THE FIRM ATTORNEY PROFILES PRACTICE AREAS CLIENT EXTRANET LOGIN
l l l
l
     
 

Primary Contact

316 Mile Long Building

Amorsolo Street

Legaspi Village

Makati City

1200 Philippines

Telephone: (632) 8941441

TeleFax: (632) 8124296

e-mail: gtalaw@gtalawphil.com

 

Office Hours

9:30AM to 5:30PM PH Time

Monday - Friday

 

www.gtalawphil.com

 

 
     
     
 

Living and working in the Philippines

__________________________________________________________

 

 
 

Overview

 

The government has liberalized the visa requirements for certain categories

of foreigners to encourage foreign participation in the economic development of the country. Foreign stockholders, investors, representatives of investment houses, and land developers are among the categories granted this special incentive. The following visas may be granted to foreigners who will work or render service in the Philippines:

Treaty Trader's/Investor's Visa. This visa is granted to aliens entering the country to carry on trade between the Philippines and the foreign state of which they are nationals, under and pursuant to the provisions of a treaty of amity, commerce, and navigation. The immigration office requires an initial investment of US$30,000 or annual trade worth US$120,000. At present, the only countries with which the Philippines has entered into a treaty of amity, commerce, and navigation are the United States of America, Germany, and Japan.

Pre-arranged Employee's Visa 9(g). This is a regular work visa given to foreign nationals to undertake employment in the Philippines in a technical, managerial, or confidential capacity. However, it must be shown that there

are no local Filipinos or residents who are willing and competent to perform the labor or service for which the foreign national is being hired and that the latter's admission would be beneficial to the public interest. This type of visa is subject to the approval of the Board of Commissioners of the Bureau of Immigration (BI) meeting en banc.
                                                                                                               
A mandatory requirement in processing this visa is the submission to the

BI of the Alien Employment Permit (AEP). Normally, the validity date of this visa is co-terminus with the validity date of the foreign national's AEP or the expiration of his or her employment contract, whichever comes first. The AEP is granted by the DOLE only after the sponsoring company complies with the labor market test and submits an Understudy Training Program. The latter requires that the foreign national train at least two Filipinos under his or her supervision.
 

Alien Employment Permit. All foreign nationals seeking admission to the Philippines for the purpose of employment, all non-resident foreign nationals already working in the Philippines, and all non-resident foreign nationals admitted to the Philippines on on-working visas, who wish to work in the Philippines, regardless of the source of compensation and duration of employment are required by the Philippine Department of Labor and Employment (DOLE) to secure an Alien Employment Permit (AEP).

Where to Apply

Foreign nationals can apply for an AEP at the nearest Philippine Embassy or Consulate. Local employers who wish to hire the services of a foreigner can apply on behalf of the foreign national at the nearest Regional Office of the DOLE. Foreign nationals who are already in the Philippines should apply through their prospective employers with the nearest Regional Office of the DOLE.


Validity of AEP

The period of validity of an AEP will depend on the nature of the position occupied by the foreign national, whether elective, technical, advisory or supervisory.

Exemptions

All members of the diplomatic services, foreign government officials

accredited with the Philippine government, missionaries engaged in missionary work only, members of international organizations such as the Asian Development Bank (ADB), International Rice Research Institute (IRRI) and specialized agencies of the United Nations are exempted from securing an AEP.

 

Penalties

Aliens who are found working without an employment permit as required by law, are penalized with a fine ranging from one thousand pesos (P1,000.00) to ten thousand pesos (P10,000), or imprisonment ranging from three months to three years, or both. In addition to such penalties, any alien

found guilty shall be summarily deported upon completion of service of sentence.

Resident Aliens and Immigrants Who Intend to Work in the Philippines


Resident Alien – refers to any foreign national who is allowed by law to

reside indefinitely in the Philippines

All foreign nationals admitted to the Philippines as immigrants, who wish to seek employment, and all resident aliens already working in the Philippines, irrespective of the source of compensation and nature and duration of employment are required to secure an Alien Employment Registration Certificate (AERC) from the DOLE’s Regional Office.

Where to apply


The resident alien or the employer shall apply at the nearest Regional

Office of the DOLE where the employer-establishment is located. Validity of AERC. An AERC issued shall be valid only for the position and employer

which it was issued, unless otherwise cancelled or revoked for cause.

Special Nonimmigrant Visa 47 (a)(2). This type of visa may be issued to foreign nationals employed by enterprises registered with PEZA and the

BOI, as well as those who are temporarily assigned to work in government projects. Although all of them enjoy multiple entry privileges, foreign employees of PEZA-registered enterprises are also exempt from

fingerprinting and registration with the BI, paying fees, and securing clearances. However, foreign nationals with this visa are still required

to secure an AEP from the DOLE.

Special Nonimmigrant Visa under E.O. No. 226. This visa is granted to

foreign personnel assigned to BOI-registered regional or area headquarters

in the Philippines of multinational companies. They are entitled to multiple entry privileges and are exempt from paying immigration fees,

fingerprinting, registration with BI, and securing an AEP from DOLE.

Special Nonimmigrant Visa under P.D. No. 1034. This visa is granted to foreign personnel of offshore banks duly licensed by the BSP to operate

as an offshore banking unit. They are also entitled to multiple entry

privileges and are exempt from paying immigration fees, fingerprinting, registration with BI, and securing an AEP from DOLE.

Special Subic Work Visa. This visa is granted to foreign nationals

employed as executives by Subic Bay Freeport Zone enterprises

and to other foreign nationals possessing highly technical
skills.
 

Special Retiree’s Resident Visa. Under this program, an American, 35 years and above, may apply for a Special Retiree Resident Visa. Applicants must open a US dollar time deposit for a term of six (6) months in the amount of $75,000.00 (for 35 to 49 years old) and $50,000.00 (for 50 years old and above).
 

 
     

 

  Home

l

 

Disclaimer

l

 

   Contact Us

l

 

  Site Map

l

 

       www.gtalawphil.com ::

 

Guzman Tañedo & Acain Law Offices
316 Mile Long Building, Amorsolo Street, Makati City, Philippines - Telephone: 894.14.41; Telefax: 812.42.96

All Rights Reserved
Philippine Visa Philippine Visa Philippine Visa Philippine Visa Philippine Visa Philippine Visa Philippine Visa Philippine Visa Philippine Visa Philippine Visa Philippine Visa Philippine Visa