The Philippines is a growing hub for international professionals, offering opportunities across various industries, from IT and business process outsourcing to tourism and education. If you are a foreigner looking to work in the Philippines, it is essential to understand the legal requirements, including obtaining a work visa and permit.
In this guide, we will walk you through the process of securing a work visa and work permit and key insights about working in the country. Whether you are an expat seeking new career prospects or a company looking to hire foreign talent, this article will help you navigate the process smoothly.
Difference between a Work Visa and Work Permits
Work Visa and work permits are both legal documents required for working in the Philippines, but they have different requirements, and application processes. As a foreign employee, you must apply for a work permit first from the Department of Labor and Employment (DOLE) before applying for a Work Visa. It serves as proof that you are allowed to work in the country. It also has an expiration date, which can be renewed for another period of time.
On the other hand, a work visa allows foreign workers to enter the country for employment purposes. It is issued by the Bureau of Immigration (BI) and is valid for a specific period of time but can be renewed for another period to extend your working status.
Two Types of Work Visa in the Philippines
When applying for a work visa, there are two types you can apply for:
1.) 9G Pre-Arranged Employee Commercial Visa
9G Pre-Arranged Employee Commercial Visa is issued to foreign nationals who are engaged in gainful employment in the country. With this visa, you have a multiple-entry privilege while working in a locally registered company. However, you will only be allowed to work and stay in the country with a duration approved by the Bureau of Immigration (BI), corresponding to your employment contract.
2.) 9G Pre-Arranged Employee Non-Commercial Visa
9G Pre-Arranged Employee Non-Commercial Visa is issued to foreign employees who are engaged in missionary, social, rehabilitation, and medical professions. With this visa, you must be involved in the community immersion project in a community or assigned location. A local company can be your petitioner for this visa, but you must not receive or generate income from them or any local company.
Different Types of Work Permits in the Philippines
There are different types of work permits you can apply for depending on your purpose:
1.) Alien Employment Permit (AEP)
Alien Employment Permit (AEP) is issued by the Department of Labor and Employment (DOLE) to foreign employees in the country. This permit can be processed by you or your employer, which is valid for one (1) to three (3) years, depending on your employment contract.
2.) Provisional Work Permit (PWP)
Provisional Work Permit (PWP) is given to foreign workers who are waiting for the approval of their AEP or work visa application. This permit is valid for three (3) months from the date of issuance, or until your application has been approved. It can be renewed for another three (3) months, but it should not exceed six (6) months, expected that your application has been approved.
3.) Special Work Permit (SWP)
Special Work Permit (SWP) is issued to foreign nationals who are employed in the country for a short-term. Individuals who are engaged in specific activities or render services under a Tourist Visa can also apply for this permit. It is valid for three (3) months and renewable for additional three (3) months, granting you to work for a total of six (6) months or less.
The following foreigners can avail this permit:
- Professional athletes who will be competing or participating in an event for less than six (6) months;
- Foreign citizens with special merits and abilities who have been invited to the country for specific temporary activities;
- A movie or TV show crew who will shot in the country;
- Reporters who come to the country to cover an event or person; and
- Artists who will be performing in the country for a limited period of time.
4.) Special Temporary Permit (STP)
Special Temporary Permit (STP) is issued by the Professional Regulation Commission (PRC). It grants the foreign nationals to practice their professions in the country.
5.) Other Special Permits
Other Special Permits are offered to foreign workers who work in special industries. For geoscience and mining industries, the Department of Environment and Natural Resources (DENR) issues the special permit. Meanwhile, for naturalized or partially nationalized industries, the Department of Justice (DOJ) issues the permit.
Work Visa Requirements in the Philippines
The following documents are required when apply for either 9G Pre-Arranged Employee Commercial Visa or 9G Pre-Arranged Employee Non-Commercial Visa:
- Joint letter request addressed to the Commissioner from you and your petitioning employer
- Duly accomplished Consolidated General Application Form (CGAF) for Non-Immigrant Visa
- Photocopy of passport bio-page and latest admission with valid authorized stay
- Photocopy of Employment Contract, Secretary’s Certificate of Election, your Appointment or Assignment, or equivalent document, with detail of exact compensation, duration of employment and comprehensive description of the nature and scope of your position in the company
- Photocopy of your petitioner’s latest Income Tax Return (ITR) with the corresponding proof of payment (official receipt, bank teller’s validation slip, BIR’s eFPS payment details print-out or other similar evidence)
- Photocopy of Alien Employment Permit (AEP) issued by the Department of Labor and Employment (DOLE)
- Notarized certification of number of foreign and Filipino employees from the petitioning company (preferred format can be downloaded at the official BI website)
- Special Temporary Permit for an applicant participating a regulated profession under the Professional Regulation Commission (PRC), if applicable
- BI Clearance Certificate
- Additional documents, if required
Work Permits Requirements in the Philippines
Each work permits have different documentary requirements, which are as follows:
Alien Employment Permit (AEP) Requirements
- Photocopy of passport with work visa, or Certificate of Recognition for Refugees or Stateless Persons
- Original copy of notarized appointment or contract of employment enumerating the duties and responsibilities, annual salary, and other benefits
- Photocopy of Mayor’s Permit to operate business, in case locators in economic zones, Certification from the Philippine Economic Zone Authority (PEZA) or the Ecozone Authority that the company is located and operating within the ecozone, while in case of a construction company, photocopy of license from Philippine Contractors Accreditation Board (PCAB) or DO 18-A Registration submitted in lieu of Mayor’s Permit
- Copy of employer’s understudy training program to be conducted by the foreign national to transfer the knowledge and/or skills to the Filipino worker
- Additional documents, if necessary
Provisional Work Permit (PWP) Requirements
- Letter of Request addressed to the Commissioner from the petitioning company with an undertaking to withhold and remit to the Bureau of Internal Revenue (BIR) taxes due on all income of the applicant
- Duly accomplished Consolidated General Application Form (CGAF)
- Photocopy of your passport bio-page, entry visa (if applicable), latest admission and updated Temporary Visitor’s Visa or valid authorized stay
- Duly acknowledged Contract of Service, Employment Contract, Secretary’s Certificate of Election, Appointment, Assignment, Secondment or Deployment, or equivalent document indicating duration of employment, compensation and other benefits, and scope of duties
- Photocopy of the Official Receipt of AEP or 9G application
- Photocopy of your Taxpayer’s Identification Number (TIN) card or proof of TIN
- BI Clearance Certificate
- Additional documents, if necessary
Special Work Permit (SWP) Requirements
- Letter of Request addressed to the Commissioner from the petitioning company
- Duly accomplished Consolidated General Application Form (CGAF)
- Photocopy of your passport bio-page, entry visa (if applicable), latest admission and updated Temporary Visitor’s Visa or valid authorized stay
- Duly acknowledged Contract of Service, Employment Contract, Secretary’s Certificate of Election, Appointment, Assignment, Secondment or Deployment, or equivalent document indicating duration of employment, compensation and other benefits, and scope of duties
- Photocopy of your Taxpayer’s Identification Number (TIN) card or proof of TIN
- BI Clearance Certificate
- Additional documents, if necessary
Work Visa Application Process in the Philippines
To apply for a Work Visa, you must follow this procedure:
- Consult with an Immigration Lawyer. This is optional, but necessary for a hassle-free and smooth process. A lawyer who specializes in immigration law can assist you all throughout your application process. They will also ensure that there will not be delays and offer solutions in case of any issues along the way.
- Secure a Work Permit. Before applying for a work visa, you must secure a work permit applicable to you from the Department of Labor and Employment (DOLE) or the Bureau of Immigration (BI) as this is one of the requirements and it serves as a proof that you are authorized to work in the country.
- Submission of Documents. Prepare and submit all the required documents to the DOLE, BI, or the Philippine Embassy or Consulate in your home country.
- Payment of Fees. Pay the necessary fees as stipulated by the BI to process your application.
- Wait for Approval. After the submission and payment, wait for your application to be processed and approved. This process may take up to two (2) to three (3) months, or even longer depending on the review of the BI.
Work Permits Application Process in the Philippines
To process a work permit, you must follow this procedure:
Alien Employment Permit (AEP) Application Process
All applications for AEP must be filed at the DOLE Regional Office or Field Office having jurisdiction over the place of work.
To process, follow the steps below:
- Consult with an Immigration Lawyer. This is optional, but necessary for a hassle-free and smooth process. A lawyer who specializes in immigration law can assist you all throughout your application process and offer solutions in case of any issues along the way.
- Identify the Applicable Work Permit. Before processing a work permit, you must identify which work permit is applicable to you. If you have an immigration lawyer, they can help you determine and assess which work permit is suitable for you.
- Submission of Documents. Prepare and submit all the required documents to the Department of Labor and Employment (DOLE). Note that your duly representative, or employer can process your application.
- Review and Publication. Once submitted, the DOLE will review your application. It must also be published in a newspaper of general circulation to notify the public if a Filipino citizen is found to be capable of fulfilling the job requirements.
- Evaluation. After the publication, the DOLE will evaluate whether to issue a work permit. The review process usually takes two (2) to three (3) weeks to verify that there are no available Filipino citizens who can fill the job position.
- Issuance of AEP. If the application has been approved, the DOLE will issue a work permit. You may now also apply for a work visa once you have acquired your work permit.
Provisional Work Permit (PWP) Application Process
All applications for PWP must be filed at the Bureau of Immigration (BI) main office or other offices.
To process, follow the steps below:
- Consult with an Immigration Lawyer. An immigration lawyer can assist you all throughout your application process and offer solutions in case of any issues along the way.
- Identify the Applicable Work Permit. Before processing a work permit, it is advisable to identify which work permit is applicable to you to avoid any delays or any difficulties along the application process. If you have an immigration lawyer, they can help you determine and assess which work permit is suitable for you.
- Submission of Documents. Prepare and submit all the required documents to the Bureau of Immigration (BI). Note that your duly representative or employer can process your application.
- Review and Publication. Once the requirements have been submitted, the BI will review your application and will publish it in a newspaper of general circulation to notify the public if a Filipino citizen is capable of fulfilling the job requirements. The review process usually takes two (2) to three (3) weeks to verify that there are no available Filipino citizens who can fill the job position.
- Issuance of PWP. While your AEP application is pending for approval, a PWP will be issued. This will serve as proof that you are authorized to work legally in the Philippines until your AEP is approved.
Special Work Permit (SWP) Application Process
All applications for SWP must be filed at the Bureau of Immigration (BI) main office or other offices.
To process, follow the steps below:
- Consult with an Immigration Lawyer. An immigration lawyer can assist you all throughout your application process and offer solutions in case of any issues along the way. Note that this is optional, but can ease your application process.
- Identify the Applicable Work Permit. Before processing your application, it is crucial to identify which work permit is applicable to you. This may avoid any delays or any difficulties along your application process. If you have hired an immigration lawyer, they can help you determine and assess which work permit is suitable for you.
- Submission of Documents. Prepare and submit all the required documents to the Bureau of Immigration (BI).
- Issuance of SWP. Once your application has been approved, the BI will issue a SWP. You may now also apply for a work visa once you have acquired your work permit.
Exempted to Apply for an Alien Employment Permit (AEP) in the Philippines
The following foreign nationals are exempted to apply for an AEP if they:
- Have a permanent resident status;
- Are members of diplomatic services and government officials of accredited countries;
- Are members of international organizations of which the Philippines is a member such as the Asian Development Bank, specialized United Nations agencies and the International Rice Research Institute;
- Are missionaries who engage only in missionary work and not in gainful employment;
- Have voting rights in a Philippine-based operation or business;
- Are visiting, adjunct or exchange professors who come to the Philippines under a special arrangement between a Philippine and a foreign institution or government; or
- Are owners and representatives of Philippine Overseas Employment Association (POEA) accredited businesses who come to the Philippines to interview applicants for employment abroad.
Benefits of Working in the Philippines as a Foreigner
There are numerous benefits for foreign nationals working in the Philippines:
1.) Work Hours
Under Article 83 and 85 of the Labor Code, employees normally work eight (8) hours a day and have a one (1) hour lunch break. Additionally, employers must give their employees one (1) or two (2) days off per week, depending on the nature of their job.
2.) Compensation Benefits
This includes a basic salary, which is paid on a monthly or semi-monthly basis. Aside from the basic salary, employees may also receive allowances for transportation, meals, and housing. Some companies also offer performance-based bonuses and other incentives.
3.) Mandatory Government Benefits
All employees in the Philippines are entitled to mandatory government benefits, which are provided through the Social Security System (SSS), the Philippine Health Insurance Corporation (PhilHealth), and the Home Development Mutual Fund (Pag-IBIG Fund). These benefits provide employees with social security, health insurance, and housing loans.
4.) Leave Benefits
Employees are also entitled to leave benefits, which include service leave, maternity leave, paternity leave, parental leave, and sick leave. The amount of leave that an employee is entitled to depends on their length of service and the reason for the leave.
5.) Holidays
The Philippines has a number of regular and special non-working holidays throughout the year. On regular holidays, employees are entitled to their regular daily wage even if they do not work. While on special non-working holidays, employees are entitled to 30% of their regular daily wage if they do not work.
6.) Company Perks
Other than the mandatory benefits provided by the government, some companies in the Philippines also offer additional perks to their employees. These perks may include 13th-month pay, health insurance, life insurance, retirement plans, and other benefits.
7.) Career Growth
Many companies in the Philippines offer opportunities for career growth and development. These opportunities may include training programs, mentorship programs, and opportunities for promotion.
Need further information and assistance regarding (9G) Work Visa and Work Permits? 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.
