IMMIGRATION ISSUES: Pakistani Working in the Philippines For A Month!

I got this email from a client:

I have a question. Is the visa for Pakistan the same visa as that the other visiting language interpreters (i.e. Mongolian, Taiwanese, Indonesian, Cambodian, and Thai) get? What work visa is needed for the four - weeks employment of the language interpreter? How to obtain and how much is the fees?

My reply.

A. Entry Visa to the Philippines

The entry visa required of Pakistani language interpreter coming to the Philippines is the same as the entry visa required of Taiwanese since both nationalities are classified as "restricted" nationals by the Philippine Department of Foreign Affairs (DFA).

As such, the Pakistani language interpreter need to secure from the Philippine Consulate/Embassy in their country a 9 (a) business visa for travel to the Philippines. The 9(a) business visa is valid for 59 days.

It takes 10 working days for the 9(a) business visa to be secured by the Pakistani language interpreter from the Philippine Consulate/Embassy in Pakistan. (Click this link too for the requirements and fees for the visa).

This entry visa, however, is not required for Mongolians, Cambodians, Thais and Indonesians who are "non-restricted" nationals and are allowed to travel to the Philippines for business and tourism purposes without visas for a stay not exceeding twenty-one (21) days, provided they hold valid tickets for their return journey to port of origin or next port of destination and their passports valid for a period of at least six (6) months beyond the contemplated period of stay

All teachers, whether "restricted" or "non-restricted", are required to secure a Special Work Permit (SWP) to engage in gainful employment in the country for a period not exceeding six (6) months.

B. Appropriate Work Visa for Pakistani Teacher/Translator

Immediately upon the arrival of the Pakistani language interpreter, the language interpreter/translator is required to obtain the proper work visa because the language interpreter will be performing work in the Philippines.

Given that the language interpreter/translator will work in the Philippines on a one-time basis and will stay in the Philippines for a period of only four weeks, it would be sufficient for the language interpreter/translator to obtain a Special Work Permit ("SWP") valid for three months (and renewable for another three months) from the Bureau of Immigration. There should be a local petitioner for the SWP application.

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

a) Photocopy of the pertinent pages of the passport of the expatriate;
b) Signed bio-data/curriculum vitae;
c) Photocopy of SEC Certificate of Registration, By-Laws and Articles of Incorporation of the petitioning company;
d) Contract of Employment/Appointment Letter (Fixed Period Employment Contract);
e) Duly signed and notarized Application Form and cover Letter Application for SWP; 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 PhP 7,000.00 per application.

Under the current guidelines of the Bureau of Immigration, Special Work Permits (SWPs) are valid only for the duration of the holder’s current stay and are automatically cancelled upon departure from the Philippines. Thus, MTC language interpreter returning either to resume an assignment, or to start a new one, must apply for a new SWP after re-entry, provided that the total project or assignment period does not exceed six (6)months (or 180 days in a year ).

As holder of an SWP, the language interpreter/translator will be exempted from obtaining an alien employment permit from the Department of Labor and Employment. However, please note that the language interpreter/translator' "authorized stay" (i.e., 9[a] visa which will be stamped on the teachers/translators' passports at the airport) must always be extended and updated during her entire stay in the Philippines.

Please be informed further that the Bureau of Immigration implemented the Alien Certificate Of Registration Immigration Card Project (“ACR I-Card Project”).
The ACR I-Card Project automates the entire process of alien registration and integrates the issuance of various paper-based alien documentations into a microchip-based identification card called the ACR I-Card.

The ACR I-Card is a microchip-based credit card-sized identification card issued to registered alien replacing the paper-based ACR. It has an embedded computer chip with biometric security features capable of data management and can be updated electronically. It is fraud and tamper-proof/resistant valid until the death of the holder but RENEWABLE every year.

The ACR I-Card likewise serves as the Emigration Clearance Certificate (ECC), Re-entry Permit (RP) and Special Return Certificate (SRC) of the holder upon payment of the required fees.

In view of this ACR I-Card Project, the Pakistani Teacher will pay $50 (or its peso equivalent at the time of payment) for the ACR I-Card valid for a year.

JRCLS Philippines Chapter: Making A Difference!!

The Starfish

"An old man was walking along the beach.In the distance he saw someone who seemed to be dancing along the waves. As he got closer, he saw a woman picking up starfish and tossing them back into the ocean. "What are you doing?" The old man asked. "The sun is coming out.If I don't throw them in they will die". "But woman, there are many miles and miles of beach with starfish all along it. You can't possibly make a difference". The woman bent down,picked up a starfish and threw it back past breaking waves". "It made a difference to that one!"

Like the woman in the story, the wonderful members of the J. Reuben Clark Law Society Philippines Chapter (JRCLS) desire to make a difference in the lives of those LDS members who stand injured and unprotected legally.

Since its formation, the members of the Philippines Chapter have extended legal aid services under the society’s legal aid program to a number of qualified recipients. To date, there are 40 individual cases terminated and on-going where the Law Society Members have handled or assisted the clients. Members of the Law Society who render pro-bono legal assistance best epitomize the virtues that the Law Society espouses. In a variety of ways, Law Society members are actively seeking to care for the poor, the needy, and the disadvantaged and have helped the plight of many who, without pro bono assistance, would stand injured and unprotected.

The success of the Legal Aid program is demonstrated in the Philippines Chapter First Case - The Annabel's Case
Handled by: Atty.Rodrigo Reyna, Atty.Robert Cauilan and Atty. Ernesto San Juan

FACTS:

Annabel is a single mother to an 11 year old daughter, an active member of a Ward in Las Pinas Stake. She is an Immigration Facilitator of American Dream Immigration Consultancy Inc. for 4 years.

On March 15, 2008 she was arrested while giving seminar on immigration in an entrapment planned by the Public Employment Service Office of Baler, Aurora and jailed without bail.

She was charged with Illegal Recruitment Large Scale/Syndicated Estafa before the Provincial Prosecutor’s Office.The lawyer engaged by her company did not show up after the lawyer’s first meeting with her.

Her co-accused, the person who asked and arranged for the seminar, is a brother-in-law of the Vice-Governor who is a political enemy of the Governor.
The arrest was aired on local radio and touted a victory against illegal recruiters.
Baler, Aurora is too far, with roads almost not passable to small vehicle.
On 21 May 2008, the law society took her case upon representation by her bishop in her behalf. On July 1, 2008 or about one (1) month from the first visit, Annabel was free on bail. Subsequently, the complaints were dismissed.

CONCLUSION:

Annabel has a good cause and she was faithful despite her sufferings, maintaining gospel standards while availing the pro-bono legal services. The priesthood leaders supported her in many ways. Resources for leg work, transportation, food, lodging, bail and other expenses were made available by kind-hearted members and friends.
Volunteer Lawyers dispense legal services with the “energies of their soul”.
Everyone involved put his trust in the Lord.

OUR PLEA
The Annabel Case tells us that there is no reason pro bono legal services on other worthy case referrals cannot be dispensed with.

The performance of the needed legal services is and must be a shared responsibility of the client and his family or relatives, the priesthood leaders and the handling lawyers.

With this year’s Second Anniversary celebrations slated on August 20-21, 2010, we adopted the theme, “Awake and Arise: Improving Lives Through Legal Aid Service“, with the hope of awakening and arousing every faculties, as described in Alma 32:27 and rolling up our sleeves with a new commitment, putting our trust in the Lord that we can do better than we have ever done before.