Update: work permit regulation

IMPACT – MEDIUM

What is the update? The Bureau of Immigration and the Department of Labor and Employment have both recently issued regulations that regulate work permit application and cancellation procedures.

The specifics:

Special Work Permit (SWP) and Provisional Work Permit (PWP) regulations:

What is the change? The Bureau of Immigration has issued new regulations that revise application and eligibility requirements for work permits.

What does the change mean? Employees must hold a valid 9(A) visa for at least 20 days prior to filing for an SWP or PWP in country. For all new and renewal SWP and PWP applications, employers must provide a notarized certification of employment. The certification must specify if the application is for a new permit or an extension and it must ensure that the foreign national will work only for the position applied for with the indicated employer. Additionally, manual workers – e.g., construction workers, security guards, warehouse caretakers – are no longer eligible for SWPs or PWPs.

• Effective date: Jan. 29.
• Business impact: Companies will have to ensure that they are providing a notarized certification of employment and that the employee has held a valid 9(A) visa for at least 20 days at the time of filing for an SWP or PWP.

Alien Employment Permits (AEPs):

What is the change? The Department of Labor and Employment issued an advisory providing additional guidelines for AEP cancellations.

What does the change mean? AEP cancellation requests must be submitted to the Employment Promotion and Workers’ Welfare department between 1 p.m. and 4 p.m. The request must be accompanied by a letter requesting cancellation, an original copy of the AEP card, an authorization letter from the company or employee and a location or map of the company.

• Effective date: March 1. The advisory was dated Feb. 18.
• Business impact: Any AEP cancellation requests submitted without the newly required accompanying documents will not be accepted.

Analysis & Comments: Companies should take into account the new regulations when submitting new and renewal work permit applications, as well as AEP cancellations.

Source: Deloitte LLP. Deloitte LLP is a limited liability partnership registered in England and Wales with registered number OC303675 and its registered office at 1 New Street Square, London EC4A 3HQ, United Kingdom.