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IMPACT – MEDIUM
What is the change? The Philippines will open designated airport lanes for nationals of Association of Southeast Asian Nations member countries.
What does the change mean? The new lanes will speed business travel for travelers holding passports and other travel documents from members of the Southeast Asian bloc.
Background: Under Operations Order No. SBM-2014-064, the Philippines has approved designated lanes in the arrival and departure immigration areas of Manila International Airport (Ninoy Aquino International Airport) for nationals of ASEAN member states. ASEAN comprises Brunei Darussalam, Cambodia, Indonesia, Laos (Lao PDR), Malaysia, Myanmar, the Philippines, Singapore, Thailand and Vietnam.
BAL Analysis: When the new lanes are open, business travelers from affected countries will be able to move more quickly through immigration areas when flying into and out of the Philippines’ main international airport in Manila.
This alert has been provided by the BAL Global Practice group and our network provider located in the Philippines.
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What is the change? The Philippines will exempt certain foreign nationals from appearing in person to file mandatory Annual Report forms within the first 60 days of the new year.
What does the change mean? A Bureau of Immigration order allows foreign nationals who meet four criteria to submit Annual Report forms via their legal representatives.
Background: Foreign nationals are generally required to make an Annual Report filing within the first 60 days of a calendar year. Last year, authorities disallowed filing of Annual Reports by third parties, requiring foreign nationals to appear in person.
In 2015, the Bureau of Immigration will resume third-party filing as long as a foreign national filed an Annual Report in person in 2014, submits a special power of attorney with a valid government-issued ID of their legal representative, pays 500 Philippine pesos (about US$10) for nonappearance, and is in compliance with all immigration and alien registration laws under the Philippine Immigration Act of 1940 as amended and the Alien Registration Act of 1950.
Foreign nationals who do not meet the exemption criteria must appear in person either at the Bureau of Immigration’s main office if they live in metropolitan Manila, or at a branch office having jurisdiction over their place of residence. Parents or legal guardians must report on behalf of children under 14 years old.
Those who failed to submit their Annual Report forms in 2014 must appear in person in 2015 and present their original Alien Certificate of Registration Identity Card (ACR I-Card) and a printed confirmation number with other details issued through the Annual Report 2015 online system .
BAL Analysis: Foreign nationals are reminded to submit their Annual Report by the end of February 2015. The exemptions represent a loosening of strict in-person filing requirements imposed last year.
This alert has been provided by the BAL Global Practice group and our network provider located in the Philippines. For additional information, please contact your BAL attorney.
IMPACT – LOW
What is the change? As part of an ongoing effort to track foreign nationals and deport immigration violators, the government is offering monetary rewards for those who successfully report foreign nationals who have overstayed their visas.
What does the change mean? The Bureau of Immigration has put in place a system for individuals to anonymously report overstaying foreigners by sending a text message to confidential phone lines. If information leads to the deportation of the suspected overstay, the BI will pay the informant a reward.
Background: The BI explained its “Reward and Incentive Program” in Memorandum Circular No. SBM-2014-017. The purpose is to reduce the number of foreign visitors overstaying their visas by providing monetary incentives to informants who report them to authorities. The BI National Operations Center has set up three mobile phone lines to receive text messages from informants. The BI is obligated to investigate the immigration status of foreigners accused of overstaying their visas and report them to the Bureau’s legal department, which will file deportation orders if warranted. If a foreigner is deported based on information from an informant, the informant is entitled to 2,000 Philippine pesos (around US$45).
BAL Analysis: The program is another sign that the Philippines is treating visa overstays seriously. Companies who have employees working in the Philippines on Special Work Permits, in particular, should be sure that they maintain a valid 9(a) visa throughout the course of the assignment.
What is the change? The Bureau of Immigration has approved new procedures aimed at expediting the process for foreign nationals converting to 9(g) Commercial Visas.
What does the change mean? In certain circumstances, a 9(g) visa application will be sent directly to the agency’s legal division for review and a hearing will no longer be required.
Background: The new procedures apply to applicants who want to convert to a 9(g) visa where the Department of Labor has granted a one-year Alien Employment Permit or where the employment contract is good for only one year. In those cases, the 9(g) conversion application will be forwarded to the BI’s legal division for review by the legal staff, then the chief of the division, and finally by the office of the executive director. If the conversion application is approved by the BI, the executive director must issue the visa. Even if a hearing is no longer necessary, the foreign employee will still need to make a biometrics appointment, typically within a week of submitting the 9(g) visa application.
BAL Analysis: Qualified 9(g) applications that are sent directly to the legal division first may experience faster processing times. However, it will likely take several weeks to determine how much time is saved in the overall process.
IMPACT – HIGH
What is the change? The Philippines now requires that foreigners applying for an Emigration Clearance Certificate must first register with the new Alien Registration Project.
What does the change mean? Many foreign nationals, including those who downgraded their visas, must register with the Project and obtain a Special Security Registration Number before applying for the certificate.
Background: The Bureau of Immigration recently implemented an Alien Registration Project to register all foreigners, capture their biometric data and issue them a special security registration number. On Oct. 14, the Bureau began requiring that foreign nationals register with the Project before applying for an Emigration Clearance Certificate. Foreigners in the following categories are required to obtain the certificate before exiting the Philippines:
Holders of Immigrant and Non-Immigrant visas with valid ACR I-Cards who are leaving the country temporarily are exempt from making an in-person appearance as the Alien Registration Project should automatically generate a special security registration number that appears on new ACR I-Cards. Registered aliens with valid ACR I-Cards may request a new ACR I-Card with the security registration number for a re-issuance fee or approximately US $20.
BAL Analysis: The new rule is in keeping with the Philippines’ move to account for all foreign nationals. Foreign nationals should expect mandatory registration to expand over the coming months.
What is the change? The Philippines has granted visa-free entry to certain Chinese and Indian nationals.
What does the change mean? Chinese and Indian nationals holding a valid and current American, Australian, Canadian, Japanese or Schengen visa may enter the Philippines without a visa for seven days.
Background: In addition to the requirement that they hold a current and valid visa for one of the enumerated jurisdictions, a Chinese or Indian national must also hold a return or onward ticket to a destination country, have at least six months of validity on their passport beyond their anticipated stay, and have no negative record with the Philippines’ Bureau of Immigration in order to qualify for visa-free entry.
The seven-day visa-free stay may be extended by 14 days for a maximum duration of 21 days.
BAL Analysis: Eligible travelers should note that they cannot convert a visa-free entry to any other visa category.
What is the change? The Philippines’ Bureau of Immigration (BI) has introduced an Alien Registration Project to register all foreigners, capture their biometric data and issue them a special security registration number.
What does the change mean? The program is voluntary at this time, despite an initial announcement that it will be mandatory.
Background: The Alien Registration Project will change the process for 9(a) tourist visa holders who seek an extension beyond 59 days, as well as for Special Work Permit holders. Both of these visas did not previously require in-person appearances, but now will include a biometrics appointment when they apply for an Alien Certificate of Registration Identity Card (ACR I-Card).
Foreign nationals exempt from registration include:
To register under the Alien Registration Project, foreign nationals must download an application form, submit it along with identification at a Bureau office, sit for fingerprints and photo to be encoded in the agency’s database, and pay government fees of US $50 for a new ACR I-Card (or US $20 for re-issuance of an ACR I-Card). Registrants will obtain a special security registration number the same day and their ACR I-Card will be mailed to them.
BAL Analysis: Foreign nationals are on notice that the Alien Registration Project has begun and that it is likely to become mandatory. The Bureau’s initial announcement not only mandated registration but said that failure to register would result in monetary penalties or arrest and deportation of individuals found in violation of immigration laws. It later announced that registration will be voluntary during the rollout so the systems can handle the high volume.
What is the change? The Philippine Bureau of Immigration (BI) has exempted some foreigners from a rule that requires a police clearance for all foreigners under an order to leave the country.
What does the change mean? Foreigners who held Philippine Economic Zone Authority (PEZA) 47(a)(2) visas and are under an order to leave are now exempt from the rule.
Background: In July, the BI issued an order requiring all foreigners under an order to leave to submit a clearance from the National Bureau of Investigation (NBI) before departing the country.
On Aug. 12, upon recommendation by the PEZA extension office, the BI decided to exempt foreign nationals issued PEZA 47(a)(2) visas who were under an automatic order to leave because they downgraded to 9(a) visitors’ visas. The BI found that the rule was overly burdensome on those foreigners and recognized that there is a substantial difference between foreigners automatically under an order to leave because of a downgrading of their visas and foreigners who are ordered to leave because they have overstayed their visas for a long period of time.
BAL Analysis: Other foreign nationals who have overstayed their visas are still subject to the requirement that they obtain an NBI clearance before leaving the country.
What is the change? The Philippines has issued a new operations order requiring foreigners who have been ordered to leave to provide criminal clearance before they exit.
What does the change mean? Foreign nationals who are under an order to leave must submit a National Bureau of Investigation (NBI) Clearance to prove that they do not have outstanding criminal penalties and are not required to appear in court before they leave the country.
Background: The Philippines Bureau of Immigration announced the change in Operations Order No. SBM-2014-030 on July 7. The BI has been recently cracking down on 47(a)(2) visa extensions and changes of status.
The new requirement applies for all orders to leave, including those for expired 47(a)(2) visas, disallowed downgrading of visas, overstays and deportation complaints.
BAL Analysis: Foreign workers who are ordered to leave should be aware of this new rule and allow extra time to fulfill this new documentary requirement.
What is the change? In an amended order, the Bureau of Immigration now allows legal counsel to appear as a corporate representative at the applicant’s interview for the 9(g) Commercial Visa.
What does the change mean? Legal counsel may represent and appear at the 9(g) interview on behalf of a corporation, partnership or sole proprietor so long as they are authorized through a special power of attorney issued by the corporate officer who signed the corporate filings.
Background: The original order was a response to fraudulent 9(g) applications made without the knowledge of corporate sponsors. The original order specifically excluded corporate legal counsel from serving as legitimate representatives for purposes of the 9(g) appearance.
The revised order, Operations Order No. SBM-2014-020A, says that legal counsel for a corporation, partnership or single proprietorship may appear on behalf of the entity, its executive officers or registered owner provided they are authorized through a special power of attorney issued by the officer who signed the Consolidated General Application Form (CGAF) or the board of directors’ resolution or the corporate secretary’s certificate.
BAL Analysis: The revised regulation gives companies more flexibility to fulfill the 9(g) interview requirement.