According to Section 9(D) of the Philippine Immigration Act of 1940, the Treaty Trader or Treaty Investor Visa (9D) is given to a citizen of the United States, Japan, and Germany that has a bilateral trade agreement with the Philippines.
What is the Treaty Trader or Treaty Investor (9D) Visa?
Treaty Trader or Treaty Investor status under Section 9, paragraph (d), is exclusively granted to nationals or citizens of the U.S.A., Japan and the Federal Republic of Germany. The nationals or citizens of other countries cannot, therefore, invoke the privileges proffered by this visa category, unless such countries actually afford similar immigration privileges to nationals and citizens of the Philippines.
What are the Qualifications for Applicants?
Applicants for 9(D) Visa must prove that:
- They intend to leave the Philippines upon the completion or termination of their work contract;
- They seek to develop and direct the operation of the company in the Philippines;
- They are not applying for a non-immigrant visa in order to avoid the requirements or limitations applicable to an immigrant; and
- They are employed by an actual company.
An applicant from the USA must further prove that:
- He/she is engaged in a trade according to the trade and commerce agreements of the Philippines and the United States;
- His/her employer is a foreign national or the company he intends to work with is foreign –owned; and
- He/she holds special qualification as a supervisor or executive officer of a foreign company (if underage).
What are the Requirements for Treaty Trader or Treaty Investor (9D) Visa?
- Letter request addressed to the Commissioner from the applicant and/or the petitioner;
- Duly accomplished CGAF for Non-Immigrant Visa;
- Photocopy of the applicant’s passport bio-page, visa implementation and latest admission with valid authorized stay;
- Latest General Information Sheet of the petitioner;
- Renewed Contract of Employment;
- BI Clearance Certificate; and
- Original or certified true copy of Bureau of Quarantine Medical Clearance, if applicant is a national of any of the countries listed under Annex “A” of Immigration Operations Order No. SBM-14-059-A who arrived in the Philippines on or after June 2014.
Additional Requirements for Treaty Trader or Treaty Investor Visa
In addition to a written request for the issuance of the visa, the alien shall submit proof that:
- He has not been convicted of any crime;
- He has never been ordered deported from the Philippines;
- He is not afflicted with any loathsome, contagious, or dangerous disease, the name of his guarantor in the Philippines; and
- An accomplished form supplied by the Bureau of Immigration shall be required for the issuance of a treaty trader/treaty investor visa.
If the applicant is a person engaged in trade, he must submit:
- Bank statements, invoices and correspondence showing that he is or will be engaged in substantial trade between the Philippines and his country of nationality; and
- A certified copy of his latest income tax return showing actual income volume of trade in which he is engaged in or the latest income tax return showing his capacity to engage in substantial trade.
If the applicant is an employee of the person or corporation engaged in trade, he must submit:
- Bank statements, invoices and correspondence showing that he is or will be engaged in substantial trade between the Philippines and his country of nationality;
- A certified copy of his latest income tax return showing actual volume of trade in which he is engaged in or the latest income tax return showing his capacity to engage in substantial trade;
- His curriculum vitae;
- A contract of employment;
- A written undertaking to pay all taxes due on the compensation of the employee;
- Certified true copies of the alien certificate of registration and certificate of residence of treaty trader or treaty investor, if available;
- Where the employer is a corporation, certified true copies of the articles of incorporation, the certificate of registration of the corporation at the Securities and Exchange Commission (SEC); and
- The SEC license to operate a branch, if any.
If the applicant is an investor he must submit:
- A certification from the corporate secretary of the corporation in which the investment is made on the actual amount of investment and the capital stock ownership of the investor;
- A certified copy of the latest income tax return or receipt of income tax payment or financial statement of the investor, whether filed in the Philippines or abroad, specifically indicating the ability to finance the investment; and
- A certified copy of the latest income tax return or the receipt of income tax payment or financial statement of the corporation, showing that it is a bona fide enterprise engaged in the business and not a fictitious paper organization.
If the applicant is an employee of the person or corporation investing, he must submit:
- A certification from the corporate secretary of the corporation in which the investment and the capital stock ownership of the investor;
- A certified copy of the latest income tax return or receipt of income tax payment or financial statement of the investor, whether filed in the Philippines or abroad, specifically indicating the ability to finance the investment;
- Curriculum vitae;
- A certified copy of the contract of employment;
- A written undertaking to pay all taxes due on the compensation of the employee;
- Certified true copy of the applicant’s passport;
- Certified true copies of the alien certificate of registration and certificate of residence of treaty trader/treaty investor; and
- If the employer is a corporation, certified true copies of the articles of incorporation;
- Certified copy of the certificate of registration from the SEC, if it is a domestic corporation; and
- The SEC license to establish a branch and do business in the Philippines, if it is a foreign corporation.
If the applicant will be accompanied by dependents:
- Certified true copies of their passports;
- Certified true copies of their alien certificates of registration and certificate of residence of treaty trader/treaty investor, if any;
- Certified true copy of the marriage contract; and
- Certified copies of the certificates of live birth of the children.
Need further information and assistance regarding Treaty Trader or Treaty Investor (9D) Visa? Talk to our team at Duran & Duran-Schulze Law to know more about the requirements and process. Call us today at (+632) 8478 5826 or +63 917 194 0482, or send an email to info@duranschulze.com for more information.
