Work in the Philippines as a Foreign National with an Alien Employment Permit (AEP)

Working in another country could be a dream for some people as there would be a lot of opportunities to knock on your door. It may also be romanticized as you may not only work in the country but also travel and reside in the Philippines. However, to be able to work legally, you must secure a work permit and a work visa. 

In this blog, we’ll guide you through eligibility, requirements, and application process of an Alien Employment Permit. We also cover the consequences you and your employer may face due to illegal employment, proving the importance of a work permit. 

What is an Alien Employment Permit (AEP)?

An Alien Employment Permit (AEP) is one of the work permits issued by the Department of Labor and Employment (DOLE) to foreign nationals who work in the Philippines. However, it doesn’t exclusively authorize them to work in the country as it is only one of the requirements in the issuance of a pre-arranged employment visa to legally work in the Philippines. 

Eligible to Apply for an Alien Employment Permit (AEP) Philippines

All foreign nationals who work or intend to engage in gainful employment in the Philippines must apply for an Alien Employment Permit (AEP). Please note that your employer must be the one to process your work permit application.

Exempted to Apply for an Alien Employment Permit (AEP) Philippines

The following foreign nationals are exempted to apply for an AEP:

• All members of the diplomatic service and foreign government officials accredited by and with reciprocity arrangement with the Philippine government;

• Officers and staff of international organizations of which the Philippine government is a member, and their legitimate spouses desiring to work in the Philippines;

• Foreign nationals elected as members of the Governing Board who do not occupy any other position, but have only voting rights;

• All foreign nationals granted exemption by law;

• Owners and representatives of foreign principals whose companies are accredited by the Philippine Overseas Employment Administration (POEA), who came to the Philippines for a limited period and solely for the purpose of interviewing Filipino applicants for employment abroad;

• Foreign nationals who come to the Philippines to teach, present and/or conduct research studies in universities and colleges in the Philippines and foreign universities or colleges; or between the Philippine government and foreign government, provided that the exemption is on a reciprocal basis; and

• Permanent resident foreign nationals and probationary or temporary resident visa holders.

Excluded to Apply for an Alien Employment Permit (AEP) Philippines

The following foreign nationals are excluded from securing an AEP:

• Members of the governing board with voting rights only and do not intervene in the management of the corporation or in the day to day operation of the enterprise

• Corporate officers as provided under the Corporation Code of the Philippines, Articles of Incorporation, and By-Laws of the Corporation such as President, Secretary, and Treasurer

• Those providing consultancy services who do not have employers in the Philippines

• Intra corporate transferee who is a manager, executive or specialist, and an employee of the foreign service supplier for at least one (1) year prior to deployment to a branch, subsidiary, affiliate, or representative office in the Philippines

• Contractual service supplier who is a manager, executive or specialist and an employee of a foreign service supplier which has no commercial presence in the Philippines:

• Who enters the Philippines temporarily to supply a service pursuant to a contract between his/her employer and a service consumer in the Philippines;

• Must possess the appropriate educational and professional qualifications; and

• Must be employed by the foreign service supplier for at least one (1) year prior to the supply of service in the Philippines.

Do I Need to Be in the Philippines While My AEP Application is Being Processed?

Yes, you should be in the Philippines while your work permit application is being processed, even until the issuance of your work visa or 9g visa. You must have a tourist visa to legally stay in the country all throughout the application process.

Please note that if you will not be in the country once your application has been approved by the Bureau of Immigration (BI), you will then be required to apply for revalidation. 

Where to Apply for an Alien Employment Permit (AEP) Philippines

All applications for an AEP must be filed and processed at the DOLE Regional Office or Field Office having jurisdiction over the intended place of work. In case the foreign applicant is assigned in related companies, their employer may file the AEP application with any of the Regional Offices having jurisdiction over the intended place of work. 

Alien Employment Permit (AEP) Requirements

Both employer and employee are required to submit the documentary requirements to initiate the AEP process. 

AEP Requirements for Applicants 

• Duly accomplished application form signed by the applicant and employer

• Photocopy of passport bio-page with a valid work visa

• Photocopy of BIR Form No. 1904 or 1902, duly received by the Bureau of Internal Revenue (BIR) District Office 

• Certification from the BIR and the applicant’s respective Taxpayer Identification Number (TIN), or  copy of e-registration

• Original copy of duly notarized or authenticated appointment or contract of employment signed by the applicant and their employer, indicating the job position, scope of work, duties and responsibilities, salary and benefits 

• Other documents, if required 

AEP Requirements for Employer

• Photocopy of passport with 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 of the foreign national

• Photocopy of Mayor’s Permit to operate business

• Photocopy of Certification from the PEZA or the Ecozone Authority that the company is located and operating within the ecozone, if the locators in economic zones

• Photocopy of license from PCAB or DO 18-A Registration, if a construction company

• Copy of understudy training program to be conducted by the foreign national to transfer knowledge and/or skills to the Filipino worker

• Other documents, if required

Alien Employment Permit (AEP) Application Process

To process an AEP application, you may follow this procedure: 

• Seek Assistance from a Service Provider. Seeking assistance from a service provider can ease your AEP application. With their expertise, they can assist you from gathering the required documents to monitor the status of the application. They can also offer practical solutions when you have faced any difficulties or challenges related to your application. 

• Identify the Appropriate Work Permit. Before initiating the application, it is advisable to identify the appropriate type of work permit applicable to the status of your employment. Availing assistance from a service provider would be essential on this step since they can assist you on identifying which work permit best suits your situation. 

• Prepare and Submit the Requirements. Prepare the required documents and submit them at the DOLE Regional Office or Field Office. 

• Review and Publication of Job Vacancy. Upon submission of the application along with supporting documents, the DOLE will review it and publish about the job vacancy in a newspaper of general circulation to verify that there is no qualified or available Filipino to take the job position. 

• Evaluation of Application. If there is no qualified Filipino to fill the job position, the DOLE will assess the AEP application and evaluate whether to issue a work permit. 

• Issuance of Work Permit. Once the AEP application is approved, the DOLE will issue an Alien Employment Permit (AEP). Your employee may now proceed to apply for a work visa. However, if the AEP application is still being processed, your employee may apply for a Provisional Work Permit (PWP). 

Validity of an Alien Employment Permit (AEP) Philippines

An AEP is valid for one (1) year or depending on the employment contract, but must not exceed the validity period of three (3) years. If you exceed the maximum validity period, you may apply for AEP renewal. Please note that an application for AEP renewal must be filed sixty (6) days before its expiration. 

Reasons for Denial of Alien Employment Permit (AEP) Application

An AEP application may be denied by the DOLE Regional Director due to the following reasons:

• Misrepresentation of facts in the application;

• Submission of falsified documents;

• 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 the job intended for or being performed by the foreign national. 

Consequences of Illegal Employment in the Philippines 

If a foreign national works in the Philippines without the necessary work permit, they and their employer will be held liable. Here are the immigration consequences they may face:

• Penalty. A foreign national who is found working in the country without a valid AEP and their employer must pay a fine worth of Php 10,000.00 for every year or a fraction thereof. In some cases, the DOLE may suspend the companies hiring foreign nationals without a valid work permit. 

• Deportation. A foreign national working without a valid AEP will be deported after paying the necessary penalties. Deportation is when a foreigner will be ordered to leave the Philippines and go back to his/her country.

• Imprisonment. In some cases, foreign workers caught working in the Philippines illegally will be imprisoned for three (3) months to three (3) years, depending on how serious their case is. 

• Issuance of BLO. A Blacklist Order (BLO) prohibits a foreign national from entering the country as they are seen as a risk or threat to the public safety. Therefore, working in the Philippines without a work permit can result in being included in the BLO since undocumented individuals are one of its reasons, pursuant to Philippine Immigration Act of 1940.

Other Work Permits in the Philippines

Other than Alien Employment Permit (AEP), below are some of the work permits available for foreign employees in the Philippines:

• Special Work Permit (SWP) is issued to foreign nationals whose duration of stay will not exceed three (3) to six (6) months, perform services outside of an employment arrangement, and whose activities are expressly listed under BI Operations Order JHM-2019-008. 

• Provisional Work Permit (PWP) is a temporary work permit issued to foreign nationals whose AEP is still being processed. This is valid for three (3) months or until their work visa is issued.