I. Introduction
We understand that navigating Philippine immigration laws can be complex and intimidating, especially for foreign nationals seeking to build a life or career in the Philippines. We regularly assist clients with visa applications, employment compliance, and residency issues, ensuring that every step taken aligns with Philippine law and international best practices.
The Philippine Immigration Act of 1940 is the cornerstone of our country’s immigration framework. Under the Act, visas are categorized by the specific purpose of stay. In this edition of Legally Speaking, we shall discuss the most common visa types that you will encounter – 9(A), 9(G), 13(A), and 47(A)(2).
II. 9(A) Visa: Temporary Visitor’s Visa
Depending on the foreign national’s purpose of visit, i.e., business, leisure, medical treatment, journalism or any other reason, this visa type may be categorized to other sub-types, e.g., 9(a-1) up to 9(a-8). It is important that a foreign national shall apply for the correct category to avoid any inconvenience while visiting the country.
Applicants are required to file an application at least one (1) month before the intended travel to the Philippines. After assessment, applicants may be given an initial seven (7) to thirty (30)-day period to stay in the Philippines. Depending on several factors, an initial approval of thirty (30) days is common and the stay may be extended to fifty-nine (59) days, depending on the visitor’s country of origin; the applicant can further secure an extension of stay to a maximum stay of sixteen (16) months.
The Philippine Bureau of Immigration has also launched a Long-Stay Visitor Visa Extension or LSVVE. Under the LSVVE, all temporary visitors, regardless of nationality and not otherwise disqualified, who wish to extend his or her tourist visa during the last thirty (30) days of the previously issued LSVVE, or upon the expiry of a regular visa extension, may now do the same in one single transaction. However, total duration of extension shall be not more than six (6) months from the time of expiration of authorized stay.
III. 9(G) Visa: Pre-arranged Employment Visa for foreign nationals with a job offer in the Philippines
The 9(G) Visa is for foreign national employed by a Philippine-registered company. This visa entitles the holder with multiple-entry privileges. With the 9(G) visa, the foreign national is entitled to legitimately work and stay in the country approved by the Bureau of Immigration which duration should have the same timeline with his or her employment contract. The whole visa processing usually takes two to three months. While waiting for the approval of the 9(G) visa, the applicant who wishes to stay in the country, should continuously update his immigration status by extending his or her tourist visa, otherwise, he or she may be charged with violation of immigration laws and may face arrest. Foreign national are prohibited to work pending approval of his or her 9(G) visa. Common scenarios that we encountered are when the foreign national is seen in a business entity with semblance of or even actually performing an employment task thereat outside his or her visa category or pending his or her visa approval for his or her 9(G) application; hence, he or she may be included in the arrest during immigration crackdown. Although the subject person shall be given his or her day in court or due process, the inconvenience and anxiety are not worth the risk. The solution therefore is, if the foreign employee is required to start working immediately even while the visa is in process, the foreign employee may ask or apply for Provisional Work Permit (PWP) and shall be secured.
Once the 9(G) Visa has been approved and the foreign employee has been promoted, the good news is according to a Bureau of Immigration’s board resolution, subject to several requirements, 9(G) Visa holders who are promoted to a higher position in the same company are no longer required to downgrade or apply for another visa.
IV. 13(A) Visa: Non-Quota Immigrant Visa by Marriage
The 13(A) Non-Quota Visa is issued to foreign nationals who have contracted a valid marriage with a Filipino spouse acting as the petitioner of the visa. While waiting for the visa approval, the Applicant may stay in the Philippines under a tourist visa with option for extension as necessary. The 13(A) visa holder is exempt from securing an Alien Employment Permit (AEP). However, a Special Work Permit (SWP) must be secured if the foreign spouse is employed here while the 13(A) visa is being processed. SWP is valid for 3 months and is renewable for another three (3) months. Continuous physical presence in the Philippines is recommended during the visa processing to avoid re-validation by Immigration. Other immigrant visas are also available depending on the circumstances of the case.
V. Special Non-Immigrant Visa or 47(A)(2)
Section 47(A)(2) of the Philippine Immigration Act allows the President to admit, as nonimmigrants, aliens not otherwise provided for by the said Act, who are coming for temporary period only, under such conditions as he may prescribe. This includes, but not limited to special visas under special laws, for investors or employees, for exchange professors, students, charitable organizations, and the like.
About the Authors
Our lawyers bring pioneering experience in technology and financial technology law, our practice requires us to work closely with foreign nationals and employees. With the same, we help them navigate the complex field of immigration law.
For more information, you may contact us at info@narplaw.com or at 09063731095.