If you are planning on applying for an Alien Employment Permit (AEP), Duran & Duran-Schulze Law can assist you. We are a full-service visa that can help you navigate through the complex world of visa compliances. We provide assistance on preparing the requirements and ensure a thorough understanding of the process. We also offer solutions to any issues that may arise.
Moreover, an AEP will not be issued if you do not have a Work Visa. We can also help you process your Work Visa application.
Alien Employment Permit (AEP)
The Alien Employment Permit (AEP), issued by the Department of Labor and Employment (DOLE), is granted to foreign nationals who intend to work in the Philippines. It is valid for one (1) year unless the terms of employment require a longer period.
Note that a Work Visa (9G) will not be issued without an AEP.
Eligible to Apply for an Alien Employment Permit (AEP)
The following individuals are required to have an Alien Employment Permit (AEP):
- Foreign nationals who are employed in the Philippines;
- Foreign professionals allowed by the Professional Regulation Commission (PRC) to practice their profession in the country; and
- Holders of Special Investors Resident Visa (SIRV), Special Retirees Resident Visa (SRRV), Treaty Traders Visa (9d) and Special Non-Immigrant Visa 47(a)2 who occupy any executive, advisory, supervisory, or technical position in any establishment.
Exempted from Getting an Alien Employment Permit (AEP)
The following individuals are exempted to have an Alien Employment Permit (AEP):
- Foreign nationals with resident status;
- Members of diplomatic services and government officials of accredited countries;
- 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 (spouses of members are also exempted);
- Missionaries who engage only in missionary work and not in gainful employment;
- Foreign nationals who only have voting rights in a Philippine-based operation or business;
- Visiting, adjunct or exchange professors who come to the Philippines under a special arrangement between a Philippine and a foreign institution or government; and
- Owners and representatives of POEA (Philippine Overseas Employment Association)-accredited businesses who come to the Philippines to interview applicants for employment abroad.
Frequently Asked Questions:
Who may file the application for an Alien Employment Permit?
An Alien Employment Permit (AEP) may be filed by you, your employer, or your duly authorized representative.
When shall an application for renewal of Alien Employment Permit be filed?
An application for renewal of Alien Employment Permit (AEP) shall be filed not earlier than sixty (60) days before its expiration.
What is the penalty for working without an Alien Employment Permit?
A fine of PHP 10,000.00 for every year or a fraction thereof to a foreign national found working without a valid AEP. Also, an employer found employing a foreign national without a valid AEP has a fine of PHP 10,000.00 for every year or a fraction thereof.
Can an Alien Employment Permit be denied?
Yes. Both new and renewal application of AEP may be denied because of the following:
- Misrepresentation of facts in the application;
- Submission of falsified documents;
- The foreign national has been convicted of a criminal offense or a fugitive from justice in the country or abroad;
- Grave misconduct in dealing with or ill treatment of workers; or
- Availability of a Filipino who is competent, able and willing to do he job intended for or being performed by the foreign national.
Can an Alien Employment Permit be cancelled or revoked?
Yes, due to the following reasons:
- Non-compliance with any of the requirements or conditions for which the AEP was issued;
- Misrepresentation of facts in the application;
- Submission of falsified or tampered documents;
- Meritorious objection or information against the employment of the foreign national;
- Foreign national has been convicted of a criminal offense or a fugitive from justice;
- Employer terminated the employment of foreign national;
- Grave misconduct in dealing with or ill treatment of workers; or
- Disapproval of the application for an Authority to Employ Alien by the Department of Justice (DOJ) or Special Temporary Permit by the Professional Regulation Commission (PRC), if applicable.
What should I do if my Alien Employment Permit was denied/cancelled/revoked?
You or your duly authorized representative may file an appeal with the Secretary of Department of Labor and Employment (DOLE) within ten (10) days after receipt of copy of denial/cancellation/revocation order.
What will happen if I lose my Alien Employment Permit?
You can request for a replacement of your lost Alien Employment Permit to the issuing Regional Office. Note that a replacement is subject to payment of PHP 1,500.00 with a duly notarized Affidavit of Loss.
What is the validity period of Alien Employment Permit?
An Alien Employment Permit is valid for the position and the company for which it was issued for a period of one (1) year, unless the employment contact, or other modes of engagement provides a longer period which shall not exceed three (3) years.
What are the other work permits in the Philippines?
Aside from Alien Employment Permit (AEP), other work permits available for foreigners in the Philippines include:
- Special Work Permit (SWP) is given to foreign nationals who work, engage in specific activities, or render services in the Philippines outside of an employment arrangement.
- Provisional Work Permit (PWP) is offered to foreign employees in the Philippines while their Alien Employment Permit (AEP) and/or work visa application is still pending.
Duran & Duran-Schulze Law Can Help
Visa Application Assistance
In order to ensure that your application is accurate, complete, and compliant with the immigration law, we can help you with the preparation and compilation of the required documents.
Identify Possible Problems and Prevent Delays
Our well-experienced lawyers and visa team are able to foresee the possible problems or challenges that may arise during your application procedure. There is nothing to worry because we offer risk reduction strategies and help you overcome them.
Resolve Visa Concerns
We provide legal advice and assistance. Our insightful lawyers and visa team are able to plan out practical solutions, negotiate with migration authorities, and be your representative.
