Work Visas for the Philippines

The 9(g) or Pre-Arranged Employee Visa Commercial is the most common type of work visa availed by foreign nationals engaged in gainful employment in the Philippines.  This visa entitles the holder multiple entries and exits into and out of the country while working with a company registered or licensed to do business and existing under Philippine laws.  With the 9g visa, the foreigner is entitled to legitimately work and stay in the country for a duration approved by the Bureau of Immigration, which should correspond with his employment contract.

A requisite to this visa is the Alien Employment Permit (AEP),  issued by the Department of Labor and Employment (DOLE).

While waiting for the approval of the 9g visa, the applicant who wishes to stay in the country even with an AEP, should continuously update his immigration status by extending his tourist visa. An important point to remember is that we can only start the processing of the AEP application when the employer-company has already secured its local/city business permit.

If the foreign employee is required to start working immediately even while the the visa is in process, a Provisional Work Permit (PWP)  can be an alternative option. The PWP is a document, which authorizes the foreigner to start working even while the AEP or 9g visa is still in process. It can be filed as soon as the AEP application is filed.

Foreign nationals who are engaged in missionary, social, rehabilitation, and medical mission can apply for the 9(g) or Pre-Arranged Employee Visa Non- Commercial Visa (Missionary Visa). A locally registered company can serve as the Petitioner of the visa application. The applicant national must be involved in the community immersion project in a community or assigned location. The applicant must also not be receiving or generating income from the local company.

The visa is valid for one (1) year and renewable thereafter as long as the engagement is existing.

Section 47(A)(2) of the Philippine Immigration Act of 1940, as amended, allows the President to admit as non-immigrants, foreign nationals who are coming for a temporary period only, under conditions as he may prescribe. This consequently paved the way for the creation of special visas, under special laws, for investors or employees of PEZA and/or BOI-registered companies or those in the oil-drilling industries.

This type of visa requires the employer’s sponsorship and is valid for the duration of the contract/term of office or for one (1) year, whichever is shorter. It is a company-specific visa that limits the percentage of foreign national employees to less than 5% of the total workforce. Holders of this visa are exempted from ACR I-card requirement.

The Special Non-Immigrant Multiple Entry Visa is issued pursuant to Book III Article 60 of Executive Order No. 226, as amended by Republic Act No. 8756, to foreign personnel, their respective spouses, and unmarried children under twenty-one (21) years of age, of regional or area headquarters of multinational companies.  The visa shall be valid for a period of three (3) years to enter the Philippines or equivalent with the applicant’s employment contract with the headquarters.

To qualify for the visa, the foreigner-applicant must be an EXECUTIVE of the applicant-company, will work EXCLUSIVELY for applicant’s regional or area headquarters or regional operating headquarters, will receive a salary, and will be paid by the headquarters in the Philippines an amount equivalent to at least twelve thousand United States Dollars (US$12,000), or the equivalent in other foreign currencies, per annum. This will have to be certified under oath by a responsible officer of the applicant-company.

On top of the multiple entry privilege, the visa holder shall also have the benefit of getting the following incentives:

1.  Exemption from payment of all fees due under immigration and alien registration laws;
2.  Exemption from securing alien certificates of registration (or ACR I-Card);
3.  Exemption from obtaining emigration clearance certificates (or ECC)
4. Exemption from all types of clearance required by any government department or agency, except upon final departure from the Philippines (including AEP from DOLE).
5.  Withholding tax of 15% on compensation income.
6.  Tax and duty free importation of personal and household effects
7.  Travel tax exemptionSection 47(A)(2) of the Philippine Immigration Act of 1940, as amended, allows the President to admit as non-immigrants, foreign nationals who are coming for a temporary period only, under conditions as he may prescribe. This consequently paved the way for the creation of special visas, under special laws, for investors or employees of PEZA and/or BOI-registered companies or those in the oil-drilling industries.

Special Resident Visas are issued to foreign nationals who are coming to the Philippines for indefinite stay or permanent living whether for work, employment generation, investment or retirement purposes. Classifications of the resident visa may vary from investment conditions and types of retirement.

The Special Investor Resident Visa (SIRV) entitles the holder to reside indefinitely in the Philippines, permitting multiple entry privileges, so long as his investments remain in the Philippines. The SIRV is issued by the Bureau of Immigration (BI) upon endorsement of the Board of Investments.  

The SIRV program requires investors to remit at least US$75,000 into the Philippines and invest subject capital in favorable economic activities pursuant to Book V of the Omnibus Investments Code (Executive Order No. 226, as amended). The applicant can remit his investments through any accredited depository bank in the Philippines, i.e. the Land Bank of the Philippines (LBP) and/or the Development Bank of the Philippines (DBP).

Any foreign national, who is at least twenty-one (21) years of age, is eligible to apply for an SIRV provided he meets the following requirements: (1) he has not been convicted of a crime involving moral injustice; (2) he is not afflicted with any dangerous or contagious disease; (3) he has not been institutionalized for any mental disorder or disability and; (4) he is willing and able to invest the amount of at least US$75,000. The applicant may be joined by his dependents, who can be his/her spouse and/or his unmarried children under 21 years old.

For purposes of securing an SIRV, only investments/shares of stocks in existing, new or proposed corporations shall be allowed/accepted as eligible forms of investment:

• Publicly-listed companies;
• Companies engaged in areas listed in the Investment Priorities Plan (IPP) of the Board of Investments. (The IPP is a list of priority areas of economic activities which the Government promotes for investments.); and
• Companies engaged in the manufacturing and services sectors.

Ownership of stocks in corporations engaged in wholesale trading shall not be allowed, as well as investments in condominium units or partnerships.

The Special Visa for Employment Generation (SVEG) entitles the holder to reside in the Philippines, permitting multiple entry privileges, so long as his investments, as well as the other requirements, remain in the Philippines. The SVEG is issued by the Bureau of Immigration (BI) upon endorsement of the Department of Labor and Employment (DOLE).  Foreign nationals who are granted SVEG shall be considered special non-immigrants with multiple entry privileges and conditional extended stay, without need of prior departure from the Philippines.

The privileges of SVEG may extend to the legal spouse of the qualified foreign national as well as their unmarried children below eighteen (18) years of age, whether legitimate, illegitimate or adopted. The special non-immigrant status of children of SVEG holders shall cease upon reaching the age of eighteen (18), in which case, they are required to downgrade their visas to temporary visitor’s visa.

Subject to the restrictions imposed by the Constitution and existing laws, the SVEG shall be issued to a foreign national who shall employ at least ten (10) Filipinos in a lawful and sustainable enterprise, trade or industry in the Philippines. The foreign national shall actually, directly, and exclusively engage in a sustainable investment in the Philippines and perform management acts or the authority to hire, promote, and dismiss employees therein.

The Special Resident Retiree's Visa (SRRV)  entitles the holder to reside during his lifetime in the Philippines, permitting multiple entry privileges, so long as the requirements of the visa remain in the Philippines. 

The SRRV is issued by the Bureau of Immigration upon endorsement of the Philippine Retirement Authority (PRA).

The SRRV program of the PRA requires the foreign national to have a certain amount of deposit in any PRA-accredited bank in the Philippines. The amount has to be deposited via inward remittance.  

There are different SRRV Programs available. The amount of bank deposit requirement depends on the program being applied for. Any foreigner, who is at least Fifty (50) years of age, is eligible to apply for an SRRV provided they meet at least one of the SRRV programs’ requirements.  The applicant may be joined by his dependents, who can be his/her spouse and/or his unmarried children under 21 years old. The number of dependents to be included in the application may vary from the amount of required deposit and may be subject to the conditions of the program.

The deposit may be converted into an active investment. The total amount of investment must be at least US$50,000 for conversion to be allowed. There are programs which only allow qualified retirees to convert their time deposit into active investments after a holding period of thirty (30) days from the date of SRRV issuance.  He can choose to invest their deposit through the following means:

• Purchase, acquisition, and ownership of a condominium unit;
• Long-term lease of house and lot, condominium or townhouse for a period not shorter than twenty (20) years; or
• Purchase, acquisition, and ownership of golf or country club shares.

The SRRV holder will be exempted from securing an Alien Certificate Registration Identity Card (ACR I-Card).  Such general requirement by the BI is replaced with a PRA Membership Identity Card.