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IMMIGRATION ISSUES: Processing Special WorkPermit at BID

Last Monday, I was at the Bureau of Immigration in Manila to apply for accreditation for my new law office, to file two (2) applications for Special Work Permit for my Mongolian clients who are in the Philippines for a one-month fixed period employment as MTC Mongolian Language Interpreters and visit some old friends who are still working at the Bureau. Many things have changed over the years, since I was working there last. There is much order in the manner by which applications and extension of stay are being done. Accompanied by my brother Mike as the law office paralegal, we were able to make the extension and file the applications in a few hours. I was also told that the approval will come in two days.

Under the guidelines issued by the Philippine Department of Foreign Affairs, Mongolian nationals are considered as "unrestricted" nationals. As such, they do not need to obtain entry or 9(a) visas prior to entering the country. Upon arrival in the Philippines, the "unrestricted" foreign nationals will be given 9(a) visas valid for 21 days (shorter for some foreign nationals) which can be extended, if necessary, during their stay in the Philippines.

Aside from the 9(a) visa, the Language Interpreters/translators, whether restricted or unrestricted, must also have with them upon arrival (a) a passport valid for not less than six months beyond their contemplated period of stay, and (b) a valid return ticket.

Immediately upon the arrival and before the start of the orientation, and thereafter the training program, the interpreters/translators are required to obtain the proper work visa because they will be performing work in the Philippines. The interpreters/translators are employed on a one-time basis and will stay in the Philippines for a period of only four weeks. Under the circumstances, it would be sufficient for the teachers/translators to obtain a Special Work Permit ("SWP") valid for three months (and renewable for another three months) from the Bureau of Immigration in connection with the pilot training program. The emplyer is the local petitioner of the SWP applications.

The requirements that must be submitted in connection with an application for an SWP are as follows:

a) Letter-Request by petitioning company (duly notarized);
b) Photocopy of the pertinent pages of the passport and the authorized stay;
c) Signed bio-data/curriculum vitae;
d) Photocopy of SEC Certificate of Registration, By-Laws and Articles of
Incorporation of the petitioning company;
e) Contract of Employment/Appointment Letter; and
f) As per M. O. No. ELM-083, where the applicant shall receive compensation
from Philippine sources, there shall be submitted an Affidavit of
Undertaking to Withhold and Remit to the Bureau of Internal Revenue taxes
due on all income.

The processing period to obtain an SWP is around one week from the submission of the complete documentary requirements; while the estimated government fees are approximately PhP6,000.00 per application.

Comments

MheAnne said…
The SWP applied last June 15 was approved on June 17 by the Office of Commissioner Enrique Galang. It was really fast! Thanks to an LDS brother working at the Office, ensuring an expedited service.

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