PHL post: Saudi pardon excludes overstayers, absconders

The Philippine Embassy in Riyadh has confirmed that the royal pardon issued by the Saudi government last year does not cover workers who overstayed their residence permits or who absconded from their employers. In a release posted on its website, the Embassy said that in a letter clarifying the royal pardon, the Saudi Ministry of Foreign Affairs (MFA) did not mention expatriates with expired iqama (residence permits), those who came for employment with a sponsor and have stayed beyond their iqama’s validity, and those who absconded from their original employers and are now seeking repatriation. “It is therefore clear that, as mentioned in various news reports, absconding workers or TNTs [“tago nang tago," or those eluding the law] are not included in the Royal Pardon or Amnesty," the release stated. In September 2010, the Saudi government announced a royal pardon or amnesty for a period of six months for migrants who overstayed their visas and violated residency rules. The Embassy said it immediately sent a Note to the Saudi MFA to clarify the coverage of and procedures for the royal pardon. The Embassy received the MFA’s reply on January 1, 2011, containing the following information:

• For those who violated their hajj (major pilgrimage), umrah (minor pilgrimage) and visit visa, their fingerprints shall be taken by the Wafeeden Departments (Directorate for Expatriates) and then they shall be processed accordingly and allowed to leave.
• For visitors who are on family visit visas:
  • They should proceed to the Jawazat (Directorate for Passports);
  • They should settle fees for extension of the visit visa (penalty is SR200 per month, with the SR10,000 penalty suspended for the period of the royal pardon;
  • Their status should be corrected at the computer database of the Jawazat;
  • The visit visa holders are required to present themselves to the Jawazat in the respective regions for fingerprinting and finalization of his repatriation.

“According to the authorities, all overstaying nationals, including those availing of the Royal Pardon, will be blacklisted from returning to the Kingdom," the Embassy said. “Overstaying foreign nationals apprehended after the 23 March 2011 will be required to pay a heavy penalty and may be subject to imprisonment," it added. Procedure for absconding workers The Embassy likewise released the following procedure for absconding workers, which could vary depending on the case:

1. The absconding or overstaying worker should contact and proceed to the nearest Philippine Oversees Labor Office (POLO) and provide the following:
   • Information on the sponsor or employer;
   • The original or copy of the iqama;
   • The original or copy of passport with the entry details;
2. The Philippine Overseas Labor Office (POLO) shall interview the OFW to determine his/her status;
3. The POLO shall contact the sponsor to negotiate for:
   • The “No Objection certification" by the original sponsor;
   • The Settlement Agreement or mukhalasa between the employee and employer wherein both parties sign that they have no claims. In case of the employee, this ensures that he has received all his monetary claims from the employer. In case of the employer, this ensures that he has no monetary claims against the employee, such as debts and other possible claims.
4. In parallel, POLO assists the OFW to accomplish his/her sworn statement for endorsement to POEA as necessary;
5. The POLO, through POEA and OWWA, will request the deploying agency to facilitate payment of penalties if any and provide the repatriation ticket;
   • Settlement of penalties for renewal of iqama [SR600 per year]
   • Withdrawal of absconding report SR2000
6. Once the No Objection Certificate and Settlement Agreement are obtained, POLO shall make representations with the Saudi General Directorate for Passports [Jawazat] for the issuance of the exit visa. The Jawazat requires the following:
   • Arabic Endorsement Letter of POLO;
   • Presentation of No Objection Certificate and Settlement Agreement or mukhalasa;
   • Settlement of applicable penalties;
   • Valid passport or, if passport is not surrendered by the employer or has been lost, a travel document which shall be issued by the Consular Section upon endorsement of POLO;
   • Fingerprinting and eye scanning at the Jawazat;
   • One-way ticket to the Philippines
7. The Saudi Jawazat, upon compliance with the above, shall issue the exit visa.

Same process for all regions The Embassy also advised Filipinos who have overstayed their hajj, umrah and visit visas that the procedures for the pardon for these categories are identical and applicable in all regions and provinces of the Kingdom. It also reminded Filipinos seeking repatriation, who came to work with a sponsor and have absconded but have not filed a complaint with the Saudi Labor Office or Saudi police for private rights such as unpaid salaries, to seek help from the POLO offices in Riyadh, Jeddah or Al-Khobar. “Filipinos seeking repatriation should not travel to other cities to seek repatriation. In case of apprehension by Saudi authorities, your repatriation could be stalled by the need to take you back to your city of residence for processing and clearance from your sponsor/employer," the Embassy said.—JV, GMANews.TV