program.Just remember, the 12 month period is only a requirement for the initial establishment of category (a) balikbayan status... once established, there are no restrictions as to the timing of subsequent return visits, i.e., the balikbayan and spouse can leave a soon as they wish, and return as soon as they wish. I'm not sure where the disagreement is at this point... If you want to give me a hypothetical set of facts, I will give you my opinion as to the laws application to those facts... My opinion may certainly be wrong... and if anyone points out to me how or in what respect I am wrong, I'll be the quick to admit my error... as I really have no dog in this hunt nor any reason to attempt to mislead anyone... just trying to be helpful.Tom in Texas

[UZI]

Definition of a Balikbayan:1The following categories of persons can avail of the Balikbayan privilege:(a) a Filipino citizen who has been continuously out of the Philippines for a period of at least one (1) year from the date of last departure;***Yes they can get the BB stamp on this category under Foreigners married to their Filipino spouses in this added amendment, last paragraph of RA 6768:***The Commissioner of Immigration Andrea D. Domingo informed theDepartment of Foreign Affairs on 04 June 2001 that, "*All ImmigrationOfficers at authorized ports of entry shall grant the benefits andprivileges to all Balikbayans and Former Filipinos included every timethey enter the country to visit, regardless of their frequent travel*".This means that the above categories of persons could now avail of theBalikbayan benefits and privileges regardless of the number of timesthey enter the country within a year.

Hi Art,I'm just stating what appears to be the current status of the Balikbayan Program based on the statutes and information I quoted in my post. The "one year from date of departure last departure" is no longer in the law, as category (a) definition of "balikbayan" has been specifically amended. When a statute is amended, the portions specifically amended are no longer applicable. Those portions which are not amended continue to be applicable and must be read in conjunction with the amendments. In this matter, the prior category (a) definition is simply no longer applicable for any purpose.The Commissioner's pronouncement is not an amendment of the statute (Rep. Act 6768)... rather, it was an interpretation of the meaning of the statute prior to amendment... and that interpretation has been codified by the amendment to the category (a) definition (Rep. Act 9174).Under the current law... there is no restrictions as to the number of times a balikbayan (and their spouse along with them) can pop in and out of the PI, nor any requirement as to how long they must remain out of the PI before they can again return and avail themselves of the visa-free 12 month entry. However, there certainly is a requirement that the status of "balikbayan" be initially be established for the returning Filipino citizen or former citizen... under category (a) that does require an initial continuous 12 month period of time out of the PI... or under category (b) where there is no time requirement for OFWs... or under category ( c ) where there is no time limit for former Filipino citizens now holding foreign passports... before anyone starts popping in or out of the PI.Of course, you would assume that a legitimate returning OFW would have been gone for more than a few days... and it certainly takes some time out of the PI to acquire citizenship in most other countries.So, I really fail to see why this topic has captured everyone's attention... the law is fairly straight forward... and anyone can construct a hypothetical situation to make someone entitled, or not entitled, to the benefits of the Balikbayan Program.Just remember, the 12 month period is only a requirement for the initial establishment of category (a) balikbayan status... once established, there are no restrictions as to the timing of subsequent return visits, i.e., the balikbayan and spouse can leave a soon as they wish, and return as soon as they wish. I'm not sure where the disagreement is at this point... If you want to give me a hypothetical set of facts, I will give you my opinion as to the laws application to those facts... My opinion may certainly be wrong... and if anyone points out to me how or in what respect I am wrong, I'll be the quick to admit my error... as I really have no dog in this hunt nor any reason to attempt to mislead anyone... just trying to be helpful.Tom in Texas

Tom,No confusion or lack of understanding of the Balikbayan Program from me. I have read on other forums, answers such as this:MANY expats for years even before the memorandum around 2 years ago have been taking short out of country trips with their wives in order to avail of the balikbayan program. Most are successful. Have your marriage certificate with you, be nice, smile, and ask pretty. Chances are you too will get one.There are no guarantees, you are at the discretion of the admitting officer. But when asked WHAT memorandum, no reply. I was asking for a specific reply to answer the one question I didn't understand. Doug understood, Stef understood, Lee understood and given your answer so did you. So again thank you & :th_signs083: as far as I am concerned.Uzi

[Art2ro]

Definition of a Balikbayan:1The following categories of persons can avail of the Balikbayan privilege:(a) a Filipino citizen who has been continuously out of the Philippines for a period of at least one (1) year from the date of last departure;***Yes they can get the BB stamp on this category under Foreigners married to their Filipino spouses in this added amendment, last paragraph of RA 6768:***The Commissioner of Immigration Andrea D. Domingo informed theDepartment of Foreign Affairs on 04 June 2001 that, "*All ImmigrationOfficers at authorized ports of entry shall grant the benefits andprivileges to all Balikbayans and Former Filipinos included every timethey enter the country to visit, regardless of their frequent travel*".This means that the above categories of persons could now avail of theBalikbayan benefits and privileges regardless of the number of timesthey enter the country within a year.

Hi Art,I'm just stating what appears to be the current status of the Balikbayan Program based on the statutes and information I quoted in my post. The "one year from date of departure last departure" is no longer in the law, as category (a) definition of "balikbayan" has been specifically amended. When a statute is amended, the portions specifically amended are no longer applicable. Those portions which are not amended continue to be applicable and must be read in conjunction with the amendments. In this matter, the prior category (a) definition is simply no longer applicable for any purpose.The Commissioner's pronouncement is not an amendment of the statute (Rep. Act 6768)... rather, it was an interpretation of the meaning of the statute prior to amendment... and that interpretation has been codified by the amendment to the category (a) definition (Rep. Act 9174).Under the current law... there is no restrictions as to the number of times a balikbayan (and their spouse along with them) can pop in and out of the PI, nor any requirement as to how long they must remain out of the PI before they can again return and avail themselves of the visa-free 12 month entry. However, there certainly is a requirement that the status of "balikbayan" be initially be established for the returning Filipino citizen or former citizen... under category (a) that does require an initial continuous 12 month period of time out of the PI... or under category (b) where there is no time requirement for OFWs... or under category ( c ) where there is no time limit for former Filipino citizens now holding foreign passports... before anyone starts popping in or out of the PI.Of course, you would assume that a legitimate returning OFW would have been gone for more than a few days... and it certainly takes some time out of the PI to acquire citizenship in most other countries.So, I really fail to see why this topic has captured everyone's attention... the law is fairly straight forward... and anyone can construct a hypothetical situation to make someone entitled, or not entitled, to the benefits of the Balikbayan Program.Just remember, the 12 month period is only a requirement for the initial establishment of category (a) balikbayan status... once established, there are no restrictions as to the timing of subsequent return visits, i.e., the balikbayan and spouse can leave a soon as they wish, and return as soon as they wish. I'm not sure where the disagreement is at this point... If you want to give me a hypothetical set of facts, I will give you my opinion as to the laws application to those facts... My opinion may certainly be wrong... and if anyone points out to me how or in what respect I am wrong, I'll be the quick to admit my error... as I really have no dog in this hunt nor any reason to attempt to mislead anyone... just trying to be helpful.Tom in Texas

Tom,No confusion or lack of understanding of the Balikbayan Program from me. I have read on other forums, answers such as this:MANY expats for years even before the memorandum around 2 years ago have been taking short out of country trips with their wives in order to avail of the balikbayan program. Most are successful. Have your marriage certificate with you, be nice, smile, and ask pretty. Chances are you too will get one.There are no guarantees, you are at the discretion of the admitting officer. But when asked WHAT memorandum, no reply. I was asking for a specific reply to answer the one question I didn't understand. Doug understood, Stef understood, Lee understood and given your answer so did you. So again thank you & :th_signs083: as far as I am concerned.Uzi

Tom,Here we go again! No guarantees? At the discretion of the admitting officer? So what's this amendment added to RA 6768 I've been using for the past 12 years which hasn't been suspended or revised yet?The Commissioner of Immigration Andrea D. Domingo informed theDepartment of Foreign Affairs on 04 June 2001 that, "*All ImmigrationOfficers at authorized ports of entry shall grant the benefits andprivileges to all Balikbayans and Former Filipinos included every timethey enter the country to visit, regardless of their frequent travel*".This means that the above categories of persons could now avail of theBalikbayan benefits and privileges regardless of the number of timesthey enter the country within a year.I'm not the type of person to express discouraging words, but to boost people's confidence and morale that the BB Program works well and will for a long time to come! It just keeps on getting better with their added memorandums and amendments! I'm a proud Fil/Am and just trying to help others wanting to come here to the Philippines without any hassles! Edited June 27, 2010 by MrBBtheFilAm

[Jollygoodfellow]

Well as far as I can see this topic is getting no where with a couple of members continually hashing the same stuff.Topic closed :cool_beans: