# Work Visa possibilities



## ExpatMRTW (Apr 3, 2016)

*Obtaining an AEP?*

Hi there,

starting to gather some first information around work visa's in the Phils.

I am familiar with the Philippines as I am travelling there several times per year on extended business since more than 6 years by now.

The thought of relocating there full time is crossing my mind and I am exploring the different options of getting a work permit.

My background is in the BPO industry as an Executive in my current function. As such I have hypothetically a decent pool of opportunities available, for which I need a work permit however.

My current employer stopped expatriating, hence that option is not open any longer.

My question: what are the AEP possibilities when seeking employment while in the Phils (I am planning to take 6 month off first recharge before entering the workforce again).

Also, are you able to seek employment with a 13A visa?

Is it realistic to get an employee sponsored AEP while in Phils?

I am also thinking about opening up a business with my partner (restaurant) in a corporation. Would that allow me to seek employment outside of my registered business?

I do have sufficient funds to stay for at least 12 month without income in Manila (again, I would need a tourist visa for such an extended time and/or re-enter Phils several times).

Any info would be much appreciated.

Thank you.


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## Gary D (Oct 28, 2013)

I can't answer many of your questions but it will be your future employer that gains a work visa not you. We aware of promises that never happen. With trying to secure your investment by way of a corporation, you can still only have 40% ownership and the the other 60% philippine owned is split amongst 5 others. They must put up 60% of the capital for it to be legal. Be aware of the anti dummy corporation laws. If you are going into a business with your partner let them have 100% and stay in the background. There is a lot of opposition to foreign owned businesses in the Philippines from the locals as they think you are only there to steal their money.


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## M.C.A. (Feb 24, 2013)

You won't need a work visa if you have a 13a Visa but you do need to register with many spots such as the barangay, barangay clearance, a letter of recommendation and I think a posting in Manila Times for 30 days for the job offer, and before you start your first day you must be register with SSS, BIR.


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## ExpatMRTW (Apr 3, 2016)

M.C.A. said:


> You won't need a work visa if you have a 13a Visa but you do need to register with many spots such as the barangay, barangay clearance, a letter of recommendation and I think a posting in Manila Times for 30 days for the job offer, and before you start your first day you must be register with SSS, BIR.


Thank you! Very good information.

So, the 13a appears to be merely an enabler to seek employment. 

Assumed that you ran through interviews and are negotiating a job offer, are all remaining registrations just a formality or can employment still be refused at that point?

In particular I'm not clear about the 30 day posting you mentioned.


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## ExpatMRTW (Apr 3, 2016)

Gary D said:


> I can't answer many of your questions but it will be your future employer that gains a work visa not you. We aware of promises that never happen. With trying to secure your investment by way of a corporation, you can still only have 40% ownership and the the other 60% philippine owned is split amongst 5 others. They must put up 60% of the capital for it to be legal. Be aware of the anti dummy corporation laws. If you are going into a business with your partner let them have 100% and stay in the background. There is a lot of opposition to foreign owned businesses in the Philippines from the locals as they think you are only there to steal their money.


Thank you!

Yes, I would want to be very cautious about setting up a corporation and your advise about staying in the background confirms what others are advising.

Regarding employment through a company: also that can be tricky as you stating. I'm talking to a start-up and can see red flags all over.

It's more fun in the Philippines 

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## Gary D (Oct 28, 2013)

ExpatMRTW said:


> Thank you! Very good information.
> 
> So, the 13a appears to be merely an enabler to seek employment.
> 
> ...


The 13a visa is a non-quota visa for a spouse of a Philippine citizen. You can get a business visa but it is many thousands of dollars.

Until the work visa lands in your lap a refusal is alway possible. Your employer has to satifactory prove that they cannot employ a local with the skills required. It is not unknown for an employer to string along a foreign employee because the obtaining of a work visa can be arduous and expensive. It is likely to end in deportation and black listing.


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## M.C.A. (Feb 24, 2013)

*Seeking employment*



ExpatMRTW said:


> Thank you! Very good information.
> 
> So, the 13a appears to be merely an enabler to seek employment.
> 
> ...


I was seeking a call center job but I live so far away from the city that I have given up but I got some good information from an expat that is working in one, here are the steps he ran by me, here's modified email message below, with names and phone numbers removed.

If you already have your 13A you're all set as far as work permits go. 2nd, if you do have a 13A it's a non-quota permanent resident visa. Depending on how soon you got it, you may already have an NBI clearance 6 mo or less. If not, you will need one. Next a local police clearance (Not hard). 3rd, a local residency permit from your city hall. 4th a Barangay clearance from your Barangay Captain. Your wife can help with that one. They usually require a local college degree with 72 credits. Next my friend notified me that I will need a reference and he gave me all his information.

If they accept you they will need 3 additional things:

1.) Take the copy of the employment contract and go to your local SSS office and apply for your SSS#.
2.) Same with BIR. You will need a tax id #.
3.) They will send you for a physical exam at company expense.

I had a hard time finding the link that proves we can work on our 13a Visa, I did find it before but the Philippine Bureau of Immigration website is constantly changing and it frequently goes through major upgrades, I did find the Philippine Commonwealth Act of 1940, Amended, under sections 13 and 20, its also known as the Philippine Immigration Act.
http://www.gov.ph/1940/08/26/commonwealth-act-no-613/

If you choose to get a work permit, here's a link to the Philippine Government website that handles those procedures, it's called the Bureau of Local Employment.

FAQs on AEP


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## ExpatMRTW (Apr 3, 2016)

Gary D said:


> .... Your employer has to satifactory prove that they cannot employ a local with the skills required. .... It is likely to end in deportation and black listing.


Thank you Gary.

The above doesn't make sense to me though.

So the 13a does grant general permission to work after you jumped through the hoops of all paperwork, then:

a) how can one still face deportation 

b) why would the prospective employer still have to proof that they cannot employ a local with the skills required?

If you are a permanent resident (a) that threat should be eliminated I would assume.

And if you have to go through (b) then what's the difference between 13a and a general employment sponsored work permit?


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## ExpatMRTW (Apr 3, 2016)

M.C.A. said:


> .... They usually require a local college degree with 72 credits....
> 
> [/url]


Thank you MCA!

One first question (among others) is the item around local college degree.

That requirement would eliminate mostly all permanent residency applicants as it would require years of full time school aside the fact that many applicants might already have degrees, etc. Plus what's the purpose of such rule..

Perhaps I misunderstood this part though?

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## M.C.A. (Feb 24, 2013)

*Work requirements are vague*



ExpatMRTW said:


> Thank you MCA!
> 
> One first question (among others) is the item around local college degree.
> 
> ...


Sorry I had to cut most of the message up due to all the phone numbers my friend sent me but basically since we speak English, they overlook the need for a college degree, so it was not needed for me and the call center job I was interested in.


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## Gary D (Oct 28, 2013)

ExpatMRTW said:


> Thank you Gary.
> 
> The above doesn't make sense to me though.
> 
> ...


Just me changing lanes without signalling. If you have a 13a no problem, if you are not married to a local the work permit applies.


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## sappy15 (Mar 17, 2016)

Hi everyone,

My would be relocating soon to Manila on a valid work permit. Incase my wife cannot secure a job by that time she will move with me on a dependent/spouse visa.

Now can she look for jobs in Manila on a spouse visa immediately. Will she be eligible for employment? And will she get a work permit incase she lands a job.

Any suggestions would help.

Thanks

P.S. Sorry for interrupting the thread with my q. But thought its an apt thread to ask.


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## Gary D (Oct 28, 2013)

sappy15 said:


> Hi everyone,
> 
> My would be relocating soon to Manila on a valid work permit. Incase my wife cannot secure a job by that time she will move with me on a dependent/spouse visa.
> 
> ...


As far as I'm aware as person on a dependants visa is not allowed to work so a work visa would be necessary.


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## sappy15 (Mar 17, 2016)

Gary D said:


> As far as I'm aware as person on a dependants visa is not allowed to work so a work visa would be necessary.


Thanks Gary.

I understand you cannot work on a dependent visa, and you need to secure a work permit.

But my question was that can you secure a work permit while on a dependent visa. Like I have heard in the US, you cannot secure a work permit in the first year of your dependent visa. Any such rules in the Philippines?


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## Gary D (Oct 28, 2013)

sappy15 said:


> Thanks Gary.
> 
> I understand you cannot work on a dependent visa, and you need to secure a work permit.
> 
> But my question was that can you secure a work permit while on a dependent visa. Like I have heard in the US, you cannot secure a work permit in the first year of your dependent visa. Any such rules in the Philippines?


From the expat careers website.

"Please note that holders of dependent visas are not allowed to work in the Philippines whether full or part-time. The moment that they work under a dependent visa they cease to be dependents and they violate the conditions of their stay and may be subject of a deportation proceeding.17 By engaging in personal employment each dependent must apply for their own working visa together through an application filed by their employer."

From my reading it looks like the dependent would need to downgrade to a visit visa and then apply for a work visa to be able to work.


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## ExpatMRTW (Apr 3, 2016)

Gary D said:


> Just me changing lanes without signalling. If you have a 13a no problem, if you are not married to a local the work permit applies.


Thank you for clarifying 

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## ExpatMRTW (Apr 3, 2016)

M.C.A. said:


> Sorry I had to cut most of the message up due to all the phone numbers my friend sent me but basically since we speak English, they overlook the need for a college degree, so it was not needed for me and the call center job I was interested in.


Thanks for the clarification - that makes more sense.

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