What is an AEP or work permit in the Philippines?

Reading_Employment_Classifieds

Reading Employment Classifieds 300x300 What is an AEP or work permit in the Philippines?Alien employment Permit (AEP) or work permit is required to be filed before the Department of Labor and Employment (DOLE) of the Philippines. The filing of an AEP is one of the requirements for the issuance of pre-arranged or 9(G) visa to foreign nationals seeking employment in the Philippines, as well as  those who are holders of SIRV, SRRV, Treaty trader visa 9(D), Special Non-immigrant Visa for executive, advisory, supervisory, or technical positions. In order to obtain an AEP or a work permit, it must be shown that there is no Filipino who is competent to perform the job that is being offered to an alien.

The AEPs issued by the DOLE are usually valid for a period of one (1) year, unless the foreign employee’s contract, consultancy service, or other modes of engagement provides a longer period of employment.

Requirements for AEP:

  1. Letter of request
  2. Application Form duly accomplished and notarized
  3. Notarized Contract of Employment/Appointment for non-elective position or Notarized Board Secretary’s Certificate on the election of foreign national
  4.  Authenticated passport with current visa
  5.  Photocopy of Mayor’s Permit
  6.  Photocopy of Business Permit
    1. Two copies of 2X2 ID Photos (White Background)

Exempted from securing an AEP:

1. Resident Foreign Nationals employed or seeking employment in the Philippines (DO 41-03);

2. Members of the diplomatic services and foreign government officials accredited by the Philippine government;

3. Officers and staff of international organizations of which the Philippine government is a cooperating member, and their legitimate spouses desiring to work in the Philippines;

4. Foreign nationals elected as members of the Governing Board who do not occupy any other position, but have only voting rights in the corporation;

5. All foreign nationals granted exemption by special laws and all other laws that may be promulgated by the Congress;

6. Foreign nationals who come to the Philippines to teach, present and/or conduct research studies in universities and colleges as visiting, exchange or adjunct professors under formal agreements between universities or colleges in the Philippines and foreign universities or colleges; or between the Philippine government and foreign government; provided that the exemption is on a reciprocal basis;

7. Owners and representatives of foreign principals, whose companies are accredited by the Philippine Overseas Administration (POEA), who come to the Philippines for a limited period solely for the purpose of interviewing Filipino applicants for employment abroad.

What is Treaty Traders’ or Investors’ Visa?

Investor-Visa

Investor Visa What is Treaty Traders’ or Investors’ Visa?An alien investor is entitled to enter the Philippines as a treaty trader or investor if he/she is a national of the United States of America, Germany or Japan, countries with which the Philippines has concluded a reciprocal agreement for the admission of treaty investors or traders. The local petitioning company must be majority-owned by United States, German or Japanese interests. The nationality of the foreign national and the majority of the shareholders of the employer company must be the same.

The term “treaty trader” includes an alien employed by a treaty investor in a supervisory or executive capacity.

The following must be proved:

1)      the alien or the employer intends to carry on “substantial trade” between the Philippines and the country in which the alien is a national; or

2)      the alien intends to develop and direct the operations of an enterprise in which the alien or the employer has invested, or  is in the process of investing a substantial amount of capital.

“Substantial trade” refers to a non-nationalized business in which an investment in a substantial amount in Philippine currency has been made. It is important to note, however, that the size of the investment is merely one of the factors considered in determining what is deemed “substantial trade”. The immigration office requires that the investment is at least US$120,000.00.

Requirements:

• Letter of request from the petitioning company;

• Application Form (BI Form MCL-07-01) accomplished and duly notarized;

Secure Alien Employment Permit (AEP) from the Department of Labor and Employment;

• Authenticated copy of the applicant’s passport showing current valid visa;

• Clearance Certificate issued by Bureau of Immigration;

• Any other documents which will assist in the evaluation process;

• If the applicant’s spouse and/or minor unmarried children under twenty-one years of age, accompany him, submission of certified true copies of the Marriage Contract, Birth Certificate(s) (authenticated at Philippines Embassy if issued abroad);

• Authenticated copy of passport, showing valid visa, of the spouse and minor, unmarried children.