Foreigners who want to work in the Philippines must obtain a work visa for the Philippines. In addition, they also need a work permit. These two documents are issued by different governing bodies of the Philippines.
There are three main types of work permits issued by the Philippine government:
1. Alien Employment Permit (AEP) for foreigners who have a long-term employment contract with a company in the Philippines.
Foreign nationals who must apply for AEP:
- Foreigners seeking employment in the Philippines, regardless of whether they are non-residents or refugees;
- Foreign professionals who are authorized to practice their profession in the Philippines under reciprocity agreements and other international agreements and provide consulting services under Section 7J of the PRC Modernization Act of 2000; and
- Holders of Special Investor’s Resident Visa (SIRV), Special Retiree Resident Visa (SRRV), Treaty Trader Visa (9D), or Special Non-Immigrant Visa 47A2 (PEZA Visa)as long as they hold any executive, advisory, supervisory or technical position in any institution in the Philippines.
Foreigners exempted from obtaining AEP:
- Foreign residents who work or search for work in the Philippines (DO 41-03);
- Members of diplomatic services and foreign government officials accredited by the Philippine government;
- Officers and employees of international organizations of which the Philippine government is a member, as well as their legal spouses, who wish to work in the Philippines;
- Foreign citizens elected as members of the Board, who do not hold any other position, but only have the right to vote in the corporation;
- All foreign nationals granted an exemption under special laws and all other laws which may be promulgated by the Congress;
- Foreign nationals coming to the Philippines to teach, present and/or conduct research in universities and colleges as visiting professors, exchange or adjunct professors under formal agreements between universities or colleges in the Philippines and foreign universities or colleges; or between the Philippine government and a foreign government; provided that the dismissal is carried out on a mutual basis; and
- Owners and representatives of foreign principals whose companies are accredited by the Philippine Overseas Employment Administration (POEA) who are coming to the Philippines for a limited period solely to interview Filipino job applicants abroad.
AEP requirements:
- Notarized application form;
- Request letter sent to DOLE;
- Secretary's certificate on the election of a foreign citizen to a position (for non-resident foreign citizens holding elected positions);
- A certified passport with a valid visa;
- Photocopy of the mayor's permit; and
- Photocopy of the business permit.
The procedure of obtaining an AEP:
- Submit the completed AEP form together with all required documents to the DOLE regional office at the foreigner's intended place of employment;
- If foreign nationals are to be assigned to subsidiaries, branches, joint ventures, as well as headquarters appointees with oversight functions for any operations or projects in the country, they may submit their application at any DOLE office;
- pay the relevant fees; and
- Get your AEP card at the DOLE Regional Office or file an appeal with the DOLE Secretary if the application was denied.
2. Special Work Permit (SWP) for foreigners who will work for a Philippine company or work for a short period of up to 6 months.
Any foreign national lawfully entering the Philippines on a temporary or tourist visa and intending to engage in a professional or commercial operation, but not considered to be exclusively employed locally, must apply for a Special Work Permit (SWP).
SWPs are usually issued but are limited to:
- Professional athletes who attend and participate in competitions only for a limited period;
- Foreign citizens who provide emergency or exceptional temporary services, but have not received a pre-issued work visa; and
- Artists, musicians, and other performers.
SWP requirements:
- Request letter from the applicant company.
- A notarized copy of the applicant's passport with a valid visa.
- Statement of support for the applicant company.
- A certified copy of the employment contract indicating the exact tax compensation to be received
Procedure:
- Secure a Consolidated General Application Form (CGAF) from the Bureau of Immigration;
- Submit documents for preliminary verification for processing;
- Provide a payment receipt (OPS);
- Pay the necessary fees;
- Provide a copy of the official receipt; and
- Apply for approved SWP after submitting a photocopy of receipts.
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3. Temporary Work Permit (PWP) for foreigners who have not yet received a work visa but want to start working while they wait. Valid for up to three months and will expire after the Philippines work visa is issued.
Requirements:
- Employment contract
- A photocopy of a passport with a valid visa
- Employment permit for a foreigner
- Request letter from the applicant company
- ITR of the company
- Your employer must apply for a work permit with the Department of Labor and Employment (DOLE) in the Philippines. They must do this before you start working for their company.
- It takes about 2-3 weeks to process an application for a work permit to the Philippines.
How to get a work visa to the Philippines?
After your application for a work permit to the Philippines is approved, you must apply for a work visa to Philippines at the Bureau of Immigration in the Philippines. This means that you must first enter the country on a short-term visa and then change it to a work visa to the Philippines.
The Bureau of Immigration in the Philippines can take up to three months, so you will need to extend your tourist visa while you wait. Also, if you want to start working before your work visa to the Philippines is issued, you need to get a temporary work permit.
What documents are required to obtain a work visa to the Philippines?
Documents to be submitted when applying for a work visa to the Philippines:
- Visa request letter addressed to the embassy/consulate (by you and your employer)
- A copy of your employment contract or other equivalent document stating your salary, title, duration, and nature of your employment with the company in the Philippines.
- A photocopy of the latest Income Tax Return (ITR) of your employing company
- A copy of your work permit issued by the Department of Labor and Employment in the Philippines
- Your employer must obtain a work permit to the Philippines before applying for a work visa
- A document showing the number of foreign and Filipino workers employed by the company
- A police clearance certificate issued by your country's authorities
- A health certificate, including an X-ray, issued by an authorized physician
- Any other documents requested by the Embassy/Consulate or Bureau of Immigration in the Philippines
Business visa
For business owners
- Appearance of the visa applicant
- Duly completed visa application in the Philippine Online Visa Application System (OVAS)
- Passport valid for at least six (6) months beyond the authorized period of stay in the Philippines - original and 1 photocopy of the data and signature page(s).
- Itinerary or plane ticket/booking (entry and exit); please, don’t book the ticket yet.
- Letter of invitation from the Philippine government or private organization or endorsement from the chamber of commerce (recognized by the host government) in the country where the business is located – original
- Proof of business or income: business permit, license or registration, and bank statement for the last six (6) months or tax payments.
- Hotel room reservation or any proof of hotel stay
For employees
- Appearance of the visa applicant
- Duly completed visa application in the Philippine Online Visa Application System (OVAS).
- Passport valid for at least six (6) months beyond the authorized period of stay in the Philippines
- Itinerary or plane ticket/booking (entry and exit); please, don’t book the ticket yet.
- A certificate from the place of work indicating the amount of the reward OR a letter of guarantee from the company or sponsor
- Letter of approval from the applicant's company
- Hotel reservation or any proof of stay
Foreign journalists, correspondents and film/television crews
Foreign journalists and correspondents visiting the Philippines as part of their professional activities must apply for a temporary visa.
Below are additional visa requirements for foreign journalists, correspondents, and film/television crews:
- Biographical information of the journalist/correspondent;
- A short list of credited works;
- A copy of one (1) sample article written by the applicant;
- Media organization biography, including target market/audience, circulation, format; and
- The administrative measures for working in the Philippines are as follows:
- List of members of the reporter's team, citizenship, and passport data;
- The planned itinerary and activities, as well as the plot for any films to be filmed;
- A list of equipment to be brought by each team member, with an assurance from the media organization that this equipment will be re-exported after the trip to the Philippines;
- Flight information (arrival and departure); and
- One photograph per team member to submit to the International Press Center (IPC) for issuance of the accreditation card.
Upon arrival in the Philippines, journalists will be required to report to the IPC for accreditation.
Foreign citizens on board private yachts or sailboats
A temporary visitor visa is required for foreign nationals traveling to the Philippines aboard private yachts and sailboats. When applying for a visa, applicants will be required to provide the following information about the yacht/sailboat and crew members:
- Crew list;
- Nationality/citizenship;
- Passport data of crew members;
- Vessel to be used for entry: type, name, registration, call sign and other data;
- Estimated date of entry into the territory of the Philippines;
- Port/area of entry (Philippine waters);
- Intended period of stay in the Philippines;
- Character/shipping agent in the Philippines (if applicable); and
- The purpose of the visit
When entering the Philippines, yacht and sailboat crew are required to immediately register at the nearest Coast Guard post and submit the yacht/sailboat for customs, immigration, and quarantine inspection.
Work visa 9G
The 9G work visa is intended for any foreign national who will work in the Philippines and hold a technical, executive, managerial or highly confidential position in a company for at least one year.
Requirements for a 9G visa:
- Request letter from the applicant company;
- Completed and duly certified application form (form MCL-07-01);
- Alien Employment Permit (AEP);
- Certificate of Authorization issued by the Bureau of Immigration (BI);
- Any other documents that will help in the evaluation process;
- A certified copy of the passport showing a valid visa; and
- Certified copies of the marriage contract, birth certificate (attested by Philippine Embassy if issued abroad) if accompanied by a spouse and unmarried children under 21 years of age.
Registration process
- Obtain an Alien Employment Permit (AEP) from the Department of Labor and Employment (DOLE) and establish that no person in the Philippines is willing or able to fulfill the position and function for which the foreigner is being employed;
- Submit a letter to the BI stating that the admission of the alien(s) would be beneficial to the public interest; and
- During the approval process, the proposed alien may apply for a Special Work Permit (SWP), which is issued for 3 months while the 9G visa is issued.
- 9G visas are only valid for the duration of the AEP or current employment contract (whichever is shorter), and similar visas issued to dependents are valid concurrently with the duration of the principal visa. Foreign nationals with companies registered in the Board of Investments (BOI), Philippine Economic Zone Authority (PEZA), and Top 1000 Corporations are given priority.
9D Treaty Trader visa
Under Section 9D of the Philippine Immigration Act, a foreign investor is eligible to enter the Philippines as a treaty trader if they are a national of a country with which the Philippines has an agreement on the admission of treaty traders or investors. Currently, the Philippines has such an agreement with the US, Japan, and Germany. The term "treaty trader" includes any contract investor or foreigner working for the contract investor in a supervisory or executive capacity. An employee seeking a 9D visa must be of the same nationality as the major shareholder of the sponsoring firm.
In addition to these requirements, the foreign investor must prove that: they or their employer intends to carry on "substantial trade" between the Philippines and their home country, or they intend to develop and manage an enterprise in which they or their employer have invested or are in the process of investing a substantial amount of capital. Substantial trade refers to a non-nationalized business with an investment of at least 120,000 dollars and an equally important factor in the volume of business carried on.
Requirements for obtaining a 9D visa:
- A letter of request from the petitioning company;
- completed and duly notarized application form (form MCL-07-01);
- Alien Employment Permit (AEP);
- Clearance certificate issued by the Bureau of Immigration (BI);
- Any other documents that will help in the evaluation process;
- A certified copy of a passport with a valid visa; and
- Certified copies of the marriage contract, birth certificate (attested by Philippine Embassy if issued abroad) if accompanied by a spouse and unmarried children under 21 years of age.
Procedure:
- Obtain an AEP from DOLE and establish that no person residing in the Philippines is willing or able to fulfill the position and services for which the foreigner is hired;
- Submit a letter to the BI stating that the alien's admission will be beneficial to the public interest;
- During the approval process, the prospective foreign national may apply for a Special Work Permit (SWP), which is issued for 3 months while the visa is being processed.
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Special Employment Generation Visa (SVEG)
This is a special visa issued to a qualified non-immigrant alien who factually employs at least 10 Filipinos in a legitimate and sustainable enterprise, trade, or industry. Qualified aliens granted SVEG are considered special non-immigrants with multiple entries and conditional long-term stay privileges without the need to first leave the Philippines.
SVEG benefits apply to the qualifying alien, their spouse, and dependent unmarried child/children under the age of 18, whether legitimate, illegitimate or adopted.
SVEG requirements.
- Non-immigrant aliens who wish to receive SVEG must meet the following conditions:
- The foreigner must be factually, directly, or exclusively engaged in a viable and sustainable commercial investment/business in the Philippines, perform supervisory functions or have the authority to hire, promote and fire employees;
- They demonstrate a sincere intention to remain in the Philippines indefinitely;
- They do not pose a risk to the national security of the Philippines, and
- The foreigner's commercial investment or enterprise must provide factual employment to at least 10 Filipinos in accordance with Philippine labor laws and other applicable special laws.
These requirements must be met by the foreigner every year for them to remain an SVEG owner.
SVEG application process
- Upon payment of the prescribed fees, the Commissioner of Immigration accepts and processes SVEG applications within 15 days of submission.
- After a positive decision, the Commissioner of Immigration issues a Notice of Approval, which directs the foreign applicant to appear at the Bureau of Immigration for registration and processing of documents. After payment of the relevant fees, an Alien Registration Certificate I-card (ACR) and an Identification Card (IC) are issued.
- If the application is rejected, the Commission issues a rejection notice informing the foreign applicant of the rejection of the application. The applicant can submit a request for review of the case within 15 days after receiving the refusal.
The Commissioner of Immigration must monitor foreigners' continued compliance with the SVEG requirements.
PEZA Visa
According to Section 47A2 of the Immigration Law of the Philippines, a PEZA visa may be issued to foreign investors by the Secretary of the Department of Justice (DOJ) based on public interest or public policy. This visa is usually issued to foreign employees of regional headquarters, regional operational headquarters, or those working on special projects in economic zones.
Examples of public interest investing industries include oil exploration, power generation, infrastructure, and companies registered with the Philippine Economic Zones Authority (PEZA) and the Board of Investments (BOI).
Requirements:
BOI
- BOI application form;
- A duly signed undertaking in the form of a resolution of the board of directors;
- Student information sheet, student designation, and student program of study (if applicable);
- Certified passport with a valid visa;
- A Secretary’s Certificate that allows the application of a Special Non-Immigrant Visa (for elected officials);
- Affidavit of Support from a BOI registered company;
- Organizational chart of the company; and
- Resume and biographical data of a foreigner applying for a visa.
PEZA
- Request letter to PEZA on behalf of the company;
- Certified passport with a valid visa;
- Secretary's Certificate authorizing application for a Special Non-Immigrant Visa (for elected officials);
- Current service contract;
- Resume and biographical certificate of a foreigner applying for a visa.
Department of Justice
- DOJ application form;
- Certificate of BOI/PEZA Registration and the terms and conditions;
- Passport with a valid visa;
- A Secretary’s Certificate authorizing application for a Special Non-Immigrant Visa (for elected officials);
- Current service contract (for non-elected positions); and
- Affidavit of Support from a BOI/PEZA registered company.
Procedure:
- Apply to the relevant government agency (e.g. BOI, PEZA, DOA);
- The government agency approves the application at the Ministry of Justice, and
- DOJ approves the application and forwards it to BI for implementation.
