1. What is a DSWD Travel Clearance?
A DSWD Travel Clearance is a document issued by the Department of Social Welfare and Development (DSWD) to a Filipino child age below 18 years of age, regardless of civil status, leaving the Philippines alone or with someone other than his or her parents. This is one of the safeguards provided by law to Filipino children, to curb the occurrence of the human trafficking, which remains as a primary threat to the safety and vulnerability of our youth.
2. Who is considered a minor?
A minor, also referred to as a “child,” refers to a person below eighteen (18) years of age or one who is over eighteen (18) but is unable to fully take care of or protect himself from abuse, neglect, cruelty, exploitation, or discrimination because of physical or mental disability or condition (Section 3[a], Republic Act 7610).
3. Who is required to secure a Travel Clearance?
The following minors must secure a travel clearance:
(1) Filipino minors who are traveling alone using a Philippine Passport for travel outside the Philippines;
(2) Filipino minors travelling with prospective adoptive parent/s for purposes of inter-country adoption;
(3) Filipino minors travelling with a person other than his/her parent/s, legal guardian or person exercising parental authority/legal custody over him/her;
(4) Filipino minors who are illegitimate and is travelling with his/her biological father; and
4. Who are the minors that need not secure a Travel Clearance?
The following are the minors who are not required to secure a Travel Clearance:
(1) A minor accompanied by the following:
(a) Either or both of the minor’s parents, if the minor is legitimate;
(b) The minor’s biological mother, if the minor is illegitimate;
(c) The minor’s father who has been granted sole parental authority or custody by the proper court, if the minor is illegitimate;
(d) The minor’s legal guardian;
(e) The person, including one of the minor’s parents, who was granted sole parental authority or legal custody by the proper court, in which case the court decision should specifically include a statement to this effect, i.e., naming the person to whom sole parental authority of legal custody over the minor has been granted;
(f) Minor’s adoptive parents with adoption decree & Certificate of Finality.
(2) A minor who is an immigrant or a permanent resident abroad, with foreign passport, or whose parents are in the foreign service holding diplomatic/official passport such as Ambassador/General Consul/Consul/Attaches, provided he/she is holding a valid passport and a visa such as a dependent visa/identification card which serves as proof that the travel does not constitute child trafficking (Admin. Order No. 12, 2017).
(3) A minor who is not a Philippine citizen, and is holding a foreign passport.
5. Who may apply for Travel Clearance?
The following persons are allowed to file an application for Travel Clearance:
(1) The minor’s parent/s or legal guardian;
(2) The minor who is at least thirteen (13) years of age;
(3) The minor’s travelling companion; and
(4) A duly authorized representative of the parent/s within the 4th degree of consanguinity or affinity, legal guardian supported by an authorization letter with a valid I.D. (Admin. Order No. 12, 2017).
6. Where do you file an application for Travel Clearance?
The application for travel clearance, together with the supporting documents required shall be submitted to the Department of Social Welfare and Development (“DSWD”) Regional Office that has jurisdiction over the minor’s residence (Admin. Order No. 12, 2017).
7. What are the requirements for the issuance of a DSWD Travel Clearance?
(1) For minor/s travelling alone to a foreign country for the first time:
(a) Duly accomplished Application Form;
(b) An assessment Report from the Local Social Welfare and Development Office (LSWDO) or SWOII of the Social Welfare and Development (SWAD) Team when necessary;
(c) The birth certificate of the minor on security paper (SECPA) from Philippine Statistics Authority (“PSA”) and a photocopy of the minor’s passport;
(d) A certified true copy of the marriage certificate on security paper (SECPA) of the minor’s parents, or the Court Decision regarding Legal Guardianship of the minor, or tallaq or fasakh certification from the Shariah Court or any Muslim Barangay or Religious leader;
(e) In the case of illegitimate minor, a certificate of no marriage (CENOMAR) of the minor’s mother from the Philippine Statistics Authority (PSA) on Security paper (SECPA);
(f) A notarized (notarized at the place of residence) affidavit or written consent of parents, the solo parent and the legal guardian, whichever is applicable, permitting the minor to travel to a foreign country. In the absence of both parents or an appointed legal guardian, the relative’s consent in the order of preference provided under Article 216 of the Family Code of the Philippines (Executive Order No. 209 as amended) shall prevail.
In such cases, an Assessment Report by the Social Worker of the LSWDO should also be submitted with a copy of the parent/s/legal guardian’s valid identification card with specimen signature, and visa of parents if working abroad (for legitimate children, both grandparents who have the custody of the minor). For illegitimate or non-marital child, consent of maternal grandparents is required.
(g) Two (2) original colored passport size photos (white, red, or blue background) of the minor taken within the last six (6) months from the time of application. Scanned pictures are not allowed.
(h) Affidavit of Support and certified copy of any evidence to show financial capability of sponsor (parents/legal guardian or other person/agency shouldering the travel expenses):
i. Certificate of Employment
ii. Latest Income Tax Return
iii. Bank Statement, etc.
iv. Letter of invitation indicating that all expenses to be incurred shall be bourne by the sponsoring school/agency/institution.
(i) In case either or both parents of the minor are deceased, a certified true copy of the Death Certificate/s of each of the parents on security paper (SECPA);
(j) Unaccompanied Minor Certificate from the Airlines; and
(k) Waiver from the parents releasing DSWD from any liability/responsibility in case of untoward incident during the travel of the child.
(2) For travels succeeding the first by the unaccompanied minor to a foreign country:
(a) Duly accomplished application form;
(b) Notarized affidavit or written consent of both parents, the solo parent and the legal guardian, whichever is applicable, with a copy of the valid identification card with specimen signature;
(c) Original copy of the previous Travel Clearance issued;
(d) Two (2) original colored passport size photos (white, red or blue background) of the minor taken within the last six (6) months from the time of application. No scanned pictures will be accepted;
(e) Unaccomplished Minor Certificate from the Airlines; and
(f) Waiver the parents releasing DSWD from any liability/responsibility in case of untoward incident during the travel of the child.
(3) Minor/s travelling for the first time with a person other than the parents or legal guardian:
(a) Duly accomplished application form;
(b) Certified true copy of birth certificate of the minor (SECPA);
(c) Notarized affidavit or written consent of both parents or solo parent or legal guardian, attached with valid identification card with specimen signature;
(d) Certified true copy of marriage certificate (SECPA) of the minor’s parents or a certificate of legal guardianship, in the case of solo parent, a solo parent identification card from the LSWDO or a certification of being a solo parent (assessment report of the LSWDO as attachment), a court decree of separation, annulment or divorce, in case of illegitimate minor, a certificate of no marriage from the PSA, if applicable; in case of deceased parent, a photocopy of the death certificate;
(e) Two (2) original colored (white, red or blue background) passport size photos of minor taken within the last six (6) six months, No scanned pictures will be accepted; and
(f) Photocopy of the passport of the traveling companion.
(4) Minor/s travelling subsequently with other the parents or legal guardian:
(a) Duly accomplished application form;
(b) Original copy of the Travel Clearance previously issued by DSWD field Office.
(c) Notarized affidavit of consent from biological parent/s guardian authorizing a particular person to accompany the child in his/her travel abroad, with a copy of the valid identification card with specimen signature;
(d) Two (2) original colored (white, red or blue background) passport size photos of minor taken within the last six (6) months, No scanned pictures will be accepted;
(e) Photocopy of the passport of the travelling companion (Admin. Order No. 12, 2017).
8. What are the additional requirements for minor/s under special circumstances?
(1) For a Filipino minor migrating to another country, he or she must present a Visa petition approval.
(2) For a minor who will study abroad, he or she must present an Acceptance or Certificate of Enrollment or Registration from the school where the minor is to be enrolled.
(3) For a minor who will attend a conference, study tour, competition, Student Exchange Program, Summer Camp, Pilgrimage, World Youth Day and Other Related activities, he or she must present the following:
i. Certification from sponsoring organization;
ii. Affidavit of Undertaking of companion indicating the safety measures undertaken by the sports agency (for sports competition); and
iii. Signed invitation from the sponsoring agency/organization abroad with itinerary of travel and list of participants and duration of the activity/travel.
(4) For a minor under legal guardianship, he or she must present a certified true copy of the Court Order on Legal Guardianship.
(5) For a minor going abroad for medical purposes, he or she must present the following:
i. Medical abstract of the minor;
ii. Recommendation from attending physician that such medical procedure is not available in the country; and
iii. Written acceptance from the hospital/attending physician who shall provide treatment and services for the child.
(6) For a minor going abroad for inter-country adoption, the following must be presented:
i. Placement Authority issued by ICAB
ii. Authority to escort issued by ICAB
(7) For minor/s whose parent/s are seafarers, he or she must present the following:
i. A certification from the manning agency attesting to the parent’s employment; and
ii. Photocopy of the Seaman’s Book.
(8) For a minor under Foster Care, he or she must present the following:
i. Notarized affidavit of undertaking by the foster parents indicating purpose of travel, destination, duration of travel, and a provision stating the commitment of the foster parent on the personal appearance of the child and foster parents to the Regional Director or his/her duly authorized representative, within five (5) days upon return to the country;
ii. Notarized affidavit of consent from the Regional Director or authorized representative;
iii. Photocopy of Foster Placement Authority (original to be attached for verification);
iv. Photocopy of Foster Care License of the family (original to be attached for verification);
v. DSWD certification of child legally available for adoption (CDCLAA), except those under Kinship Care wherein their parents did not relinquish the minor for adoption; and
vi. Return ticket/s.
(9) For abandoned minors with an alleged missing parent, if parents are married, the following shall be the requirements:
i. Social Case Study Report executed by a licensed social worker of the local government unit;
ii. Blotter report from either the local police or barangay certification from the locality or the last known address of the alleged missing parent; and
iii. One (1) returned registered mail to the last known address of the alleged missing parent(s) or known relative(s) (Admin. Order No. 12, 2017).
9. Is the minor child required to personally appear before the DSWD?
No, the child is not required to personally appear before the DSWD during the application process. However, a minor may be called in for an in-depth interview with the social worker if it is deemed appropriate by the DSWD representative handling his/her case. (Admin. Order No. 12, 2017).
10. How much is the processing fee for a travel clearance issued to a minor?
The DSWD shall collect a processing fee for each travel clearance issued to minors traveling abroad under the following options:
(a) PhP300.00 with validity of one (1) year.
(b) PhP600.00 with validity of two (2) years.
This is subject to change without prior notice as may be determined by the DSWD.
11. What is the period of validity of a Travel Clearance?
A Travel Clearance is valid for either one (1) or two (2) years, depending on the period applied for, and shall be valid for multiple travels, except for minors travelling with foster parents (Memorandum Circular No. 23, 2014).
However, should there be amendments or changes in the issued/used travel clearance, amendments can be made free as long as the travel clearance is within the validity period (Admin. Order No. 12, 2017).
12. How long do we have to wait before the DSWD Travel Clearance is issued?
The travel clearance may be obtained within three (3) working days upon submission of the required documents (Admin. Order No. 12, 2017). However, the actual processing time may vary from case to case especially during this pandemic.
13. Is there a penalty for failure to secure a travel clearance for the child should he or she travel abroad without his or her parents?
Yes, the persons responsible may be imprisoned or fined. The requirement of a travel clearance for minors is in accordance with the primary objective of the law to prevent child trafficking (Admin. Order No. 12, 2017). Facilitating the travel of a child who travels alone to a foreign country without the required clearance or permit from the Department of Social Welfare and Development (DSWD), or a written permit, or justification from the child’s parent or legal guardian, is deemed as Attempted Trafficking (Section 4-A[a], R.A. 9208, as amended by R.A. 10364). An attempt to commit child trafficking is punished severely by a penalty of imprisonment of fifteen (15) years and a fine of not less than Five Hundred Thousand Pesos (P500,000.00) but not more than One Million Pesos (P1,000,000.00) (Section 10[b], R.A. 9208, as amended by 10364).
14. My 12-year-old child wants to visit his grandparents in the U.S. However, I might not be able to accompany her due to my work schedule. Would my child be allowed to travel abroad alone?
No, your child would not be allowed to travel abroad. It is prohibited for minors below thirteen (13) years of age to travel alone (Admin. Order No. 12, 2017).
15. My girlfriend and I had a child out of wedlock. My girlfriend is an OFW in Japan while I am in the Philippines taking care of our 8-year-old daughter. My daughter and I are set to go to Japan to spend the Christmas with her mother. Would I still need to secure a travel clearance for my daughter?
Yes, you would still need to secure a travel clearance for your daughter. Children conceived and born outside a valid marriage are illegitimate (Article 165, Family Code of the Philippines). Since you and your girlfriend are not yet married, your daughter is considered an illegitimate child. Under Article 176 of the Family Code, illegitimate children shall be under the parental authority of the mother. However, if the child will be travelling with the mother, a travel clearance would not be necessary. But if the minor is travelling with a person other than his/her mother, a travel clearance is required. You must also present a Certificate of No Marriage (CENOMAR) of her biological mother from the Philippine Statistics Authority (PSA) (Admin. Order No. 12, 2017).
16. My girlfriend and I had a son before we got married. After giving birth, my girlfriend left us and never returned. I want to bring my 5-year-old son to my parents who are living in New York. Would I still need to secure a travel clearance for our child?
Yes, you would still need to secure a travel clearance. A Filipino minor who is illegitimate and is travelling with his or her biological father must secure a travel clearance in order to travel abroad. In addition, you must also submit a Certificate of No Marriage (CENOMAR) of your son’s biological mother from the Philippine Statistics Authority (PSA). However, if you have been granted sole parental authority by the proper court proving, for example, that your girlfriend’s abandonment was a compelling reason to deprive her of custody over your illegitimate son, then you are no longer required to secure a travel clearance for your child. In such a case, the court decision must specifically include a statement naming you as the person to whom sole parental authority is granted (Admin. Order No. 12, 2017).
17. I am 15 years old and an orphan as both my parents died in a car accident. However, the court has not yet appointed a legal guardian for me. If I plan to go to Japan to participate in a quiz bee competition, to whom can I ask consent to be able to travel abroad?
The minor child’s paternal or maternal grandparents may give their consent to the child’s overseas travel even without securing a Court order granting them guardianship over the child. When both grandparents are deceased, the relatives or acting guardians of the minor should undergo the judicial process of obtaining legal guardianship over the minor. Otherwise, they would not be able to give their consent for the child to travel abroad alone. (Admin. Order No. 12, 2017).
18. My wife and I are in the middle of a custody battle over our fifteen-year old son before the RTC of Manila. My mother, who lives in the United States, wants to see her only grandson before she passes. My wife has refused to let our son go, and has filed a Petition for the Issuance of a Hold Departure Order, which the court has granted. Can I still get a travel clearance for my son?
Unfortunately, no. A minor who is the subject of an on-going or pending custody battle will not be issued a travel clearance unless a court order is issued, allowing him to travel with either parent. You will have to wait for the issue of custody to be resolved by the court, and will then have to petition for the delisting of the name of your son from the Bureau of Immigration’s Watchlist.
