# Changing VISA sponsor.



## Tiz (Jan 23, 2016)

I'm here on a 9(g) Visa and Work Permit.

The company that I work for, in their wisdom has decided to move all the employees from this company to that of the head company.
As all except one employee (me) are Filipinos, this is no big deal really.
But for me, I have to go through the following..

Downgrade my current 9(g) visa to a 9(a)
The visa downgrading will be processed in 3-4 weeks from submission date.
The 9(g) visa will be ‘downgraded’, meaning it will be cancelled and replaced with a temporary tourist visa.

As I have an accumulated stay of five (5) years or more in the Philippines, I will be issued an Order To Leave (OTL) by the Bureau of Immigration (BI) which means I will need to exit within 15 days of the issuance of the order and re-enter the Philippines before I can file for your new 9(g) visa application under the new parent company name.
I will also need to apply for an Emigration Clearance Certificate (ECC) to serve as your exit clearance.

In the downgrading application, I can request for the Bureau of Immigration to waive the OTL and highlight that I will be securing employment at the new entity, but this is at their discretion and I cannot guarantee the OTL will be waived.

The timeline I've been given:
Downgrading of the existing 9(g) work visa and cancellation of AEP and ACR I-Cards: 4 to 5 weeks from date of filing
AEP, PWP and 9(g) work visa new applications: 4 to 5 months
Total Estimated Time for end-to-end process (if no Order to Leave issued): 5 to 6 months

After the downgrading process of his existing work pass in the Philippines, there are some allowable activities under the 9(a) visa as below that I can perform :

Exploring new business opportunities in the Philippines;
Making site visits to internal or client facilities or plants;
Attending information sharing business meetings or discussions;
Making sales calls to potential Philippines clients, provided that the employee is representing a commercial entity outside of the Philippines; and
Attending seminars or “fact-finding” meetings.
Anything else would be against the law.

So even best case scenario, there will be quite a long time that I won't be allowed to perform my normal duties.

Of course worst case scenario is if I do have to leave the Philippines because I've been here longer than 5 years.  

Normally, I'd just laugh and fly home for a couple of months, but under current travel restrictions that will be a lot more difficult.


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## bigpearl (Jan 24, 2016)

A very difficult state of affairs Tiz, not one I can help you with in your situation but I did go to the safe and dragged out my old passport with a dozen+ work extension stamps from the 2 times I worked here, 2 x 6 month stints. Both times I worked for the same US based company, was paid in US dollars to my account in Australia (yes I did declare both times). My/our employer would gather the 150 odd workers passports every 2 months and we would generally see them again some 2 weeks later with a new stamp in each. Honestly I never thought about it but upon looking at all of those new additions in my passport they were all based upon and I quote. "VISA WAIVED Pursuant to Memorandum Order No. 64, permitted to stay".
No 9g or permitted to work, no idea the difference but I did work here for 12 months in total. At the end of the day my/our employer did all the paperwork for all alien employees regularly and have been doing the same thing all around the world for near 20 years. Not what you know but who perhaps? Pesos?
I have worked in other countries for an english company over the years and same same, never saw an immigration office, work donkey work, that's why we sit in an office all day even though I had my own office I did spend half the time in the field. (that passport has long gone so no references to other countries)

Only a thought, would (now the PRA have started up again for certain situations) an SRRV and ability to work or contract help given the 4 to 6 month delays in your current situation?

Good luck and keep us informed.

Cheers, Steve.


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## Tiz (Jan 23, 2016)

My main concern at the moment is if the order to leave is not waived.
At least the company has hired an immigration lawyer to help sort it out.

The SRRV might be a valid option as well. Thanks for the suggestion.


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## bigpearl (Jan 24, 2016)

Well all I can say is that as a valuable member/employee of your company they will sort it out as it appears the have started to by engaging an immigration attorney. Some few pesos works it appears from experience.
You know Tiz, at 59 I was living here in our beach house in La union with full intentions of going back to work last August for a 5/6 month stint in a very well paid job,,,,,, for 3 or 4 years prior I considered retirement but the challenge always dragged me back, to date some 15 months on after C-19 I have had multiple job/work contracts thrown in my face and have declined all, retirement and whinging on expat sites, no money worries, strolling down the beach, waking when I want, running A/C when we want, buying a new car every few years, going on holidays,,,,,,, doh, not yet but coming. You get my drift. If I had retired as planned 3 or 4 years ago I would be less comfortable than we are now, No not really as it's so cheap to live here, wasn't a choice back then as I was a glutton for punishment,,,,,,, now? I honestly should have retired when we purchased here over 4 years ago and still would have a great life.

Something else to consider?

Cheers, Steve.


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## Tiz (Jan 23, 2016)

Hi Steve,

My job here is a really a "wind down to retirement".

Before moving here, I was in Singapore and earning more than twice what I do here, when you take into account the higher tax rates in PH compared with SG. 

Of course cost of living is higher in SG, even when compared with BGC where I am now.

I work more as a consultant to junior staff here and it was just an alternative to retirement when I left SG.
I never go into the office and just pick and choose what projects I want to be involved in.
I'm 61 with 42 years experience in my industry (IT), which has some advantages.

I did already retire in Thailand in 2004 when I left a job in the Middle East, but somehow went back to work with my current employer in Singapore in 2007. I only intended doing a 1 year contract, but here I am 15 years later still working.

I'm glad that I didn't stay retired from 2004 onwards, as the global financial crisis did take a big chunk out my retirement funds, but now I'm at the stage where I don't think I'll have any financial issues if I stopped work tomorrow, even with another GFC.

My partner has just started a new job. She is also in IT. 
I'm happy enough to stay 50% busy while she works and anyway during this pandemic, it's not like I have much else to do.

Tiz


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## hendrix187 (Jun 16, 2021)

Hi forum really helpfull post, if anybody could give me an advice i would be so thankful, well I am working in the philippines 3 months now in BPO i am europen citizen and already got my 3 years work permit by the company well to make it short i got a 6months contract with the company and its not sure if can finish my 4 month of contract sadly because of low performance on my site. Now my question HR is now asking me for my passport to process 47a2 visa its already aprooved the thing is i am scared if they fire me then because of OTL and for sure the work permit will be revolked i might leave philippines. wich would not be a problem but in times of corona i would not be able to enter philippines so fast right? what could i do should i talk to HR if they could wait with processing the visa before they not sure in making me a regular worker? my tourist visa will expire in august 2021...i would be really happy for a little help..


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## Tiz (Jan 23, 2016)

I've now officially been told to leave the Philippines.
My lawyer is in the process of preparing the application of Motion of Reconsideration to waive my Order To Leave.
We'll see what happens...


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## Tiz (Jan 23, 2016)

hendrix187 said:


> Hi forum really helpfull post, if anybody could give me an advice i would be so thankful, well I am working in the philippines 3 months now in BPO i am europen citizen and already got my 3 years work permit by the company well to make it short i got a 6months contract with the company and its not sure if can finish my 4 month of contract sadly because of low performance on my site. Now my question HR is now asking me for my passport to process 47a2 visa its already aprooved the thing is i am scared if they fire me then because of OTL and for sure the work permit will be revolked i might leave philippines. wich would not be a problem but in times of corona i would not be able to enter philippines so fast right? what could i do should i talk to HR if they could wait with processing the visa before they not sure in making me a regular worker? my tourist visa will expire in august 2021...i would be really happy for a little help..


Hendrix,
How long have you been in the Philippines?
I would think that if they downgrade your 47a2, it would be to a 9(a) visa.
If you have been in the country for less than 3 years, then you can renew the 9(a) visa continually up until the 3 years maximum.
After that, you will be required to leave unless you can find another job, with an appropriate visa.


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## hendrix187 (Jun 16, 2021)

thanks a lot


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## bigpearl (Jan 24, 2016)

Tiz said:


> I've now officially been told to leave the Philippines.
> My lawyer is in the process of preparing the application of Motion of Reconsideration to waive my Order To Leave.
> We'll see what happens...
> [/QUOTE
> ...


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## bigpearl (Jan 24, 2016)

hendrix187 said:


> thanks a lot


I would agree with Tiz. Why haven't you already talked to your HR department for your options?
I would also query what you said "low performance on my site" Was that your low performance or the company going down the drain? If the later then little to be accomplished.
While I have no idea what a 47a2 visa is, (will consult my best friend google after this) it appears from what you said that you are here on a tourist visa expiring in August. You can file for an extension of 59 days but from what I've heard could be knocked back, also about PHP 25K to go down that path with no guarantee of success.
An overstay is another option but personally I wouldn't go down that path.

Good luck and I hope you find some answers for your dilemma.

Cheers, Steve.

I did read about 47 (a) (2) A non immigrant visa with very limited options, good luck.


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## Abre B (Jul 2, 2021)

Tiz said:


> I've now officially been told to leave the Philippines.
> My lawyer is in the process of preparing the application of Motion of Reconsideration to waive my Order To Leave.
> We'll see what happens...


Hi Tiz
I am in a similar situation but with 47a2. The visa downgraded and there is an OTL. They didn't waive off. This is for a job change with 47a2 again. The new company's lawyers are very slow and it seems never handled such a case offcourse they didn't see a pandemic like this, may be thats why. I am thinking of filing motion for reconsideration.i stayed here close to 4 yrs. Any idea if I can overstay with a 9a visa (downgraded), pay penalty or Srrv is also an option not sure if PRA is granting now a days. Hope you can resolve your case in due course of time. Good Luck.


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## Tiz (Jan 23, 2016)

Good luck also.

Once the motion for reconsideration is issued, then the OTL is temporarily suspended until a final decision is made.
I'm told this could take up to 2 months.
If you overstay, then I'd think you have less chance of having your next visa approved, and would be forced to leave anyway.
I also looked into the option of applying for SRRV, but the lawyer told me that I'd still have to leave before I could come back and then apply, so it's not really an option.

My Motion of Reconsideration is now in review.
My employer is already making plans for me to work out of the Singapore office if it is denied.


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## Abre B (Jul 2, 2021)

Thanks for the insight Tiz! Much appreciate.


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## Tiz (Jan 23, 2016)

Tiz said:


> In the downgrading application, I can request for the Bureau of Immigration to waive the OTL and highlight that I will be securing employment at the new entity, but this is at their discretion and I cannot guarantee the OTL will be waived.


I found out today that the OTL has been waived. A great relief.
Now to apply for the new work permit and visa..


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## quinnie (Sep 8, 2021)

Hi Tiz, congrats for your OTL been waived. It’s would be great if you can share how can process that. 


Tiz said:


> I found out today that the OTL has been waived. A great relief.
> Now to apply for the new work permit and visa..


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## Tiz (Jan 23, 2016)

quinnie said:


> Hi Tiz, congrats for your OTL been waived. It’s would be great if you can share how can process that.


Hi quinnie.
The process is outlined here:





Motion for Reconsideration on Updating and Extension of Authorized Stay







immigration.gov.ph


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## quinnie (Sep 8, 2021)

Tiz said:


> Hi quinnie.
> The process is outlined here:
> 
> 
> ...


thank you for sharing, this will help me a lots later


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## Tiz (Jan 23, 2016)

New work permit has now been applied for.
Lots of paperwork from my company and also from me.
There was a delay also as they needed to advertise the position locally to ensure that I'm not taking a job that a local could do.
It should take another 3 or 4 weeks until completion.


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## Tiz (Jan 23, 2016)

Tiz said:


> It should take another 3 or 4 weeks until completion.


Just an update:
Now 7.5 months later....

DOLE (department of labor and employment) have issued my Alien Employment Permit, but after so long, I still do not have my 9(g) visa approved.

This seems to be standard at the moment. I heard of someone else that took 9 month for their 9(g) visa to be approved.

So currently my 9(a) visa keeps expiring, and so I need to continually apply for extension of the 9(a) and Motion of Consideration to prevent having to leave the Philippines.


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## Tiz (Jan 23, 2016)

9(g) finally approved today.
Now, another 3 or 4 weeks to get my new ACR I-card


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