If you recently applied through any of the pathways for permanent residency in Canada and have minor child(ren) included in your application, you probably need a notarized and authenticated Affidavit of Support and Consent if the said child(ren) will travel unaccompanied by a parent or legal guardian.
So, what is an “Affidavit of Support and Consent?
An “Affidavit of Support and Consent” is one of the requirements in the Philippines whenever a minor child is applying for a passport or travel document without a parent or legal guardian. Another required document is a Special Power of Attorney.
The affidavit must be sworn before a notary public and contain the following statements:
- Your relationship to the child(ren)
- Basic information about the child(ren) such as name, birthdate, place of birth, etc.
- Name of authorized person who will apply for the child(ren)’s passport or travel document
- Name of authorized person who will accompany the child(ren) for the travel abroad
- Express consent for the child(ren) to travel with the authorized person
- Statement of support for the child(ren) while in the foreign country
- Any other statements to support your affidavit
How do you prepare the Affidavit of Support and Consent?
2) Fill out the form
3) JCA Law Team Assist
You can do it yourself (DIY) if you know how to prepare an affidavit. Ensure that it is in the proper form and contains all the statements above. Be aware that an affidavit becomes a legal document once executed, so be careful. This option may not be suitable for everyone.
2) FILL OUT THE FORM
Fill out the sample forms available through the following government websites:
Disclaimer: JCA Law is not associated with the Government of the Republic of the Philippines or any of its departments, agencies, or bureaus. These links are for reference only and are not endorsed. If you have any questions about these forms, contact the nearest Philippine consulate office or embassy in your area. If you need legal advice, consult with a licensed professional in your Province.
3) JCA LAW TEAM ASSIST
JCA Law can help you prepare the Affidavit of Support and Consent. If you need assistance, message us on Facebook Messenger or book an appointment any time. We will respond within the next business day.
If the matter is urgent, call 855-522-5290 during office hours.
Why is an Affidavit of Support and Consent required?
“Because of incidences of child abductions, a Filipino minor child, regardless of civil status, is required to secure a travel clearance issued by the Department of Social Welfare and Development (DSWD) if the child will travel out of the Philippines, either alone or with an adult other than a parent.” – taken from the DSWD website
An Affidavit of Support and Consent is just one of the requirements for securing a travel clearance from the DSWD.
Below is a list of all requirements for a travel clearance for a minor child. Click on the option that applies to you:
For minors travelling alone to a foreign country for the first time
- Duly accomplished DSWD Travel Clearance application form
- Photocopy of either Birth Certificate or passport of the minor
- Written consent of both parents or the solo parent or the legal guardian permitting the minor to travel alone to a foreign country
- Proof of the consenting parent’s relation to the child, in one of the following forms:
- (married parents) a photocopy of the marriage certificate of the minor’s parents
- (legal guardian) a photocopy of the certificate of legal guardianship of the minor,
- (solo parent) a photocopy of the solo parent identification card from the Municipal Social Welfare and Development Office, a Local Social Welfare and Development Office, Tallaq or Faskh certification from the Shariah court or any Muslim Barangay or religious leader
- (if child is illegitimate) a Certificate of No Marriage (CENOMAR) issued by the National Statistics Office (NSO)
- (if parents are deceased) a photocopy of the death certificate
- Two colored passport size photos of the minor taken within the last six (6) months
- The DSWD social worker may require additional documentary requirements during the assessment of the Travel Clearance application to make sure that no child shall be trafficked and that the child’s best interest and welfare is ensured.
For minors travelling for the first time with a person other than the parents or legal guardian
- Duly accomplished DSWD Travel Clearance application form
- A photocopy of the birth certificate of minor
- A written consent of both parents or the solo parent or the legal guardian permitting the minor to travel to a foreign country with a specific person other than them
- As appropriate, a photocopy of the marriage certificate of the minor’s parents or a certificate of legal guardianship of the minor or in the case of solo parents, a solo parent identification card from the Municipal Social Welfare and Development Office or a certification from the Local Social Welfare and Development Office of being a solo parent or a court decree of separation, annulment or divorce, or Tallaq or Fasakh certification from the Shariah court or any muslim barangay or religious leader or in the case of an illegitimate minor, a certificate of no marriage (CENOMAR) *from the National Statistics Office or in the case of a deceased parent, a photocopy of the death certificate
- Two colored passport photos of the minor taken within the last 6 months.
- Photocopy of the passport of the travelling companion
For minor illegitimate children travelling abroad with the biological father
A minor illegitimate child who is travelling abroad accompanied by the biological father is required to secure a travel clearance certificate as parental authority is vested only to the mother of the child, per Article 176 of the Family Code of the Philippines.
Aside from the DSWD, who else requires the Affidavit of Support and Consent?
The Department of Foreign Affairs (DFA) of the Republic of the Philippines requires a minor applicant to submit an Affidavit of Support and Consent if the child is not accompanied by a parent or legal guardian during the passport application process. Thus, both the DFA and DSWD require the Affidavit of Support and Consent if the child will not be accompanied by a parent or legal guardian during his or her travel abroad.
A valid passport is of course required for anyone to travel abroad. The DFA issues passports for Filipino citizens. As noted above, the DFA will require an Affidavit of Support and Consent in at least two (2) situations. Therefore, even if the child will be accompanied by a parent or legal guardian for the travel abroad, the Affidavit of Support and Consent will still be required if there is no parent or legal guardian during the passport application. Another required document is a Special Power of Attorney (SPA).
Does the Affidavit of Support and Consent have to be notarized?
Yes. An affidavit is a sworn statement which means that it must be signed or executed before a notary public. Contact us if you need a notary public in Ontario, Canada.
Can I sign the Affidavit of Support and Consent in Canada?
Yes. You can sign or execute the Affidavit of Support and Consent in Canada. However, the said Affidavit needs to be authenticated or “consularized” before sending it to the Philippines. Contact us if you need assistance with getting your legal documents authenticated. Our office is conveniently located near the Philippine Consulate in Toronto.
Is the notary and authentication of an Affidavit the same? What is the difference?
Notary and authentication are not the same. You must go to a notary public to have your document notarized. For authentication, you must go to the Philippine Consulate General near you or the Philippine Embassy in Ottawa.
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