IMPACT – MEDIUM

The Philippines’ Bureau of Immigration (BI) recently announced that foreigners abroad may be able to receive work visas before entering the country.

Key Points:

  • Currently, the 9(g) work visa is only available to foreign workers who are already in the country.
  • Philippine-based employers may apply for the visa on behalf of a foreign national. Once the application is processed, it will be forwarded to the foreign service post closest to the foreign national’s current location.
  • Once the change takes effect, foreign nationals will have to enter the country within 90 days of receiving the 9(g) visa. Upon arrival, they must register at the bureau.

Additional Information: Employers of foreign workers must still apply for an alien employment permit (AEP) with the Department of Labor and Employment on behalf of the foreign national. Officials have yet to release guidelines with regard to the AEP application process. Employees who do not receive an AEP will not receive the 9(g) work visa. An AEP is a pre-requisite for the 9(g) visa, therefore employers cannot apply for the 9(g) Visa until the AEP is issued.

BAL Analysis: The change was made to help ease entry processes amid the ongoing pandemic. Travelers should note that entry from some countries remains restricted at this time. 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 the BAL Global Practice group. 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 Bureau of Immigration (BI) recently extended entry restrictions for 10 countries until at least Aug. 31.

Key Points:

  • Individuals traveling from, or who have been in, Bangladesh, India, Indonesia, Malaysia, Nepal, Oman, Pakistan, Sri Lanka, Thailand, or the United Arab Emirates within 14 days of intended arrival are barred from entering the Philippines until at least Aug. 31.
  • Travelers who transited through one of the aforementioned 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 the BAL Global Practice group. 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 that immigrants or permanent residents whose alien certificate of registration identity card (ACR I-Card) expired may still enter the country if they hold a valid reentry permit.

Key Points:

  • Immigrants or permanent residents with expired ACR I-Cards may enter the country if they hold a valid reentry permit.
    • Foreign nationals can renew expired reentry permits or special return certificates at the airport before immigration clearance.
  • Foreign nationals who enter the country with an expired ACR I-Card should renew their cards at the Bureau of Immigration after arrival.
  • Non-immigrant visa holders must hold a valid ACR I-Card to enter the country.

Additional Information: ACR I-Cards are not to be used as the determining factor to admit foreign nationals into the country.

BAL Analysis: This directive will allow many immigrants and permanent residents who failed to renew their ACR I-Cards the option to enter the Philippines. Other entry restrictions remain unaffected by this announcement. 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 the BAL Global Practice group. 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 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.