Understanding Work Permits and Visas in the Philippines
For foreign nationals intending to pursue employment opportunities in the Philippines, obtaining a work permit and visa is a mandatory legal requirement. Both employers and foreign workers must adhere to these regulations to ensure full compliance with immigration and labor laws, avoiding potential sanctions or penalties.
- What is a Work Permit and a Work Visa?
- What Are the Types of Work Permits and Visas in the Philippines?
- Who is Required to Obtain a Work Visa to Legally Work in the Philippines?
Work Permit and Work Visa
Foreign nationals must first obtain an Alien Employment Permit (AEP) from the Department of Labor and Employment before applying for a 9(g) work visa. The AEP is specific to a particular job and employer, and any changes in employment or employer require an update to the permit. The AEP is a crucial prerequisite for securing a work visa and ensuring compliance with Philippine labor laws.
On the other hand, a work visa enables foreign nationals to lawfully enter, work and remain in the Philippines for employment purposes. It specifies the type of work they can perform and is generally valid for a set duration, necessitating renewal to extend their legal working status. These visas are issued by the Bureau of Immigration (BI), the agency responsible for overseeing and ensuring the lawful stay of foreigners in the country.
Types of Work Permits and Visas in the Philippines
The Philippines offers various work permits and visas tailored to the specific nature and duration of your intended stay. Below are the following permits and visas a foreign national can obtain:
1. Alien Employment Permit (AEP)
Alien Employment Permit is issued by the Department of Labor and Employment (DOLE) to all foreign nationals who intend to engage in gainful employment in the Philippines. The process includes a job posting in a general circulation newspaper to ensure no qualified Filipino can fill the position before hiring a foreign national.
Application Requirements
- Passport copy with valid visa
- Notarized employment contract specifying duties, salary, and benefits
- Mayor’s Permit, PEZA/Ecozone Certification, or PCAB license/DO 18-A
- Registration for specific businesses
- SEC Certificate of registration, Articles of Incorporation and By-Laws and latest General Information Sheet
- Proof of Publication in any newspaper general circular
2. 9G Visa
The 9G visa, or Pre-Arranged Employment Visa, allows foreign nationals to legally work in the Philippines. It provides multiple entry privileges and is valid for one to three years, depending on the employment contract, with an option to renew.
Application Requirements
- Completed CGAF for Non-Immigrant Visa
- Copy of Passport bio-page copies and latest admission with the valid stay
- Copy of employment contract or secretary’s certificate with compensation, duration, and role.
- Mayor’s Permit, PEZA/Ecozone Certification, or PCAB license/DO 18-A
- Registration for specific businesses
- SEC Certificate of registration, Articles of Incorporation and By-Laws and latest General Information Sheet
- Income tax proof
- Certified True Copy of AEP
- Notarized list of foreign and Filipino employees
- Bureau of Immigration Clearance Certificate
3. Provisional Work Permit
Foreign employees awaiting approval of their Pre-arranged Employment Visa can apply for a Provisional Work Permit. This temporary solution allows them to work legally during the waiting period. The application process is simple, with requirements similar to a 9G visa, ensuring minimal preparation effort. It helps businesses maintain productivity while complying with immigration laws.
Application Requirements
- Checklist with Complete Documentary Requirements
- Completed Application Form
- Additional Information on Applicant’s Children (if applicable)
4. Special Work Permit
Employers looking to engage foreign nationals for short-term work, typically ranging from 3 to 6 months, must secure a Special Work Permit (SWP) from the Bureau of Immigration. This permit is specifically designed for temporary employment, ensuring compliance with immigration regulations while meeting immediate business needs.
Application Requirements
- A formal request addressed to the Commissioner, prepared by the petitioning company.
- Duly accomplished CGAF (BI Form CGAF-002-Rev 3)
- Copies of passport bio-page, entry visa, Latest admission stamp, and Updated temporary visitor’s visa or valid authorized stay
- Any of the following documents, duly acknowledged, specifying the applicant’s duration of service, compensation, benefits, and scope of duties:
- Contract of Service
- Secretary’s Certificate of Election
- Appointment, Assignment, Secondment, or Deployment document
- Equivalent employment document
- Additional documents may be required depending on the nature of the position, such as proof of eligibility for consultant roles or regulated professions
- Copy of the applicant’s TIN card or proof of TIN registration
- Clearance certificate issued by the Bureau of Immigration.
5. Treaty Trader or Treaty Investor Visa
This visa is specifically designed for nationals of the United States, Japan, and Germany who wish to enter the Philippines. It caters to individuals seeking to engage solely in trade or commerce activities under the provisions of existing treaties between their respective countries and the Philippines.
Additionally, this visa is intended for foreign nationals who aim to develop, manage, and oversee the operations of enterprises within the Philippines, aligning with treaty agreements.
Application Requirements
- A formal request addressed to the Commissioner, prepared by the petitioning company.
- Duly accomplished Consolidated General Application Form (CGAF) for Non-Immigrant Visa
- Copies of passport bio-page, latest admission stamp, valid authorized stay record
- Copy of the petitioner’s latest Income Tax Return (ITR) with proof of payment
- Duly acknowledged Employment Contract or equivalent document such as:
- Secretary’s Certificate of Election Appointment, Assignment, Secondment, or Deployment.
- A Board Resolution is needed if the signatories of the application letter and employment contract differ from those in the Articles of Incorporation and the latest GIS
- Bureau of Immigration Clearance
- Mayor’s Permit, PEZA/Ecozone Certification, or PCAB license/DO 18-A
- Registration for specific businesses
- SEC Certificate of registration, Articles of Incorporation and By-Laws and latest General Information Sheet
Individuals are required to secure an AEP Exclusion Card and AEP Exemption Card:
- Corporate board members with voting rights but no equity
- Intra-Corporate Transferee
- Contractual Service Supplier
- Foreign company representatives with POEA registration interviewing applicants
- All members of the diplomatic service and foreign government officials
- Foreign nationals who are officers, staff, and employees working in embassies
- Foreign nationals teaching or researching under foreign-local or government collaborations
- Officers, employees, and their spouses of international organizations in which the Philippines holds membership
- Refugees and Stateless Persons recognized by the Department of Justice (DOJ)
- Temporary, probationary, and permanent visa holders
The term “Exclusion” and “Exemption” does not imply that the foreign national is excluded and exempted from obtaining an Alien Employment Permit (AEP). Instead, it refers to a specific category or classification of AEP that the Department of Labor and Employment (DOLE) utilizes to differentiate between various types of permits.
