Philippines: New Process Allows Foreign Nationals to File Work Visa while Abroad and without EED

 

Key Points

 

  • The IATF Resolution No 131-A, effective August 16, 2021, aliens who are applying for a 9(g) and 47(a)(2) visas no longer need to be physically present in the Philippines nor does he need to obtain an Entry Exemption Document (EED). This means, the alien or foreign national and his employment may process the said 9G work visas while the alien is abroad.
  • This new policy omits the requirement of having to obtain a Travel Ban Exemption approval before traveling to the Philippines.
  • The application for the 9(g) commercial work visa can now be processed by the Philippine-based employer of an alien even if the latter is still abroad.
  • The Philippine-based employer must apply for issuance of 47(a)(2) visa with the Department of Justice (DOJ), through its Legal Staff. The DOJ will forward the approved applications to the Department of Foreign Affairs (DFA) – Office of Consular Affairs.
  • The alien issued with 47(a)(2) visas no longer needs to present an EED upon entry to the Philippines.

 

Overview

 

The Resolution No. 131-A dated 05 August 2021, stipulates that eligible FNs who intend to work in the Philippines may apply for 9(g) visas or 47(a)(2) visas, filed through their Philippine-based employer, so that they will not be required to apply for Entry Exemption Documents (“EEDs”) issued by the DFA.

The Bureau of Immigration, on 17 August 2021, issued Operations Order No. JHM-2021-004 entitled “VISA ISSUANCE FOR FOREIGN WORKERS UNDER IATF RESOLUTION NO. 131-A,” wherein the processing of requests of FNs who are eligible for 9(g) and 47(a)(2) visas as allowed by the IATF-MEID Resolution No. 131-A shall be coursed through the Bureau of Immigration (BI) or the Department of Justice (DOJ).

 

Prior Process

 

Previously, foreign nationals applying for work visas in the Philippines were required to first obtain a Travel Ban Exemption approval document before traveling to the Philippines and applying for their respective visa in-country. Now, foreign nationals are able to apply for the 9(g) or 47(a)(2) work visa through the Philippine consular post of their home country and travel to the Philippines once they receive entry authorization.

 

New Process

 

The foreign national needs to go to the Philippines in order to register and implement the 9(g) visa at the Bureau of Immigration upon his arrival. For the 47(a)(2), the DOJ will forward the approved applications to the Department of Foreign Affairs (DFA) – Office of Consular Affairs. The DFA will transmit the approved visa application to the Foreign Service Posts (FSPs). The FSP shall issue the 9(g) visa, with validity based on the DOJ approval.

The alien no longer needs to present an EED upon entry to the Philippines.

 

What to expect

 

Foreign nationals must first legalize or apostille any documents signed outside the Philippines at their Philippine consular post before use in the Philippines. This will cause a longer visa application preparation and processing time.

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