IMPACT – MEDIUM

The Department of Labor and Employment (DOLE) has issued guidance on proof of publication submissions and requirements to cancel Alien Employment Permits (AEPs).

Advertising Job Vacancies:

  • Given the new labor market test requirements announced earlier this year, employers must publish job vacancies in a local newspaper for which a foreign national is applying to at least 15 days before submitting the AEP application. The AEP application must be filed within 30 days from publication.
  • When submitting proof of a job vacancy publication in a newspaper, the submission must have the name of the newspaper, the publication date, and the number of job vacancies. The following submission types will be accepted:
    • A publication affidavit issued by the publisher.
    • News clippings that show the publication date and newspaper name.

Cancelation Policies:

  • To cancel an AEP, the original employer or foreign national must submit a request for cancelation letter to tssdepww.aepcancellation@gmail.com.
    • If the foreign national is requesting a cancelation, he or she must provide a certification letter issued by the original employer showing the dates of employment and confirming the employment has ended as well as a copy of the signatory’s corporate identification card.
    • The AEP must be returned if it still holds validity.
  • If an AEP was lost and needs to be cancelled, an affidavit of loss, police report and copy of the foreign national’s passport information page must be submitted with the request for cancelation letter.

BAL Analysis: Employers are encouraged to review the new requirements and work closely with their immigration provider when recruiting and onboarding foreign nationals.

This alert has been provided by Berry Appleman & Leiden LLP. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2021 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.

IMPACT – MEDIUM

The Philippines government recently applied travel restrictions to Indonesia and extended restrictions for seven countries until at least July 31.

Key Points:

  • Put in effect on July 16, all individuals traveling from or have been in Indonesia within the past 14 days are barred from entering the country except for Filipinos returning on designated repatriation flights.
  • Individuals with travel history in Bangladesh, India, Nepal, Oman, Pakistan, Sri Lanka or the United Arab Emirates 14 days prior to intended arrival are not allowed to enter the Philippines until at least July 31.
  • Travelers who transited through one of the above countries and did not leave the airport are not affected by the ban.

BAL Analysis: The response to the COVID-19 pandemic continues to develop, and BAL will provide additional updates as information becomes available.

This alert has been provided by Berry Appleman & Leiden LLP. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2021 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.

IMPACT – MEDIUM

The Philippines government recently granted a grace period for foreign nationals whose visas expired during the pandemic and updated health and vaccination protocols.

Key Points:

  • Foreign nationals, whose visas expired between March 16, 2020, and July 7, 2021 and have not left the country, have until Nov. 30 to apply for a visa extension or renewal without facing repercussions.
    • Individuals who fail to extend or renew their visa before Nov. 30 may be subject to deportation proceedings.
    • Foreign nationals are only eligible for the grace period if they did not leave the country in the time frame in question.
    • Tourist visa holders are not eligible for the grace period.
  • Individuals are considered fully vaccinated if at least two weeks have passed since the last required dose of an approved vaccine was administered.
  • Fully vaccinated individuals who come into close contact with a confirmed COVID-19 case must undergo a shortened seven-day quarantine and take a PCR test on the fifth day of quarantine.

BAL Analysis: The response to the COVID-19 pandemic continues to develop, and BAL will provide additional updates as information becomes available.

This alert has been provided by Berry Appleman & Leiden LLP. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2021 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.

IMPACT – MEDIUM

The Philippines government has extended travel restrictions from seven countries until at least June 30.

Key Points:

  • Individuals with travel history in Bangladesh, India, Nepal, Oman, Pakistan, Sri Lanka or the United Arab Emirates 14 days prior to intended arrival are not allowed to enter the Philippines until at least June 30.
  • Travelers who transited through one of the above countries and did not leave the airport are not covered by the ban.

BAL Analysis: The response to the COVID-19 pandemic continues to develop, and BAL will provide additional updates as information becomes available.

This alert has been provided by BAL. For additional information, please contact berryapplemanleiden@balglobal.com.

Copyright © 2021 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@balglobal.com.

IMPACT – MEDIUM

The Philippines government has eased arrival procedures for travelers who received a COVID-19 vaccine in the Philippines.

Key Points:

  • As of June 3, all arriving travelers who were vaccinated in the Philippines are required to undergo a seven-day, facility-based quarantine rather than a 14-day quarantine. A PCR test will only be administered if the fully vaccinated individual in quarantine begins to show symptoms.
  • An individual is considered fully vaccinated if two weeks have passed since they received the final dose of a vaccine approved by the Philippines. Travelers must carry their vaccination card while traveling and it must be verified before departing for the country.

Additional Information: All Filipinos on repatriation flights from countries with travel restrictions must present a negative PCR test that was conducted within 48 hours of departure. A copy of the test must be submitted to the Bureau of Quarantine upon arrival. Additionally, travelers repatriated from countries with travel restrictions must undergo a 14-day, facility-based quarantine upon arrival. All foreign nationals holding a Special Resident Retiree’s Visa are permitted entry to the country without having an entry exemption document.

BAL Analysis: The response to the COVID-19 pandemic continues to develop, and BAL will provide additional updates as information becomes available.

This alert has been provided by Berry Appleman & Leiden. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2021 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.

IMPACT – HIGH

The Department of Labor and Employment (DOLE) has provided more information on its new labor market testing rules.

Key Points:  

  • The LMT intends to regulate the employment of foreign nationals and safeguard work for Filipino citizens, meaning foreign nationals will only be able to apply for a work permit if there is no competent, able and willing Filipino worker wanting the position.
  • All businesses required wanting to employ foreign nationals on an Alien Employment Permit (AEP) are subject to the new LMTs.
  • Businesses must publish the job vacancies intended to be filled by a foreign national once in a local newspaper 15 days before the Alien Employment Permit (AEP) application is submitted. The publication will only hold validity for 30 days.
  • The following information is required in the publication:  
    • Company name. 
    • Workplace with complete address and assignment location.  
    • Position and number of employees needed.  
    • a description of qualifications and functions.
  • Proof of publication and a notarized affidavit stating that no application was received or no Filipino applicant was considered for the position must be included with the AEP application upon its submission.

Additional Information: The DOLE-Regional Office (RO) will also run a separate LMT within two days of receiving the AEP application. Their publication will include: name of the foreign national; position, job description and qualification needed; salary range and benefits; employer’s name and address; and a notice that any person in the Philippines who is competent, able and willing to work can file an objection at the DOLE-RO within 30 days of its publication. All AEP required visas will be affected by the new LMT policy.

BAL Analysis: The changes will add to the time it takes to hire foreign nationals in the Philippines in many cases. Employers are encouraged to review the rules and work closely with their immigration provider when recruiting and onboarding foreign nationals.

This alert has been provided by the Berry Appleman & Leiden. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2021 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.

IMPACT – HIGH

The Bureau of Immigration has extended the travel ban for travelers coming from seven countries due to emerging COVID-19 variants.

Key Points:

  • Effective until June 15, travelers who have stayed in Bangladesh, India, Nepal, Oman, Pakistan, Sri Lanka or the United Arab Emirates within 14 days of intended arrival will be denied entry.
  • Travelers who have only transited through one of the above countries will still be allowed to enter the Philippines.

Additional Information: Filipinos, Balikbayans and foreign nationals with valid and existing visas who are not coming from one of the above countries will be permitted entry. Individuals arriving under a 9(a) Temporary Visitors’ Visa or a Special Resident Retirees Visa will need to show an entry exemption document to enter the country.

BAL Analysis: The response to the COVID-19 pandemic continues to develop, and BAL will provide additional updates as information becomes available.

This alert has been provided by Berry Appleman & Leiden. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2021 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.

The Bureau of Immigration recently announced it would allow individuals with valid and existing visas to enter the country.

Key Points:

  • Under a change that took effect May 1, individuals holding valid and existing immigrant and non-immigrant visas may enter the country.
  • Foreign nationals qualified under the Government’s Republic Act No. 6768 or the Balikbayan Program may enter the country visa free.
  • Foreign nationals holding a valid and existing Special Resident and Retirees Visa (SRRV) or Section 9(a) temporary visitors’ visas may be allowed entry provided they have an entry exemption document issued by the Department of Foreign Affairs.

Additional Information: Individuals, except diplomats and members of international organizations, holding a Section 9(e) visas are required to present evidence proving that they have booked accommodation for at least seven nights in an approved quarantine designated hotel. In such cases, individuals will be subject to COVID-19 testing on day 6 of their quarantine.

Individuals traveling from India or have travel history in India within the last 14 days are barred from entering the country until May 14.

Analysis & Comments: The response to the COVID-19 pandemic continues to develop, and Deloitte will provide additional updates as information becomes available.

Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States, which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2021. For information, contact Deloitte Touche Tohmatsu Limited.

The Philippines will temporarily suspended entry to foreign nationals and Returning Overseas Filipinos (ROFs) who are Non-Overseas Filipino Workers (Non-OFWs). The suspension will last from March 20 until April 19. The following are exempt:

  • Holders of 9(c) visas (seafarers).
  • Individuals on medical repatriation and their escorts endorsed by the Department of Foreign Affairs’ Office of the Undersecretary for Migrant Workers Affairs, or the Overseas Workers Welfare Administration.
  • Distressed ROFs endorsed by the Department of Foreign Affairs’ Office of the Undersecretary for Migrant Workers Affairs.
  • Emergency and humanitarian cases.

Additional Information: In addition to suspending entry to some travelers, the Philippines will limit the number of overall inbound international travelers to 1,500 per day.

Analysis & Comments: The Philippines enacted the suspension of entry to combat a rise in COVID-19 cases in the country. Foreign nationals who are not covered by one of the exemptions listed above should postpone travel at this time.

Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2021. For information, contact Deloitte Touche Tohmatsu Limited.

IMPACT – HIGH

The Philippines has implemented revised travel restrictions for certain foreign travelers.

Key Points:

  • Under a change that took effect Feb. 16, foreigners with valid 9(g) working visas, 9(f) student visas, Special Visas for Employment Generation (SVEG), and a Special Investors Residence Visas (SIRV) under Executive Order 63, issued on or prior to March 20, 2020, are permitted to enter the Philippines. However, those whose visas were issued after March 20, 2020, still need to present an exemption from the Department of Foreign Affairs upon entry.
  • Holders of Special Resident and Retirees Visa (SRRV), and 9(a) temporary visitor’s visas may also be allowed to enter, as long as they present an entry exemption document.
  • The visa-free privileges of foreigners from 157 locations remain suspended. Those who wish to enter the Philippines with a tourist visa must first secure an entry visa, and only those that are entitled to the balikbayan privilege may be granted visa-free entry.
  • Additionally, all travelers are required to have a pre-booked accommodation for at least six nights in an accredited quarantine hotel or facility. More information about the travel restrictions is available here.

Analysis & Comments: The response to COVID-19 continues to develop, and Deloitte will provide additional updates as information becomes available. Please check Deloitte’s COVID-19 Digital Map, available here, for information on travel restrictions and immigration changes in other countries.

Rest of World Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This includes Deloitte Tax LLP in the United States, which does not provide legal and/or immigration advice or services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.