Immigration and the Alien Employment Permit

The two most common visas for foreigners intending to settle in the Philippines are the working visa (9G) and the Special Retirees Residence Visa (SRRV).

The 9G visa requires a pre-arranged employment with an employer for certain jobs where there are no available competent, willing and able Filipino at the time of the application. More often than not, these are positions requiring special skills or training.

But before a 9G visa can be applied for, an Alien Employment Permit is required. This is in consonance with Article 40 of the Labor Code of the Philippines as amended, which mandates that any alien seeking admission to the Philippines for employment purposes and any domestic or foreign employer who desires to engage an alien for employment in the Philippines shall obtain an employment permit from the Department of Labor and Employment (DOLE).

For a new AEP applicant to be considered, the prospective employer needs to publish that it is hiring for the job in a newspaper of general circulation. Fifteen days thereafter, the AEP application can proceed, with the affidavit from the prospective employer that no one applied for or was hired for the position. Other documents needed to be submitted with the application are the following:

a) 2x2 picture of the applicant;

b) Applicant’s passport with valid visa;

c) Employment Contract or Secretary’s Certificate of election to the Board of Directors in case the applicant become a member of the Board;

d) Business Permit and DTI Certificate, in case of single proprietorship, or Certificate of Incorporation, By-laws and GIS in case the prospective employer is a corporation;

e) TIN of the applicant, BIR Form 1904 or 1902; The process will take about 5 working days, after which the applicant will be granted an AEP I.D. Card. The work permit is for a minimum of 1 year and a maximum of 3 years.

After the AEP Card is issued, the DOLE will publish that the application has been approved. Ordinarily, the applicant has to appear in person once before the DOLE.

(prepared in collaboration with Cris Anthony La Rosa)

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