Non-Derogatory Record Check: Verifying Immigration Status with Bureau of Immigration (BI)

When it comes to background checks in the Philippines, the Bureau of Immigration (BI) plays a vital role in verifying an individual’s immigration status. Whether the subject is a Filipino citizen or foreign national, the government agency’s verification process can significantly impact his or her ability to travel, work, or settle in the country. 

A background check with the BI, commonly referred to as a non-derogatory record check, goes beyond confirming basic information—it ensures that there are no derogatory marks, legal violations, or unresolved issues on the individual’s immigration record. Such a check is vital in assessing compliance with the Philippine immigration laws and safeguarding the integrity of an individual’s legal standing.  

This blog delves into the process and significance of non-derogatory checks in the Philippines, detailing the procedures, the issuance of clearance certificates, and the implications for both Filipino citizens and foreign nationals. Read on and tell us in the comments how our expertise as a leading background check service provider in the country can support your business and immigration-related needs.   

What is a Non-Derogatory Record Check?

A Non-Derogatory Record Check, also known as no derogatory check or immigration status verification, is a background check conducted to determine if a candidate or subject individual has outstanding criminal records, ongoing cases, or any other legal violations in the database of the Philippine Bureau of Immigration (BI).

Common Immigration Advisories and Enforcement Orders

The Bureau of Immigration (BI) is the government agency primarily responsible for the administration and enforcement of immigration, citizenship, and alien admission and registration laws in accordance with the provisions of the Philippine Immigration Act of 1940.

It regularly issues immigration advisories and enforcement orders to ensure compliance with the immigration laws, maintain national security, and address specific situations. These advisories and orders, which affect the immigration status of subject individuals, include: 

Hold Departure Orders (HDOs)

These orders are issued by Philippine courts (e.g., Regional Trial Courts) or, in some instances, by the Department of Justice (DOJ) to prohibit individuals from departing the country due to ongoing criminal proceedings or the potential to impede the progress of such cases. 

Watch List Orders (WLOs)

These directives restrict movements of individuals or prevent them from leaving the country due to involvement in legal proceedings, criminal investigations, or other sensitive matters without securing the necessary clearance from the appropriate government agency.    

Blacklist Orders (BLOs)

These are administrative directives that prevent foreign nationals from entering or re-entering the Philippines due to a history of legal violations, such as overstaying, engaging in illegal activities, or being involved in serious immigration-related offenses. 

Alert List Orders (ALOs)

These are immigration orders issued against individuals who have outstanding warrants of arrest and who must be turned over to the Philippine National Police (PNP) or the National Bureau of Investigation (NBI). 

Deportation Orders (DOs)   

These are orders directing the removal or deportation of foreign nationals from the Philippines due to the commission of criminal offenses, involvement in illegal activities, unauthorized work, or other breaches of immigration laws. 

Types of Immigration Clearances

The Bureau of Immigration (BI) issues clearances to both foreign nationals and Filipino citizens for various immigration-related purposes, such as travel, employment, and even legal proceedings. Below are the common types of immigration clearances: 

BI Clearance Certificate (BICC)

This clearance certificate attests that an individual is not listed in any derogatory database, record, or watchlist maintained by the bureau. This is often required for various purposes such as visa applications, travel, and employment. 

Certificate of Not the Same Person (NTSP)

This certificate confirms that the subject individual is not the same person as another listed in immigration orders or involved in any legal matters associated with the bureau. This is particularly issued to clarify any confusion due to similar personal details with those under scrutiny. 

Exit Clearance Certificate-A (ECC-A)

This is an exit clearance required of foreign nationals who have stayed in the Philippines for at least six (6) months and are planning to depart. This ensures compliance with immigration regulations, such as on visa validity and payment of necessary fees. 

Exit Clearance Certificate-B (ECC-B)

This certificate is for foreign nationals with valid immigrant or non-immigrant visas (e.g., 9g, 13a, or 13g) who are leaving the Philippines temporarily. This also serves as a reentry permit, allowing them to return within their visa validity period without applying for a new clearance. 

Importance of Non-Derogatory Record Checks

As a background check, a non-derogatory record check with the Bureau of Immigration (BI) is important for several reasons, especially for foreign nationals, tourists, and traveling local residents: 

Visa and Immigration Status Verification

It ensures that foreign nationals (or even Filipino residents) have a clean immigration history as it verifies that they have not overstayed, worked without permits, or violated any immigration laws. This clean status is crucial for visa applications, employment, and other legal purposes. 

Country Exit and Reentry

Foreign nationals and local residents planning to travel abroad and re-enter the Philippines must have a clean immigration record, and a background check can confirm that there are no issues, such as being blacklisted or under a hold departure order, which could prevent exit or reentry into the country. 

Government and Employment Clearances

Particularly for Filipinos applying for government positions, security clearances, or overseas employment, a non-derogatory record check ensures there are no violations that could hinder the clearance process. It confirms that they are free of any unresolved immigration issues that could impact their eligibility for work abroad.

Peace of Mind

A non-derogatory check provides assurance that there are no pending violations or legal issues, thus safeguarding individuals from potential penalties, deportation, or future legal complications related to their immigration status. This gives both Filipinos and foreigners confidence in their legal standing.