(NAR) VOL. 26 NO. 3/ JULY - SEPTEMBER 2015
3.1 | APECO shall refer to Aurora Pacific Economic Zone and Freeport Authority, which is the operating arm of the Aurora Pacific Economic and Freeport Zone (APEFZ). |
3.2 | Alien Employment Permit (AEP) shall refer to the document issued by the Secretary of Department of Labor and Employment (DOLE), through the DOLE Regional Director who has jurisdiction over the APEFZ, authorizing a foreign national to work in APECO or in any of its registered enterprise. The AEP is a pre-requisite to the issuance of a Working Visa. |
3.3 | BI shall refer to the Bureau of Immigration. |
3.4 | DOLE shall refer to the Department of Labor and Employment. |
3.5 | APECO Dependent’s Visa (ADV) shall refer to the visa issued by APECO to the legal spouse and dependent children of holders of a valid APECO Working Visa (AWV) and APECO Special Investor’s Visa (ASIV). For this purpose, “dependent” shall mean unmarried children below 21 years of age, or unmarried children more than 21 years of age but are dependent for support due to mental or physical disability. |
3.6 | APECO Special Investor’s Visa (ASIV) shall refer to the visa issued by APECO to foreign investors in APEFZ with a minimum investment of one hundred fifty thousand US dollars (US$150,000.00). |
3.7 | APECO Special Work Permit (ASWP) shall refer to the permit issued by APECO to aliens whose contract of employment is for a period of not more than one hundred eighty (180) days. |
3.8 | APECO Provisional Work Permit (APWP) shall refer to the permit issued to aliens for a maximum period of three (3) months or until a working visa has been issued in favor of the applicant. |
3.9 | APECO Working Visa (AWV) shall refer to the visa issued by APECO to aliens gainfully employed in APECO or in any of its registered enterprises. |
4.1 | Coverage. All foreign nationals who are appointed or designated as elective or non-elective officers, or contracted for employment by a registered enterprise in APEFZ shall secure an Alien Employment Permit (AEP). In any stage of the application for AEP, the foreigner may be represented by his employer or by an official liaison officer of APECO. | |
4.2 | Exemptions. The following categories of foreign nationals are exempted from securing an AEP: | |
• | All members of the diplomatic service and foreign government officials accredited by and with a reciprocity arrangement with the Philippine government; | |
• | Officers and staff members of international organizations of which the Philippines is a member, and their legitimate spouses desiring to work in the Philippines; | |
• | Foreign nationals elected as members of the Governing Board who do not occupy any other position but have only voting rights in the corporation; | |
• | Owners and representatives of foreign principals whose companies are accredited by the Philippine Overseas Employment Administration (POEA), who come to the Philippines for a limited period and solely for the purpose of interviewing Filipino applicants for employment abroad; | |
• | 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 arrangements between the 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; | |
• | Permanent resident foreign nationals, probationary or temporary resident visa holders; and | |
• | All foreign nationals granted exemption by law. |
5.1 | Procedure. Applications for AEP shall be initially filed before APECO officials duly authorized to receive and process applications filed by registered enterprises in APEFZ. | |
Only applications with the following complete documentary requirements shall be received and acted upon by APECO for endorsement to the DOLE Provincial/Regional Office within eight (8) working hours from receipt of application: | ||
(a) | Letter request; | |
(b) | Duly accomplished application form; | |
(c) | Photocopy of passport stamped with valid visas; | |
(d) | Employment Contract for non-elective positions and Secretary’s Certificate/Board Resolution on the election/appointment for elective positions; | |
(e) | Photocopy of the Permit to Operate (PTO)/Certificate of Registration (COR) issued by the APECO; | |
(f) | Photocopy of applicant’s Taxpayer Identification Number (TIN); | |
Incomplete applications shall not be accepted by APECO or DOLE, as the case may be, without prejudice to re-filing upon the completion of the required documents. | ||
Newly hired, elected or appointed officers may file an application for an AEP without penalty, within (fifteen) 15 working days after signing of the contract of employment, election or appointment or before the actual term of office. | ||
5.2 | Fees. Upon filing of application with the DOLE, the applicant shall pay a fee of Eight Thousand Pesos (P8,000.00) for each application for an AEP with a validity of one (1) year. In case the period of employment is for more than 1 year, an additional fee of Three Thousand Pesos (P3,000.00) shall be charged for every additional year of validity or a fraction thereof being considered one year. In case of renewal, the applicant shall pay a fee of P3,000.00 for each year of validity or a fraction thereof. | |
5.3 | Publication. The DOLE Provincial/Regional Office shall publish applications for new AEPs, changes or additional positions in the same company or subsequent assignments in related companies, within two (2) working days upon receipt of application with complete documentary requirements. Any objection or information against the employment of the foreign national may be filed with the Provincial/Regional Office anytime during the foreign national’s period of employment. | |
5.4 | Processing period. Upon receipt of application, the authorized representative of the DOLE may conduct ocular inspection within 2 working days thereof to verify legitimacy of the employment of the foreign national. The DOLE shall process applications for AEP favorably endorsed by APECO and submitted for evaluation and approval and issue or deny an AEP within twenty four (24) hours after the compliance with the documentary and publication requirements, if necessary as well as the payment of fees and fines. Should the submission be made on the last working day of the week or immediately preceding a holiday, the application for AEP shall be approved or denied on the next business day. | |
5.5 | Verification inspection. The authorized representatives of the DOLE Provincial Director may conduct verification inspections of establishments employing foreign nationals within 30 days after the issuance of the AEP to ensure that the foreign national is actually employed. | |
5.6 | Renewal of Permit. An application for renewal of AEP shall be filed on or before its expiration. | |
In case of corporate officers, whose election or appointment takes place before the expiration of an AEP, the application for renewal shall be filed not later than 15 working days after election or appointment but not after the expiration of the AEP. | ||
In case of corporate officers whose election or appointment will take place after the expiration of the AEP; the application for renewal shall be filed on or before the expiration of the AEP and shall be renewed for 1 year. In case the foreign national is not re-elected or re-appointed, the AEP shall be automatically revoked. | ||
Within 15 working days after the date of election or appointment, the foreign national shall submit to the DOLE, the Board Secretary’s Certificate or Board Resolution of the Election or Appointment. | ||
5.7 | Validity of Permit. No Alien Employment Permit with a validity period of more than three (3) years shall be issued. AEP shall remain valid and effective unless cancelled or revoked by DOLE or upon termination of the alien’s contract of employment. | |
The validity of a new AEP shall commence on the date of its issuance, regardless of whether or not the foreign national has been working before the said date, while the validity of a renewed AEP shall be on the day following its expiration. | ||
As a general rule, the AEP shall be valid only for the position and company for which the AEP is issued, except in cases of foreign nationals who are holders of multiple positions in one corporation, where one AEP shall be valid for such multiple positions. | ||
An additional position or change of position of the foreign national in the same company or subsequent assignment in related companies during the validity or renewal of the AEP will be subject to the publication requirement and payment of a publication fee. However, a change of employer shall require an application for a new AEP. | ||
Simultaneous employment of non-resident foreign nationals in other companies is prohibited. | ||
5.8 | Applications for AEP by foreign nationals who are holders of valid Working Visas issued by APECO, prior to the effectivity of this rule, shall be treated as an application for renewal of AEP and shall be subject to the corresponding fees. | |
5.9 | Foreign nationals who will be employed in APECO or in any of its registered enterprises for a period not exceeding one hundred eighty (180) days, shall apply for an APECO Special Work Permit (ASWP). Holders of a valid ASWP shall be required to continuously update their Temporary Visitor’s Visa which may be processed either in BI Angeles Field Office or in BI main office upon recommendation of APECO. | |
In the event that there is a need to extend said employment after the expiration of the ASWP, the foreign national shall apply for an AEP with the DOLE at least 21 working days before the expiration of said ASWP. | ||
In cases where the contract of employment of the foreign national is terminated, the employer should immediately inform APECO and DOLE. |
6.1 | Applications for an AEP shall not be accepted by the APECO based on either of the following grounds: | |
- | Alien whose employer/locator has pending administrative/criminal cases; or | |
- | Expired PTO, COR and other business permits issued by the APECO. | |
6.2 | Application for an AEP may be denied by the DOLE based on any of the following grounds: | |
- | Upon the recommendation of the APECO; | |
- | Misrepresentation of facts in the application; | |
- | Submission of falsified or tampered documents; | |
- | Foreign national has been convicted of a criminal offense or is a fugitive from justice; or | |
- | Availability of a Filipino who is competent, able and willing to do the job/services intended for the foreign national. | |
- | Denial of application for AEP shall cause the forfeiture of the fees paid by the applicant foreign national. |
• | Non-compliance with any of the requirements or conditions for which the AEP was issued; |
• | Misrepresentation of facts in the application; |
• | Submission of falsified or tampered documents; |
• | Meritorious objection or information against the employment of the foreign national; |
• | Foreign national has been convicted of a criminal offense or a fugitive from justice; or |
• | Employer terminated the employment of the foreign national. |
• | APECO Special Work Permit (ASWP) |
• | APECO Provisional Work Permit (APWP) |
• | APECO Working Visa (AWV) |
• | APECO Dependent’s Visa (ADV) |
• | APECO Special Investor’s Visa (ASIV) |
12.1 | An ASWP shall be valid for 180 days and may be renewed once. |
12.2 | The ASIV shall be valid while the investment of the alien in APEFZ remains at a minimum of One Hundred Fifty Thousand US Dollars (US$150,000). |
12.3 | The AWV shall be valid for a maximum of three (3) years, subject to its renewal. Its validity, however, should be co-terminus with the AEP. |
12.4 | The APWP shall be valid for three (3) months or until a working visa has been issued in favor of the applicant. |
12.5 | The ADV, which serves as an incentive to the AWV and ASIV holders, will be co-terminus with the validity of their principal’s visa. The ADV shall be issued to the legal spouse and unmarried children below 21 years old and shall be subject to renewal. An ADV of a qualified child is valid until the holder reaches 21 years of age. An ADV holder need not secure a Special Study Permit or a Student Visa for purposes of studying in any schools in the Philippines duly accredited to accept foreign students. |
12.6 | All work permits and visas issued by APECO shall be valid within and outside the APEFZ, provided that the alien shall not engage in any kind of employment outside the territorial jurisdiction of the APEFZ. |
13.1 | APECO Special Work Permit (ASWP) | |
Applications for ASWP shall be subject to the following documentary requirements: | ||
(a) | Notarized letter request from employer | |
(b) | Duly accomplished Application Form | |
(c) | Photo copy of Passport Bio page and latest immigration stamp | |
(d) | Letter of Appointment for Employment (not exceeding 6 months) | |
(e) | Copy of the Certificate of Registration or Permit to Operate | |
(f) | Bureau of Immigration Clearance Certificate | |
Applications for the renewal of an ASWP shall be subject to the following documentary requirements: | ||
(a) | Notarized letter request from employer | |
(b) | Application form | |
(c) | Photo copy of Passport Bio page and latest immigration stamp | |
(d) | Bureau of Immigration Clearance Certificate | |
13.2 | APECO Working Visa (AWV) | |
Applications for AWV shall be subject to the following documentary requirements: | ||
(a) | Notarized Letter Request from employer with a declaration that foreign worker is in good medical and psychological condition | |
(b) | Duly accomplished Application form | |
(c) | Photo copy of Passport Bio page and latest immigration stamp | |
(d) | Certified true copy of a valid AEP | |
(e) | Bureau of Immigration Clearance Certificate | |
Application for renewal of AWV shall be subject to the same documentary requirements: | ||
(a) | Notarized Letter Request from employer with a declaration that foreign worker is in good medical and psychological condition | |
(b) | Duly accomplished Application form | |
(c) | Photo copy of Passport Bio page and latest immigration stamp | |
(d) | Bureau of Immigration Clearance Certificate | |
(e) | Certified True Copy of a valid AEP | |
13.3 | APECO Special Investor’s Visa (ASIV) | |
Applications for ASIV shall be subject to the following documentary requirements: | ||
(a) | Notarized letter request signed by the Corporate Secretary with a sworn declaration that the applicant’s investment amounts to at least US$150,000 or its peso equivalent, which shall be used within the APEFZ | |
(b) | Duly accomplished Application Form | |
(c) | Proof of investment of US$150,000 (the investment can be in the form of cash, bonds, stocks, capital investment, money market, and/or bank deposit) | |
(d) | Photo copy of Passport Bio page and latest immigration stamp | |
(e) | NBI Clearance | |
(f) | Bureau of Immigration Clearance Certificate |
14.1 | Receiving, evaluation and approval of Applications. The APECO shall receive all applications with the supporting documents and evaluate the same for completeness and accuracy. For this purpose, APECO shall issue its rules of procedure in the processing and approval of permits and visas. |
Upon receipt of the applications, the APECO shall immediately submit to the BI, basic information about the applicant for the purpose of conducting an initial derogatory check. Only duly authorized personnel of APECO shall be allowed to process visa applications and represent the applicant with other government agencies. | |
14.2 | Conduct of Immigration Verification. The BI personnel shall conduct a verification of the applicant’s derogatory record and immigration status. |
14.3 | Assessment and Payment of Fees. An Order of Payment Slip (OPS) shall be issued provided that the applicant has a valid passport and visa and is not among those included in the Bureau of Immigration’s derogatory record. |
The Applicant may by himself, or through the official liaison officer of APECO, pay the corresponding fees to the Immigration Cashier who shall issue an official receipt for the amount received. | |
14.4 | Issuance of BI Clearance. A certificate of no derogatory record shall be issued in favor of the applicant within 2 hours from the filing of the request for BI Clearance Certificate. |
14.5 | Approval and implementation of Visa/Permit. An approved visa or a computer - generated print stick-on visa with corresponding ACR number, visa number and Certificate of Residence for Temporary Visitors (CRTV) number, if applicable, shall be implemented on the passport of the applicant. |
14.6 | Releasing of permit/visa. Upon surrender of the claim stub, the passport with the implemented visa/permit shall be released to the applicant or to any duly authorized official of APECO. |
For approved Investor’s Visa, Working Visa or Dependent’s Visa, an ACR I-card may be issued upon request of the applicant but after compliance with the applicable procedure. | |
14.7 | Verification of approved visa. The ACR I-card Officer shall verify the approved visa or existing I-card of the applicant. |
14.8 | Information Capturing. The photo, fingerprint and signature of the subject shall be taken/captured. |
14.9 | ACR I-Card Releasing. ACR I-card shall be released to the applicant or his duly authorized representative within eight (8) working hours from receipt of the application and complete documentary requirements. |
(a) | Alien whose employer/locator has pending administrative/criminal cases; |
(b) | Expired Permit to Operate, Certificate of Registration and other business permits issued by the APECO; |
(c) | Foreign national has a derogatory record; or |
(a) | for violation of immigration laws, rules and/or regulations; |
(b) | The continued stay of the foreign national may result in damage to the interest of the industry or the country; |
(c) | The employment of the foreign national is suspended by the employer or by order of the court; |
(d) | Non-compliance with any of the requirements or conditions for which the work permit or visa was issued; |
(e) | Misrepresentation of facts in the application; |
(f) | Submission of falsified or tampered documents; |
(g) | Foreign national has a derogatory record; |
(h) | Employer terminated the employment of the foreign national; or |
(i) | The application for another visa category at the option of the visa holder, who should apply for visa downgrading with BI. |
(SGD) ROSALINDA DIMAPILIS-BALDOZ Secretary, Department of Labor and Employment (DOLE) | (SGD) SIEGFRED B. MISON Commissioner, Bureau of and Immigration (BI) |
(SGD) GERARDO D. ERGUIZA Chief Executive Officer Aurora Pacific Economic and Freeport Authority (APECO) |