Foreign nationals are required to have a work visa to enter and work in a country. They must also obtain a work permit, which is a legal document granting permission for foreign nationals seeking employment in the Philippines. The Department of Labor and Employment (DOLE) issues different types of work permits for foreign nationals. These permits serve to verify their qualifications and intentions in the country.
What is a Special Work Permit (SWP)?
A Special Work Permit is issued to foreign nationals who intend to work in the country for three (3) to six (6) months, will perform services outside of an employment arrangement, and engage in activities that are listed under Bureau of Immigration (BI) Operations Order JHM-2019-008. This type of work permit is valid for three (3) months and can be extended for another three (3) months.
Who are Eligible to Apply for a Special Work Permit (SWP)?
According to the BI Operations Order JHM-2019-008, the following individuals are eligible to apply for a Special Work Permit:
- Professional athletes, coaches, trainers and assistants;
- International performers with exceptional abilities;
- Artists, performers and their staff, who perform before an audience for a fee, subject to compliance with the requirements of the concerned agency, office or body;
- Service suppliers coming primarily to perform temporary services and who do not receive salary or other remuneration from a Philippine source other than expenses incidental to their temporary stay;
- Treasure hunters authorized to search for hidden treasure with business permit from the concerned government agencies and instrumentalities;
- Movie and television crews authorized to film in the country by the relevant regulatory office, body or agency;
- Foreign journalists practicing their profession or covering a specific event in the country;
- Trainee/s assigned in government instrumentalities, government owned and controlled corporations (GOCC) and private entities;
- Lecturers, researchers, trainers, and other pursuing academic work, who are assigned in schools, universities, educational and research institutions, government agencies and other entities (with or without compensations);
- Religious missionaries and preachers;
- Commercial models and talents;
- Culinary specialists/ Chefs;
- Professionals; and
- Consultants or specialists.
What are the Requirements for a Special Work Permit (SWP)?
The following documents are required when applying for a Special Work Permit:
- Letter Request addressed to the Commissioner from the petitioning company;
- Duly accomplished Consolidated General Application Form (CGAF) (BI Form CGAF-002-Rev 3);
- Photocopy of applicant’s passport bio-page, entry visa (if applicable), latest admission, and updated Temporary Visitor’s visa or valid authorized stay;
- Duly acknowledged Contract of Service, Secretary’s Certificate of Election, Appointment, Assignment, Secondment, or Deployment of applicant, or equivalent document indicating duration of service, compensation, benefits, and duties scope;
- Additional documentary requirements depending on the nature of employment (consultant position or regulated profession);
- Photocopy of applicant’s Taxpayer’s Identification Number (TIN) card or proof of TIN;
- BI Clearance Certificate;
- Additional Information on Applicant’s Child/Children (if applicable); and
- Special Work Permit Certification.
How to Apply for a Special Work Permit (SWP)?
To obtain a Special Work Permit, the applicant must follow these procedures:
- Submit the Documents. You are required to fill up and submit the Consolidated General Application Form (CGAF) along with the required documents for pre-screening to the Central Receiving Unit (CRU).
- Pay Fees. After submitting the necessary requirements, you must get the Order of Payment Slip (OPS) and pay the required fees. You must also submit a copy of the Official Receipt.
- Approval (without ACR I-Card). Once your application has been approved, you may claim your SWP.
- Attend Hearing (with ACR I-Card). Attend the hearing to refer to the schedule and venue to your Official Receipt.
- Biometric Data. After the hearing, an immigration officer will capture your biometric data, such as your image and fingerprint.
- Approval. Once your application has been approved, you may claim your SWP.
In case of renewal application, the biometric data previously captured during the visa conversion shall be used in the printing of the renewed ACR I-Card. However, the applicant’s child aged ten (10) years and below shall have their image and fingerprint captured on every extension of visa. While their child aged eleven (11) years and above shall have their image and fingerprint captured every after five (5) years.
How Long is the Processing Time for a Special Work Permit (SWP)?
The processing time for a Special Work Permit is shorter than the other work permits. It generally takes four (4) to eight (8) weeks to prepare and complete the application, while the issuance may take around three (3) to six (6) or longer from the date of filing the application.
What are the Other Work Permits in the Philippines?
Other than the Special Work Permit, the following work permits are available in the Philippines:
- Alien Employment Permit (AEP). This permit allows foreign employees to engage in long-term employment in the country. They are required to secure this type of permit before applying for a work visa (9G) and can be applied by either their employer or by themselves. In addition, it is valid for one (1) to three (3) years, depending on their employment contract.
- Provisional Work Permit (PWP). This permit is issued by the Bureau of Immigration (BI) to foreign nationals who are are employed in the country but still waiting for the approval of their work visa application. It is valid for three (3) months from the date of issuance or until their work visa has been approved.
- Special Temporary Permit (STP). This work permit is issued by the Professional Regulation Commission (PRC), which serves as a prerequisite for Alien Employment Permit (AEP) for skilled positions. Additionally, it allows foreign nationals to practice their respective profession in the country.
- Other Special Permits. This type of work permit is offered to foreign nationals who work in special industries. To obtain this permit, they must apply with the respective agencies—the Department of Environment and Natural Resources (DENR) for geoscience and mining industries and the Department of Justice (DOJ) for nationalized or partially nationalized industries.
Need further information and assistance regarding Special Work Permit (SWP)? 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.
