Philippine Immigration – Highlights on Compliance Issues and Recent Updates

Since the beginning of 2014, Philippine immigration has seen a number of changes geared towards tightening restrictions and imposing stricter compliance with visa application requirements. Although the ultimate aim of these new regulations and requirements is to create an easier visa application process for foreigners, their immediate effect and implementation have resulted in processing delays and uncertainty regarding the overall visa application process. With this in mind, it is crucial for employers planning to send foreign employees to the Philippines to be conscious of compliance with the new requirements. To provide a bird’s-eye view of the ever-changing rules, we have highlighted below some of the major issues that employers and foreign employees should consider.

Short Term Visits

One of the first questions usually asked is whether a foreign national can enter and work in the Philippines without a visa or work permit if they will only be staying for a few days. The answer depends on the individual’s nationality and the type of activities they will be undertaking for the duration of their stay, no matter how short.

Visitors to the Philippines typically use the Section 9(a) Temporary Visitor’s Visa, with allowable stays varying based on nationality.

If the visitor is from a country with diplomatic ties to or a bilateral agreement with the Philippines, they may enter the Philippines without securing an entry visa and receive a 9(a) Temporary Visitor’s Visa with a general authorized stay of 30 days. This is given with the proviso that they also hold a passport valid for at least six months beyond their contemplated stay in the Philippines and possess a return or outbound ticket.

Visitors from countries which do not have a bilateral agreement with the Philippines are required to secure an entry visa at a Philippine Foreign Service Post in their country of origin or place of legal residence prior to travel. They must also possess a passport valid for at least six months beyond their contemplated stay in the Philippines and a return or outbound ticket.

In the Philippines, business visitors with a 9(a) Temporary Visitor’s Visa must generally limit their activities to:

• Exploring new business opportunities in the Philippines;

• Making site visits to internal or client facilities or plants;

• Attending information- sharing business meetings or discussions;

• Attending sales calls to potential Philippines clients, provided that the employee is representing a commercial entity outside the Philippines; and

• Attending seminars or “fact-finding” meetings.

If a trip, no matter how short, will involve productive work or activities other than those outlined above, the traveler will be required to apply for a Special Work Permit after entering the country.

It is important to note that any business visitor holding a 9(a) Temporary Visitor’s Visa who has stayed for more than 59 days in the Philippines will also be required to register and apply for a Tourist ACR I-Card (Alien Certificate of Registration I-Card).

Local Sponsoring Entity

For work visa or work permit applications in the Philippines, a Philippine-registered entity is required to sponsor the application of the foreign employee. For long-term visa applications, the corporate registration of the local sponsoring entity determines the type of visa that a foreign employee may apply for. Moreover, the local sponsoring entity of long-term visa applications will be considered as the “employer” of the foreign employee for the duration of their assignment in the Philippines.

The local sponsoring entity will also be subject to certain legal requirements and obligations when employing foreign nationals. Sponsoring entities must ensure compliance with immigration, labor, tax and other local laws and will be held responsible for the acts of the foreign employee. They must also ensure that work activities will not commence until the appropriate permit or visa of the foreign employee is approved.

Finally, the local sponsoring entity must be able to provide the corporate documents required for work permit or visa applications. The Bureau of Immigration (BI) has recently made many changes to its requirements in this area, which has caused some considerable delay to the process, as corporate documents must be procured by the local sponsoring entity from government agencies. For example, machine-validated corporate registration documents and proof of tax payments are now required. Furthermore, immigration officers can exercise broad discretion in requesting additional documentation when evaluating a single visa application.

Job Titles

The BI recently issued an updated list of 43 professions regulated by the Professional Regulation Commission (PRC). Employers must be mindful that foreign nationals whose job titles or work activities in their visa applications may be regarded as a practice of a regulated profession might need to obtain a local professional license, Special Temporary Permit, or Certificate of Non-Practice of Profession from the PRC before they can apply for a work visa.

Emigration Clearance Certificate (ECC)

The BI has recently reminded foreign nationals of the need to secure an Emigration Clearance Certificate (ECC) at any BI office prior to leaving the country, if they wish to avoid being denied departure. This is due to a Philippine immigration requirement that states a foreign national, who is about to leave the country temporarily or permanently, must seek clearance from the Commissioner of Immigration that he or she has no pending obligation with the government of the Philippines. The BI has noted that foreign nationals who failed to present an ECC comprised 33% of departure denials. In this regard, it is important to note that the following foreign nationals are required to secure an ECC from a BI office at least 72 hours prior to departure:

• Holders of a 9(a) Temporary Visitor Visa (also referred to as a tourist visa) who have stayed in the Philippines for six months or more;

• Holders of expired or downgraded Immigrant or Non-Immigrant Visas;

• Holders of valid Immigrant or Non-Immigrant Visas who are leaving permanently;

• Philippine-born foreign nationals who will depart from the Philippines for the first time;

• Holders of a 9(a) Temporary Visitor Visa with an Order to Leave;

• Bona fide seafarers who have stayed in the Philippines for 30 days or more and who have a duly approved discharge from the BI; and

• Holders of Immigrant and Non-Immigrant Visas with valid ACR I-Cards who are leaving the country temporarily.

Holders of valid Immigrant or Non-Immigrant Visas who intend to return to the Philippines may secure an ECC at international ports of exit. Holders of valid Temporary Visitor Visas may do likewise, provided they comply with the following requirements:

• They are leaving the country within 24 hours and hold a Boarding Pass;

• They have stayed in the Philippines for six months but not more than one year;

• They have no pending obligation with the government, its instrumentalities, agencies and subdivisions, and have no pending criminal, civil or administrative action which by law requires their presence in the Philippines; and

• They are registered under the Alien Registration Program (ARP) and have been issued a Special Security Registration Number (SSRN).

Applications for regular ECCs must be filed three days prior to departure and will be valid for one month upon issuance. However, the ECC may only be used once, regardless of its validity.

BOQ Medical Clearance Certificate

The most daunting rule recently implemented by the BI is the requirement for certain nationalities to obtain a Medical Clearance Certificate (MCC) from the Bureau of Quarantine (BOQ) prior to submitting their visa application. Affected foreign nationals with pending visa and work permit applications are given 30 days from the date they receive notice to submit their MCC to the BI. Any delay in completing this requirement may result in filing delays.

The medical examination can be conducted at a hospital or clinic in the Philippines, but the examining doctor in the BOQ may also conduct an additional examination, if it is deemed necessary. Following the examination, the foreign national must personally appear at the BOQ to submit their medical results, along with their passport, passport photos, a fee of PHP 1,000 and other documents which may be required by the BOQ. The MCC can be obtained on the same day unless the applicant requires further medical examinations.

Annual Report

Foreign nationals who hold work or dependent visas with ACR I-Cards are required to complete a reporting requirement in person within the first 60 days of the calendar year. The report must be made before the BI Main Office at Intramuros, Manila, if the foreign national resides in Metro Manila, or at the immigration office nearest their place of residence, if residing outside Metro Manila. Foreign nationals making the Annual Report should bring with them their ACR I-Card and Certificate of Residence.

If a foreign national living in the Philippines is less than 14 years of age, then the duty of reporting falls on their parent or legal guardian.

Foreigners who fail to comply with the annual report could face a financial penalty, a jail term, or both. A foreign national may only be exempted from personal appearance if:

• They appeared during the Annual Report 2014 with an accomplished 2014 Annual Report form;

• They pay PHP 500 Express Lane for non-appearance;

• They have a submitted a Special Power of Attorney (SPA) with a valid government-issued ID of the legal representative; and

• They are without any deficiencies or liabilities under the relevant Philippine statutes.