Bureau of Immigration

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    Date: 2021-09-07 19:04:22.742517

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    Date: 2021-09-11 08:05:26.993269

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    Date: 2021-09-14 10:55:46.191762

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Motion for Reconsideration vs Order to Leave

Requested from BI by N. Le at 07:04 PM on Sep 07, 2021.
Purpose: To understand factors that drive a successful Motion for Reconsideration against an Order to Leave
Date of Coverage: 09/07/2021 - 09/07/2021
Tracking no: #BI-805967817309

Le 07:04 PM, Sep 07, 2021 

Dear Sir/Madam,

I am a Vietnamese citizen who is working in the Philippines.

It has been brought to my attention that an Order to Leave will be served upon the 9g visa downgrade.

However, the very purpose of the 9g visa downgrade is because I have resigned from my previous employer to transfer to a new employer also based in the Philippines.

Given the on-going covid19 pandemic ravaging both Vietnam and the Philippines resulting in many financial constraints and legal obstacles to those who comply, what success rate will a Motion for Reconsideration for my case have? How can it be improved?

Center (BINOC) 08:05 AM, Sep 11, 2021 

September 11, 2021

Dear Nang,

Thank you for your request dated Sep 07, 2021 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for Motion for Reconsideration vs Order to Leave.

We received your request on Sep 07, 2021 and will respond on or before Sep 28, 2021 07:04:22 PM, in accordance with the Executive Order's implementing rules and regulations.

Should you have any questions regarding your request, kindly contact me using the reply function on the eFOI portal at https://zcwdv520190208-dot-efoi-ph.appspot.com/requests/aglzfmVmb2ktcGhyHAsSB0NvbnRlbnQiD0JJLTgwNTk2NzgxNzMwOQw, for request with ticket number #BI-805967817309.

Thank you.

Respectfully,

BI-National Operations Center (BINOC)
FOI Officer

Division 10:55 AM, Sep 14, 2021 

September 14, 2021

Dear Nang Le,

Greetings!

Thank you for your request dated Sep 07, 2021 07:04:22 PM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.

Your Request for Motion for Reconsideration vs Order to Leave.

Please be informed that visa downgrading as a procedure that authorizes the adjustment or reversion of a foreign national immigration status granted under CA 613, as amended, allowing him/her to remain in the country as temporary visitor for a period of fifty-nine (59) days in cases where visa- grant: (i) has already expired; (ii) whose contract are pre-terminated; (iii) no longer endorsed for renewal; or (iv) expiration of DFA- authorized period of employment/ validity. This allows a foreign national to wind up his/her affairs without having to secure further visa authorization. 
 
You may file your Motion for Reconsideration at the BI- Main Office through the Temporary Visitors Section located at Main Office, Intramuros Manila with telephone nos. 4652400 loc. 102, for document assessment/ status verification.

If you are unhappy with this response to your FOI request, you may ask us to carry out an internal review of the response by writing to www.immigration.gov.ph Your review request should explain why you are dissatisfied with this response, and should be made within 15 calendar days from the date when you received this letter. We will complete the review and tell you the result within 30 calendar days from the date when we receive your review request.

If you are not satisfied with the result of the review, you then have the right to appeal to the Office of the President under Administrative Order No. 22 (s. 2011).

Thank you.

Respectfully,

Legal Division
FOI Receiving Officer

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