Philippines: New Procedure Allows Filing of Work Visa While Abroad
August 20, 2021
Country / Territory
Share
At a Glance
- The Philippine government has released new immigration guidelines that allow qualified foreign nationals to file their 9(g) work visa and DOJ-issued 47(a)(2) work visa applications while abroad.
- The new procedure replaces the need for qualified foreign nationals to obtain a Travel Ban Exemption approval document prior to entering the Philippines.
- The change marks the first time work visas can be filed while foreign nationals are abroad.
- Foreign nationals will benefit from a new streamlined pathway to file their work visa while abroad and to obtain entry authorization upon approval, but will face a longer document preparation and processing time as any documents signed abroad must be legalized/apostilled at a Philippine consulate prior to submitting the work visa applications in the Philippines.
The situation
The Bureau of Immigration (BI) and Department of Justice (DOJ) in the Philippines have issued new immigration guidelines that allow qualified foreign nationals to apply for their 9(g) work visa and Department of Justice-issued 47(a)2 work visa while they are abroad.
A closer look
- Prior process. Previously, the Philippine work visa application steps were all done in country. With the current suspension of entry visa issuance, most foreign nationals must obtain their Travel Ban Exemption (TBE) approval document (issued by the Philippine Department of Foreign Affairs) before they can apply for their 9(a) entry visa to enter the Philippines.
- Post-arrival process. Once the work visa is approved in the Philippines, the Philippine consular post will issue the traveler’s entry authorization, after which the traveler must complete the post-arrival application steps, which may include visa implementation and Alien Certificate of Registration Identity Card (ACR I-card) application (if applicable).
Impact
- New pathway for entry. Foreign nationals abroad will benefit from a new streamlined pathway to file their work visa while abroad and to obtain entry authorization upon approval.
-
Limitation on 47(a)(2) visa applicants. 47(a)2 visa applications filed while the foreign national is abroad are currently limited to those connected to foreign-funded transportation and infrastructure projects. Until further notice, foreign nationals filing 47(a)2 visas under Philippine Economic Zone Authority-registered companies will still need to obtain a travel ban exemption approval document before entering the country.
-
Longer lead time. Travelers must first legalize/apostille any documents signed outside the Philippines at their Philippine consular post before use in the Philippines. This will cause a longer document preparation process. This, as well as the legalization/apostille process, will add to the already lengthy work visa processing time.
Background
The change marks the first time work visas can be filed while foreign nationals are abroad and is in line with the government’s policy of streamlining the work visa process during the COVID-19 pandemic, while the Philippines is under a state of public health emergency.
Looking ahead
It is likely that the pathway to filing 47(a)(2) work visas while abroad will be opened to other applicants as well (e.g. those not under the category connected to foreign funded transportation and infrastructure projects).
It is not yet clear if these changes are permanent. Fragomen will report on related developments.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].
