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Career Guide Work Visas and Work Permits in the Philippines: A Guide For Singapore Employers

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Work Visas and Work Permits in the Philippines: A Guide For Singapore Employers

Discover essential guidelines on work visas and permits in the Philippines. Ensure your foreign employees meet legal requirements with our comprehensive employer's guide.

Cindy Angelia

Updated Aug 6, 2024

When hiring local candidates in the Philippines, the process is straightforward for employers. Filipino citizens do not need work permits, and they usually only need to present identification documents like a birth certificate or passport.

However, the situation changes significantly when you want to hire foreign employees. In these cases, securing the correct work permits and visas becomes crucial.

As an employer, it's your responsibility to ensure that all foreign workers are legally authorized to work in the Philippines. This guide explains the different types of work permits, their requirements, the application process, and the associated fees.

What is Work Permits in the Philippines?

Foreign nationals who wish to work in the Philippines must first obtain a work permit, officially known as an Alien Employment Permit (AEP). This permit is issued by the Department of Labor and Employment (DOLE) and is specific to the employer and job position. If a foreign employee switches jobs or employers, a new work permit may be required.

It's important to note that securing an AEP is a prerequisite before a foreign employee can apply for a valid work visa in the Philippines.

What is Work Visa in the Philippines?

A work visa is necessary for foreign nationals to legally enter and stay in the Philippines for employment purposes. This visa outlines the type of work the individual is allowed to do in the country and is generally valid for a specified period. To continue working legally in the Philippines, the work visa may need to be renewed before it expires.

The work visa is issued by the Bureau of Immigration, which is responsible for ensuring that all foreign nationals comply with the country's laws.

As a Singapore employer looking to hire in the Philippines, understanding these requirements is essential to avoid legal issues and ensure smooth operations.

Types of Work Permits and Visas in the Philippines

1. Alien Employment Permit (AEP)

The Alien Employment Permit (AEP) is a crucial document that foreign nationals must obtain before being granted a work visa by the Bureau of Immigration. According to Philippine law, any foreign national seeking employment in the country must have an AEP, though there are some exceptions, such as diplomats and consultants.

Requirements and Application Process

The application for an AEP is processed at the Regional Department of Labor and Employment (DOLE) Office that oversees the area where the foreign employee will work. The applicant needs to submit the following documents:

A photocopy of the passport with a valid visa or a Certificate of Recognition for Refugees or Stateless Persons.
The original notarized appointment letter or employment contract, which must detail the job description, responsibilities, salary, and benefits of the foreign employee.
A photocopy of the Mayor’s Permit for the business operation, or a Certification from the Philippine Economic Zone Authority (PEZA) or Ecozone Authority for companies within economic zones. Construction companies must submit a photocopy of their license from the Philippine Contractors Accreditation Board (PCAB) or DO 18-A Registration.
A copy of the employer’s training program for local employees, outlining how knowledge and skills will be transferred from the foreign worker to Filipino staff.

Depending on the nature of the job, additional permits might be required. For example, if the employee will be practicing a profession, they may need to secure a Special Temporary Permit (STP) from the Professional Regulation Commission (PRC).

If the job is in a nationalized or partially nationalized industry, the employer may also need to obtain an Authority to Employ an Alien from the Department of Justice (DOJ).

Validity of the Alien Employment Permit (AEP)

The AEP is issued for a specific job position and company. It is typically valid for one year but can be extended up to three years if the employment contract specifies a longer duration. The permit must be renewed if the foreign national continues to work beyond the validity period or changes employers.

2. Pre-arranged Employment Visa (9G)

The Pre-arranged Employment Visa, commonly known as the 9G Visa, is the most widely used visa for foreign nationals who want to work legally in the Philippines. This visa allows your foreign employees to enter and exit the country multiple times while they are employed by your company.

The 9G Visa is specifically for foreign employees who will be working for a Philippine-based company. It's ideal for roles where the employee will need to travel in and out of the country during their employment.

This visa permits your employees to enter and leave the Philippines as many times as necessary while under your employment, making it convenient for businesses with international operations.

Required Documents

To apply for a 9G Visa, you and your foreign employee will need to prepare several documents:

Joint Letter Request: A letter addressed to the Commissioner of Immigration, signed by both the employer (petitioner) and the employee (applicant).
Completed Visa Application Form: Fill out the Consolidated General Application Form (CGAF) for Non-Immigrant Visa.
Passport Copy: A clear photocopy of the employee's passport bio-page and their latest admission stamp showing authorized stay.
Employment Documents: Provide a photocopy of the Employment Contract, Secretary’s Certificate of Election, or Appointment/Assignment of the employee. This should detail the compensation, job duration, and a description of the position.
Income Tax Return (ITR): Submit a photocopy of the latest ITR of your company along with proof of payment.
Alien Employment Permit (AEP): Include a copy of the AEP issued by the Department of Labor and Employment (DOLE), along with proof that the employment was published in a newspaper or a Certificate of Publication.
Employee Certification: A notarized certification listing both foreign and Filipino employees of your company.
Special Temporary Permit: If the foreign employee will be working in a regulated profession, obtain this permit from the Professional Regulation Commission (PRC).
BI Clearance Certificate: A clearance certificate from the Bureau of Immigration is required to ensure the employee has no legal impediments.
Medical Clearance: For nationals of specific countries arriving in the Philippines after June 2014, an original or certified true copy of the Bureau of Quarantine Medical Clearance is needed.
Supporting Company Documents: Photocopies of relevant documents from your company that support the visa application.

For more detailed information or specific document requirements, you can check the official guidelines or consult with immigration experts.

Application Process

To apply for work permits and visas in the Philippines, you need to go through a detailed process that can be completed at the main office of the Bureau of Immigration (BI) or other designated immigration offices. The entire process might take several months and involves several key steps:

Document Submission: Gather all the required documents and submit them to the relevant immigration office.
Fee Payment: Pay the necessary application fees associated with the permit or visa.
Hearing Attendance: Attend any scheduled hearings as part of the application process.
Biometric Capture: Provide biometric data, such as fingerprints and photographs, as required by immigration authorities.
Visa Implementation: Once approved, the visa will be implemented and stamped on the passport.
ARD Card Issuance: Finally, receive the Alien Registration Division (ARD) Card, which serves as proof of your legal status in the Philippines.

For more details on the Pre-arranged Employment Visa, please refer to the official guidelines provided by the Bureau of Immigration.

Types of Work Permits and Visas in the Philippines

3. Provisional Work Permit (PWP)

If you're an employer in Singapore and need to hire foreign employees who can't start work immediately because their Pre-arranged Employment Visa is still pending, there's an option available: the Provisional Work Permit (PWP). This permit allows your foreign employee to start working sooner, but be aware that the fees for this permit are higher compared to standard permits. The benefit, however, is that it can be obtained more quickly, making it a practical solution if you're in a hurry to get your employee on board.

Requirements and Application Process

To apply for a Provisional Work Permit, your employee will need to provide documents that are almost identical to those required for a 9G visa. For a detailed list of required documents, you can refer to the relevant sources.

The application process for a PWP is straightforward and faster than other work permits. You or your employee will need to go to the Bureau of Immigration Main Office, submit the necessary documents, pay the fees, and the permit will be processed and approved on the spot.

If you need further details about the PWP, more information can be found in the official guidelines.

4. Special Work Permit (SWP) for Short-Term Employment

For situations where you need to hire foreign nationals for a short-term period, typically between 3 to 6 months, the Special Work Permit (SWP) is the appropriate permit. This permit is also issued by the Bureau of Immigration and is specifically designed for temporary employment.

Requirements

To apply for an SWP, the foreign employee must submit the following documents:

A letter-request addressed to the Commissioner from the petitioning company.
A fully completed Consolidated General Application Form (CGAF) (BI Form CGAF-002-Rev 3).
A photocopy of the applicant’s passport bio-page, entry visa (if applicable), latest admission, and current valid visa or authorized stay.
A duly acknowledged contract of service, or an equivalent document that outlines the duration of service, compensation, benefits, and job responsibilities.
Additional documents may be required depending on the nature of the job, such as if the position is a consultant or in a regulated profession.
A photocopy of the applicant’s Taxpayer Identification Number (TIN) card or proof of TIN.
BI Clearance Certificate.

Note that the petitioning company also has its own set of documentary requirements that need to be fulfilled. A comprehensive list of these documents is available in the official documentation.

Application Process

The application for an SWP is processed at the Bureau of Immigration Main Office or any other authorized immigration offices. The process involves submitting the required documents, paying the necessary fees, and obtaining approval. For SWP applications that include a card, the applicant will also need to attend a hearing and have their biometrics captured.

For more information about the SWP, including specific steps and guidelines, refer to the official instructions provided by the Bureau of Immigration.

5. Treaty Trader or Treaty Investor Visa (9D)

The Treaty Trader or Treaty Investor Visa (9D) is designed for citizens of the United States, Japan, and Germany who are entering the Philippines for specific purposes related to trade, commerce, or business development. This visa allows foreign nationals to engage in trade activities or manage and direct the operations of an enterprise in the Philippines under existing treaties.

Who is Eligible?

This visa is specifically for:

Foreign nationals from the USA, Japan, and Germany.
Individuals entering the Philippines for trade or commerce under treaties.
Those who plan to manage or direct business operations in the Philippines.

Required Documents

To apply for this visa, you need to prepare and submit the following documents:

Letter Request: A formal letter addressed to the Commissioner, written by the applicant or the petitioner.
Completed Visa Application Form: The Consolidated General Application Form (CGAF) for Non-Immigrant Visa must be filled out.
Passport Details: Provide a photocopy of your passport’s bio-page and your most recent admission stamp showing your authorized stay.
Income Tax Return: A photocopy of the petitioner’s latest Income Tax Return (ITR) with proof of payment.
Employment Documents: These include an acknowledged employment contract, a Secretary’s Certificate of Election, or similar documents that detail the duration of employment, compensation, benefits, and job responsibilities.
Board Resolution: Required if the signatories on the application letter and employment contract are different from those listed in the Articles of Incorporation or the latest General Information Sheet (GIS).
BI Clearance Certificate: This certificate must be obtained from the Bureau of Immigration.
Medical Clearance: If the applicant is arriving from certain countries after June 2014, a medical clearance from the Bureau of Quarantine is needed.
Company Documents: Depending on the company’s structure (sole proprietorship, corporation, or partnership), additional documents might be required.

Application Process

To apply for the Treaty Trader or Treaty Investor Visa, follow these steps:

Submit Documents: Applications can be submitted at the main Bureau of Immigration (BI) office or other authorized immigration offices.
Pay Fees: Pay the necessary visa application fees.
Attend Hearing: Attend the scheduled hearing if required.
Biometric Data: Your biometric data will be captured as part of the process.
Claim Visa Card: Once approved, you can claim your visa card.

For more details or specific inquiries, it's best to visit the official website of the Philippine Bureau of Immigration or consult with an immigration lawyer.

Risks and Consequences of Hiring Foreign Workers Without Proper Documentation

As a Singapore employer, it's crucial to understand the legal requirements when hiring foreign nationals in the Philippines. Employing workers without the proper permits and visas can lead to serious legal consequences for both the employer and the employee.

1. Fines for Working Without a Permit

If a foreign worker is employed without a valid Alien Employment Permit (AEP), both the worker and the employer will face penalties. The fine is set at ten thousand pesos (P10,000.00) for each year, or part of a year, that the worker is employed without the proper documentation.

2. Deportation and Imprisonment

Foreign nationals working in the Philippines without a valid work visa face severe consequences. They may be deported from the country, but not before they pay any fines imposed. Additionally, they could be sentenced to imprisonment for a period ranging from 3 months to 3 years, depending on the severity of the violation.

3. Immigration Blacklist

Engaging in illegal employment can lead to a foreign national being blacklisted by the Bureau of Immigration. This means they would be barred from re-entering the Philippines in the future, significantly impacting their ability to work or travel to the country.

4. Employer Liability

Employers who hire foreign nationals without the necessary work permits also bear significant legal responsibility. Besides the fine of P10,000 for each illegally employed worker, the Department of Labor and Employment (DOLE) has the authority to suspend the company’s operations.

This can have serious implications for your business, potentially leading to financial losses and reputational damage.

Background Checks for Work Visas and Permits in the Philippines

Although background checks are not mandatory for obtaining work visas and permits in the Philippines, it is still crucial for employers to thoroughly vet foreign employees. Doing so helps avoid legal issues and can make the application process smoother.

Here are key reasons why background screening is important:

1. Preventing Legal Issues

The Department of Labor and Employment (DOLE) has the authority to reject an application for an Alien Employment Permit (AEP) if the foreign applicant has:

Provided false information
Submitted fake documents
Been convicted of a crime in the Philippines or abroad
Engaged in serious misconduct or mistreatment of workers

Additionally, even after an AEP is approved, DOLE can cancel it if any of these offenses are discovered.

2. Simplifying Visa Applications

When applying for work visas, one of the required documents is a Bureau of Immigration Clearance Certificate.

This certificate verifies that the individual is not listed in any negative or derogatory records maintained by the Bureau. Having a background check done beforehand can help ensure that the foreign employee meets this requirement, speeding up the visa application process.

3. Compliance with Local Laws

It is important to conduct these background checks in compliance with Philippine laws, especially the Data Privacy Act, to ensure that the process respects the privacy and rights of the individuals being screened.

For Singapore employers, performing thorough background checks not only safeguards your organization from potential risks but also helps in navigating the legal requirements more efficiently when hiring foreign workers in the Philippines.

Discover the best Filipino talents by starting your search with Epicareer for Employers now.

Cindy Angelia

Talent Acquisition Manager

With a strong background in HR and talent management, I am passionate about creating positive candidate experiences and fostering a culture of growth and development. My strategic approach to recruitment ensures we attract and retain the best professionals in the industry.

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