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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).
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