The most common work visa is the 9(g) visa, which is available to foreign nationals who intend to occupy an executive, technical, managerial or highly confidential position in a company in the Philippines. It is also available to foreign nationals who travel to the Philippines to engage in any lawful occupation, whether for wages or salary, or for other forms of compensation where a bona fide employer-employee relationship exists. The petitioning company must establish that there is no person in the Philippines who is willing and competent to perform the labor and service for which the foreign national is hired, and that the admission of the foreign national will be beneficial to the public interest.
The foreign nationals dependents who will join them in the Philippines are entitled to the same visa.
The Philippine president is authorized to issue 47(a)(2) visas when public interest warrants so. The President, acting through the appropriate government agencies, has exercised this authority to allow the entry of foreign personnel employed in supervisory, technical or advisory positions in export processing zone enterprises, Board of Investments-registered enterprises and special government projects.
The employing entity must apply to the relevant government agency for authority to employ foreign nationals. This visa is generally valid for an initial period of one year and is renewable from year to year.
The foreign national's dependents who will join them in the Philippines are entitled to the same visa.Foreign nationals employed by PEZA-registered entities and their dependents are required to secure PEZA Visas to work in the Philippines.
The PEZA Visa may be issued for one or two years, subject to renewal. PEZA Visa holders are entitled to multiple entry privileges, and exemption from immigration permits and clearances to re-enter the country.
The number of non-resident alien employees of the PEZA-registered entity, including the applicant, shall not exceed 5% of the enterprises' total workforce.
If the number of the non-resident alien employees exceeds 5% of the enterprise's total workforce, the PEZA-registered entity must request clearance to employ additional non-resident aliens from DOLE, indicating the specific reasons for additional non-resident alien employees.
Multiple-entry special visas are available to the following:
These foreign nationals and their dependents may be issued multiple-entry special visas valid for three years, which may be renewed upon legal and meritorious grounds.
The holder of this visa is exempt from obtaining an AEP from the DOLE as a condition to working in the Philippines.
A foreign investor is entitled to enter the Philippines as a treaty trader or investor if they are a national of Germany, Japan or the United States (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 German, Japanese or United States interests. The nationality of the foreign national and the majority of the shareholders of the employing company must be the same.
The term "treaty trader" includes an alien employed by a treaty investor in a supervisory or executive capacity.
When granted, the visa extends to the investor's spouse and unmarried children under 21 years of age. It is generally valid for a one-year period subject to extension upon application of the investor.
In addition to acquiring the appropriate work or employment visa, a foreign national who wishes to work in the Philippines must obtain an AEP from the DOLE through the petitioning Philippine company.
The issuance of an AEP is subject to the non-availability of a person in the Philippines who is competent, able and willing to perform the services for which the foreign national is desired.
There are certain foreign nationals who are exempt from securing an AEP, including the following:
1 The supplier must: (i) enter the Philippines temporarily to supply a service pursuant to a contract between their employer and a service consumer in the Philippines; (ii) possess the appropriate educational and professional qualifications; and (iii) be employed by the foreign service supplier for at least one year prior to the supply of services in the Philippines.
Foreign nationals who have commenced employment while their applications for an AEP or work visa are still pending must secure a PWP. The PWP is valid for three months or until the work visa has been issued for the applicant.
Entities engaged in nationalized or partly nationalized industries can only employ foreign nationals as technical personnel and are subject to the issuance by the Department of Justice of an Authority to Employ.
Special work permit (SWP)
An SWP is a special permit issued to a foreign national who intends to work in the Philippines for a short-term (not exceeding six months) and to occupy a temporary position outside of an employment relationship. The SWP is issued for an initial period of three months and is extendible for a final period of an additional three months. The holder of an SWP must maintain a valid temporary visitor's visa.
Immigrant visas
Generally, a foreign national may acquire immigrant status in the Philippines if their country reciprocally allows Philippine citizens to become immigrants in that country. This privilege is usually embodied in a reciprocity agreement between the Philippines and the foreign national's country. There are four types of immigrant/resident visas, as follows:
Quota visa
The issuance of quota or preference visas is governed by an order of preference and requires the possession of qualifications, skills, or scientific, educational or technical knowledge that will advance and be beneficial to the Philippine national interest. They are issued on a calendar basis and cannot exceed the numerical limitation of 50 in a given year. The most common type of non-quota visa is one that is issued to a foreign national on the basis of marriage to a Philippine citizen.
Special Resident Retiree's Visa (SRRV)
The SRRV is available to foreign nationals and former Filipinos who are at least 35 years of age and who deposit the minimum amount required by law with an accredited bank, to be invested in any of the specifically designated areas. The required deposit is USD 50,000 or USD 20,000 (maintained balance) for applicants who are aged 35 to 49, and USD 20,000 for applicants above 50 years of age (if the 50-year-old applicant receives a monthly pension, the required deposit is USD 10,000).
Retirees enrolled under the SRRV program (except for those who are aged 35 to 49 and have only deposited USD 20,000) may be allowed to withdraw their deposit for conversion into an investment after a holding period of 30 days from the issuance of the SRRV.
Special Investor Resident Visa (SIRV)
The SIRV is a program offered by the Philippine government to foreign investors wanting to obtain a special resident status with multiple entries for as long as they can make and maintain the minimum required USD 75,000 in qualified investments.
A variation of the SIRV is issued to investors in tourist-related projects and tourist establishments. A foreign national who invests at least USD 50,000 in a qualified tourist-related project or tourism establishment, as determined by a government committee, shall be entitled to an SIRV.
Subic Bay Freeport Residency Visas
An investor who has made and maintains an investment of at least USD 250,000 within the Subic Bay Freeport may apply for this visa. Such visa shall be valid as long as the visa holder maintains the investment.
Subic Bay Freeport Residency Visas for retirees
This visa requires the applicant to be over 60 years old, of good moral character, no longer employed or self-employed and receiving a pension or passive income that is payable in the Subic Bay Freeport in an amount exceeding USD 50,000 per year, and have no previous convictions for a crime involving moral turpitude.
Naturalization
It is possible for foreign nationals who reside in the Philippines to be naturalized and become citizens. Dual citizenship of former Filipino citizens is permitted.