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IMPACT – MEDIUM
What is the change? The Philippines Bureau of Immigration is accepting “Letters of Undertaking” from applicants whose visa applications are not complete but whose filing deadline is approaching.
What does the change mean? The “Letter of Undertaking” promises that the applicant will submit key supporting documents within 60 days of the visa application submission.
Background: On June 11, the Bureau of Immigration (BI) issued the new rule in Operations Order No. SBM-2014-23. The order allows applicants to submit a “Letter of Undertaking,” which gives them a maximum period of 60 days from the date of filing the application to submit additional supporting documents that require authentication abroad. These documents, which often must be notarized or legalized and translated, include National Bureau of Investigation (NBI) clearance, police clearance, birth and marriage certificates and family registers.
The BI requires that the “Letter of Undertaking” be completed in a prescribed format. If the applicant does not produce the supporting documents within 60 days of filing the application, the applicant is considered to have forfeited the approved visa.
BAL Analysis: This rule buys applicants some extra time to gather and authenticate documents abroad, which can be a lengthy process, and gives foreign assignees some peace of mind that their applications will not be late because of processes that are outside their control.
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.
Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
What is the change? Employer sponsors of foreign nationals who are applying for 9(g) Commercial Visas must send a company representative to each applicant’s interview.
What does the change mean? Employers must appoint an appropriate representative to appear in person.
Background: In the past, only the employee was required to appear at the interview for a 9(g) Commercial Visa. Now, however, the employer must also send a corporate representative to the interview. The Top 1000 companies in the Philippines are exempt from the new rule.
The new requirement sets out who may represent different types of employers. A corporation or partnership must designate an executive officer who is required to be identified in the Articles of Incorporation or Partnership or on its most recent General Information Sheet. Alternatively, the executive officer may authorize a non-executive officer to act as the corporate representative through a notarized special power of attorney. If prepared outside the Philippines, the notarized special power of attorney must also be legalized at a Philippine Embassy to qualify for acceptance by the Bureau of Immigration. Under no circumstances can executive officers authorize the company’s lawyers, liaison officers or travel agents to representative the company at the 9(g) interview, even through a special power of attorney. An employer who is a sole proprietor can only be represented by the registered owner, identified in the Certificate of Business Registration issued by the Department of Trade and Industry.
BAL Analysis: The new rule introduces a significant responsibility and procedural burden on employers. Employers should be prepared to designate and properly authorize their representative as soon as possible in order to avoid delays in the processing of their employees’ 9(g) visa applications.
IMPACT – HIGH
What is the change? A new rule mandates that foreign workers who want to work while their Alien Employment Permit applications are pending must first apply for provisional work permits.
What does the change mean? Foreign assignees will have to wait longer before they can start work.
Background: Last December, the Philippine Bureau of Immigration announced the new measure in Operation Order SBM-No. 2013-019. Enforcement of the order was on hold until now.
The order states that foreigners with pending applications for Alien Employment Permits or 9(g) Pre-arranged Employment visas must secure provisional work permits (PWP) before starting work. The PWP will be valid for three months or until a work visa is issued, whichever happens first.
The employer must submit several documents to apply for a provisional work permit, including a letter stating that it will withhold taxes on the employee’s income, an employment contract, the employee’s passport, a tax I.D. number, incorporation papers, and an application form.
BAL Analysis: The new rules represent a major change in the steps required for foreign workers to obtain work authorization and begin work. The rules add to the documentary burden on employers and applicants, and delay when applicants may legally start work by as much as three weeks. Employers should be aware of the changes and plan accordingly.
What are the changes? The Philippine Bureau of Immigration is now strictly enforcing the requirement that foreign nationals personally appear to file their annual report.
What does the change mean? Foreign nationals living in the Philippines can generally no longer have third-party representatives submit their annual reports.
Background: Philippine regulations require that all foreign nationals who hold an ACRI card submit an annual report during the first 60 days of each calendar year. Previously, common practice at the Bureau of Immigration allowed third-party representatives to submit the annual report on a foreign national’s behalf. However, the Bureau of Immigration released Memorandum Circular No. SBM No. 2013-002 in mid-December, stating that all 2014 annual reports must be submitted in person. Foreign nationals younger than 14 and older than 65 are exempt from personal appearances. Otherwise, exceptions can only be requested in very limited circumstances, such as the foreign national’s long-term hospitalization.
Foreign nationals who are travelling outside the Philippines during the first 60 days of the year must submit their annual report within 30 days of returning to the Philippines. Immigration experts are still allowed to assist with the preparation and notarization of the annual report and to provide guidance for scheduling appointments with the Bureau of Immigration.
BAL Analysis: Foreign nationals should take note of the enforcement of the personal appearance requirement and schedule an appointment to appear at their local Bureau of Immigration office to submit their annual report and fees before the end of February. Frequent travelers should allow themselves time to fulfill this reporting requirement.
This alert is provided by the BAL Global Practice group and our network provider located in the Philippines. For additional information, please contact GlobalVisaGroup@bal.com.
In the Manila metropolitan area, government offices have closed due to torrential rain and heavy flooding over the past few days. As a result, clients with interests in the Philippines should expect delays in immigration processing, as the offices have suspended work today. It is not yet known when the offices will reopen, but storms are forecast to continue for the next several days. BAL will provide updates as they become available.
This alert has been provided by the BAL Global Practice group and our network provider located in the Philippines. For additional information, please contact GlobalVisaGroup@bal.com.
As of Aug. 1, foreign workers will more easily be able to begin the in-country work permit process, and will have more time for certain permitted business activities. As of this date, the Philippines is extending the visa-free stay period from 21 days to 30 days. The change does not affect Israeli and Brazilian nationals, who will continue to be admitted for an initial visa-free stay of 59 days.
To receive visa-free entry into the Philippines, eligible foreign nationals’ passports must be valid for at least six months beyond the intended period of stay. The foreign national must also possess return or onward travel tickets.
While visiting on business, individuals with visa-free status may:
Lengthening the period of visa-free stay is part of an effort to increase foreign tourism. Last month, the government announced a switch from visa stamps to stickers in an effort to protect tourists from fraud and counterfeit scams.
For additional information on Philippine immigration matters, please contact GlobalVisaGroup@bal.com.