DISCLAIMER: The current Corona pandemic situation has resulted in many changes, including but not limited to additional requirements for travelling abroad, which I may NOT have discussed here. This article is just based on my own experience and should NOT be considered as legal or official advice.
It is commonly known that Filipino spouses and partners of foreign nationals going to Germany with a Marriage Visa or a Family Reunion Visa are required to register with the Commission on Filipinos Overseas, attend the Guidance and Counseling Program (CFO - GCP) and secure the CFO Emigrant sticker before departure. This is part of the departure requirements for emigrant Philippine citizens.
''For the past three decades, the Commission on Filipinos Overseas (CFO) has implemented the Guidance and Counseling Program (GCP) for fiancé(e)s, spouses and other partners of foreign nationals or of former Filipino citizens. Republic Act 10906 (“Anti-Mail Order Spouse Act of 2016) and Republic Act 10364 (“An Act Expanding the Anti-Trafficking in Person Act of 2012”) require the conduct of mandatory pre-departure counseling services for Filipinos in intermarriages.
The GCP is also a requirement under the implementing rules and regulations of Republic Act 8239 or the Philippine Passport Act for Filipino fiancé(e)s, partners and spouses of foreign nationals or former Filipino citizens who are applying for a passport for the first time or adopting the surname of the foreign spouse.
The main objective of the program is to assist the integration of Filipinos in their host countries by counseling them on the realities of international migration, and preparing them to meet the practical, cultural and psychological challenges in cross-cultural marriage and migration.''
However, we also read of travellers with a Visitor Visa or Tourist Visa who have been offloaded because of failure to present a CFO-GCP Certificate upon exit from the Philippines. Of course we are not privy to the entire circumstances of why these people were offloaded, still it pays to be in the know of why a missing CFO-GCP Certificate may be a reason for being offloaded.
What is CFO-GCP Certificate?
A CFO-GCP Certificate is a document that proves you have attended the guidance and counseling program and have satisfactorily provided all the supporting documents as required by a CFO counselor. You can attend the counseling program even when you do not have an emigrant visa. I did attend the CFO counseling while I was still waiting for my Marriage Visa.
I believe that the most critical factor is when the passenger is intending to depart (the country) for the first time to meet his/her foreigner sponsor ---- with this, I would highly recommend that you secure a CFO-GCP Certificate.
Failure to present a CFO-GCP Certificate when travelling abroad to visit a foreign national boyfriend, partner or spouse does not necessarily mean you will be offloaded; having one is also not a guarantee for being allowed to board. The decision of the Immigration Officer (IO) at the point of exit will depend on your overall traveller profile, your travel documents and your answer to the interview questions. It is important that you can convince the IO that you know and trust your sponsor and that you will not be put in harm's way when you travel abroad, no matter you have a CFO-GCP Certificate or not. After all, the main objective of the Bureau of Immigration is to prevent that you become a victim of human-trafficking, illegal recruiters and other crimes.
While it takes time and money, I believe that it is an advantage to all Filipinos with foreign national partners to attend the CFO-GCP. In these uncertain times when you may get stuck abroad due to the unpredictable border restrictions brought about by the pandemic, it is also to your advantage to know what to do and who to ask help from if you find yourself under unfortunate circumstances. These and other issues will be addressed thru the CFO-GCP.
The CFO-GCP Certificate is valid for a lifetime, so long as you intend to marry and stay married to the same Foreign National entered in the registration form. If you don't have an immigrant visa such as Marriage Visa or Family Reunion Visa, you will just be given the CFO-GCP Certificate. Once you get your immigrant visa, you can go back to any CFO Branch to have the Emigrant sticker attached to your valid passport.
Offloading due to failure of presenting a CFO-GCP Certificate (with a Tourist Visa), does it have a legal basis?
As I discussed in Part I here, if and when a passenger who travels with a Tourist Visa is subjected to a Secondary Inspection, the Immigration Officer may ask for more documents aside from the standard travel requirements; one of which may be a CFO-GCP Certificate.
Does it have a legal basis? Yes. The legal mandate of CFO also includes implementaion of Memorandum Circular No. 036 - Inter-Agency Council Against Trafficking Revised Guidelines on Departure Formalities of International- Bound Passengers.
Part of the guidelines state that, TOURIST PASSENGERS --- that includes holders of Schengen Visa (Visitor or Tourist Visa, Unmarried Couple Visitor Visa), may be required to present a CFO-GCP Certificate whenever it is shown that the passenger:
1. Is the spouse of a foreign national intending to depart for the first time to join the foreign spouse or
2. Is a partner of a foreign national intending to depart to meet and/or marry his/her fiancé/fiancee.
 |
image source: https://cfo.gov.ph |
To be honest, I also did not know these guidelines when I was still travelling to Germany with a Visitor Visa.
I only became aware of these guidelines at the time I attended the CFO-GCP at CFO - Davao Satellite in relation to my Marriage Visa. Majority of the attendees were ladies who intended to travel abroad with a Schengen Visa. Even when I did read about it, the words "Join", ''Partner'' and the ''to meet and/or marry" clause caused some confusion at first reading.
So, should you register yourself and attend the CFO-GCP even when you have a Schengen Visa?
I believe that the most critical factor is when the passenger is intending to depart (the country) for the first time to meet his/her foreigner sponsor ---- with this, I would highly recommend that you secure a CFO-GCP Certificate.
Failure to present a CFO-GCP Certificate when travelling abroad to visit a foreign national boyfriend, partner or spouse does not necessarily mean you will be offloaded; having one is also not a guarantee for being allowed to board. The decision of the Immigration Officer (IO) at the point of exit will depend on your overall traveller profile, your travel documents and your answer to the interview questions. It is important that you can convince the IO that you know and trust your sponsor and that you will not be put in harm's way when you travel abroad, no matter you have a CFO-GCP Certificate or not. After all, the main objective of the Bureau of Immigration is to prevent that you become a victim of human-trafficking, illegal recruiters and other crimes.
While it takes time and money, I believe that it is an advantage to all Filipinos with foreign national partners to attend the CFO-GCP. In these uncertain times when you may get stuck abroad due to the unpredictable border restrictions brought about by the pandemic, it is also to your advantage to know what to do and who to ask help from if you find yourself under unfortunate circumstances. These and other issues will be addressed thru the CFO-GCP.
The CFO-GCP Certificate is valid for a lifetime, so long as you intend to marry and stay married to the same Foreign National entered in the registration form. If you don't have an immigrant visa such as Marriage Visa or Family Reunion Visa, you will just be given the CFO-GCP Certificate. Once you get your immigrant visa, you can go back to any CFO Branch to have the Emigrant sticker attached to your valid passport.
TIP: When interviewed by a CFO Counselor or an Immigration Officer, be careful when using the word ''hubby''. The word is supposed to be a short form of husband. Don't call your male sponsor as your ''hubby'' when you are not married. For that matter, don't call him your fiancé when you are not engaged. The word ''hubby'' may very well be an innocent term of endearment but it can also subject you to more stringent guidelines in certain situations.
Please go to the CFO official website for more info.
No comments:
Post a Comment