Episode 14: How to get a working visa in the Philippines?

Summary

This episode of 'Legally Sis' discusses working visas in the Philippines, focusing on the 9g visa process. It covers key requirements, such as the Alien Employment Permit (AEP) from the Department of Labor and Employment (DOLE), necessary documentation, and the role of the Bureau of Immigration. The podcast explains the steps involved, including the labor market test, the need for a sponsoring company, and timelines for visa processing. Additionally, it highlights challenges, bottlenecks, and offers advice on navigating the bureaucratic process with the help of accredited agencies or law firms.

Takeaways

• 😀 A working visa allows a foreigner to stay in the Philippines for employment purposes, specifically a 9g Visa for workers.
• 😀 To secure a working visa, a foreigner must first obtain an Alien Employment Permit (AEP) from the Department of Labor and Employment (DOLE).
• 😀 The AEP requires a labor market test to ensure no qualified Filipino can perform the foreigner's job, and positions must be published in the newspaper to check for objections.
• 😀 The employer sponsoring the foreigner must have a minimum capital of 10 million pesos and be registered with the appropriate agencies in the Philippines.
• 😀 Foreign employees can also be sponsored by a foreign entity working with a Philippine company under a subcontracting arrangement.
• 😀 After obtaining the AEP, the foreign worker must proceed to the Bureau of Immigration (BI) for the 9g Visa application.
• 😀 For a smooth visa application process, working with an accredited employer or law firm is recommended, as it eases the navigation of both the DOLE and BI processes.
• 😀 The foreigner does not need to be present for the DOLE process, but they must be in the Philippines to complete their biometric requirements at the Bureau of Immigration.
• 😀 Visa processing can take about 6 months, with the DOLE portion taking 6-8 weeks and the Bureau of Immigration portion taking about 3-4 months.
• 😀 Foreigners can apply for a Provisional Work Permit (PWP) while their 9g Visa is pending, allowing them to work during the waiting period.
• 😀 If a foreigner’s position or company changes, the visa renewal process requires restarting the application process, leading to a new 1-year visa.

Q & A

What is a working Visa, and why is it important?

A working Visa is a document that allows a foreigner to stay in a country for the purpose of employment. It is crucial because it legally permits foreign workers to be employed in a foreign country, ensuring compliance with immigration and labor laws.

What is the 9g Visa in the Philippines?

The 9g Visa is the specific type of Visa issued to foreigners who wish to work in the Philippines. It is part of the process that follows securing an Alien Employment Permit (AEP) from the Department of Labor and Employment (DOLE).

What is the Alien Employment Permit (AEP), and why is it required?

The Alien Employment Permit (AEP) is a document issued by the Department of Labor and Employment (DOLE) that is required for a foreigner to legally work in the Philippines. It ensures that no Filipino worker is available to fill the position before a foreigner is hired.

What is the role of the Department of Labor and Employment (DOLE) in the Visa process?

DOLE plays a critical role in the working Visa process by assessing the labor market and determining if there are qualified Filipinos to fill a position. They also issue the Alien Employment Permit (AEP) before a foreigner can apply for a 9g Visa.

What are the requirements for obtaining an AEP?

To obtain an AEP, the position must first be published in a newspaper of general circulation to ensure that no qualified Filipino is available for the role. Other requirements include business permits, financial statements, and registration with DOLE.

Can a foreigner work in the Philippines without a sponsoring company?

It is generally required for a foreigner to have a sponsoring company. However, in specific cases like technical jobs, a foreign company can subcontract work to a Philippine entity, which can then sponsor the foreign worker for a Visa.

How long does it take to get approval for a working Visa in the Philippines?

The approval process for a working Visa in the Philippines can take several months. The AEP from DOLE typically takes 6-8 weeks, while the 9g Visa from the Bureau of Immigration can take 3-4 months, meaning the entire process can take around 6 months.

Can a foreigner apply for a working Visa if they are outside the Philippines?

A foreigner can apply for the Alien Employment Permit (AEP) while outside the Philippines, but they must be present in the country to apply for the 9g Visa. However, it is possible to leave the country during the application process and return when the Visa is ready to be filed.

What are some common issues that can delay the working Visa application process?

Delays in the working Visa process can happen due to missing or outdated documents like business permits, audited financial statements, or tax identification numbers. These issues can cause bottlenecks, especially during the first quarter when financial documents are often not available.

How long is the validity of the 9g Visa, and can it be renewed?

The initial 9g Visa is typically valid for one year. However, it can be renewed for a maximum of three years. If a foreign worker is promoted or their job title changes, they must reapply for a new Visa, which starts the process over again.