The Philippines: New Visa Replaces 47(a)(2) Work Visa; Offers Streamlined Processing
December 7, 2021
At a Glance
The Philippine government has introduced a new Philippine Economic Zone Authority (PEZA) visa to replace the previous 47(a)(2) work visa, which results in various benefits for applicants and eligible foreign nationals. The changes include the following:
- Eligible foreign nationals may now be granted a work visa with maximum validity of two years, with the possibility of renewal, up from only a one-year maximum validity;
- Immigration authorities will reduce the number of government offices involved in the application process resulting in a more streamlined process;
- Immigration authorities will issue a PEZA visa (PV) Card where it was previously not available; and
- All pending 47(a)(2) work visa applications will be transferred from the Department of Justice to the PEZA and all valid and existing 47(a)(2) work visas will remain valid until their expiry and can be converted to a PEZA visa upon renewal.
The situation
The Philippines Economic Zone Authority (PEZA) and the Bureau of Immigration (BI) introduced a new PEZA visa (PV) that will replace the previous 47(a)(2) work visa resulting in benefits for applicants and eligible foreign national investors and non-resident foreign national employees of PEZA-registered ecozone businesses and their dependents.
A closer look
CHANGE | DETAILS | IMPACT |
Longer visa duration | Eligible foreign nationals may now be granted a work visa with maximum validity of two years with the possibility of renewal, up from only a one-year maximum validity previously available for the 47(a)(2) work visa. | Eligible foreign nationals benefit from a longer visa validity to stay and work in the Philippines. |
Streamlined evaluation process | The PEZA and the BI have reduced the three-step evaluation process (which previously involved a review by the Department of Justice (DOJ)) to only two steps. After the PEZA makes a decision either approving or denying the application, the BI will then issue an order granting or denying the application. | Initial delays are expected with processing times while the authorities implement the new changes. It remains to be seen if the streamlined application process involving fewer government offices will result in a faster processing time. |
New PEZA Visa (PV) Card | Immigration authorities will issue a PEZA Visa (PV) Card for successful applications where it was previously not available for the 47(a)(2) work visa. | Eligible foreign nationals will receive a physical card to prove work visa validity. The card will also serve as an additional government issued identification card in the Philippines to prove stay and work rights. |
Transition measures | All pending 47(a)(2) work visa applications with the DOJ will be transferred and processed by the PEZA Foreign National Unit. If approved, these pending applications will be issued as 47(a)(2) visas. | Current applicants and 47(a)(2) work visa holders will benefit from a continuation of their application and validity of work visa but must file for a new PEZA Visa before the expiry of their 47(a)(2) work visa to ensure continuation of stay and work rights in the Philippines. |
Additional document requirements for dependent applications |
Dependent applicants for the PEZA visa must submit authenticated/apostilled marriage certificates and birth certificates where this was not required under the 47(a)(2) work visa. | Dependent applicants f must obtain these documents from a Philippine consular post as part of the document requirements for the PEZA visa. It can take several weeks or months, in some cases, to obtain these documents, depending on the consular post. |
Background
The change is in line with the government’s goal of streamlining work visa processes, following the rule introduced in August 2021 allowing foreign nationals to file their work visa applications while they are abroad.
Looking ahead
It is likely that the Philippine government will continue to introduce rules that streamline applications to reduce the number of government institutions involved in the immigration process. We 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].