QuestionsQuestions (APEFZ Joint Memorandum Order No. 1, s. 2014)
It sets the rules and procedures for issuing an Alien Employment Permit (AEP), APECO work permits and visas (ASWP, APWP, AWV, ADV), and the APECO Special Investor’s Visa (ASIV), and harmonizes policies, procedures, fees, and charges for foreign investors, executives, employees, and their dependents within the Aurora Pacific Economic and Freeport Zone (APEFZ), through APECO with DOLE and the BI.
An AEP is the document issued by DOLE (through the DOLE Regional Director with jurisdiction over APEFZ) authorizing a foreign national to work in APECO or any of its registered enterprises. It is a prerequisite for the issuance of a Working Visa.
Foreign nationals who are appointed or designated as elective or non-elective officers, or contracted for employment by a registered enterprise in APEFZ, must secure an AEP.
Examples include: (1) members of the diplomatic service and foreign government officials accredited with reciprocity; (2) officers and staff of international organizations where the Philippines is a member and their legitimate spouses desiring to work; (3) elected Governing Board members who only have voting rights and do not occupy any other position; (4) visiting professors/researchers under reciprocal arrangements; (5) permanent/temporary or probationary resident visa holders; and (6) categories granted exemption by law.
Applications are initially filed before APECO officials duly authorized to receive and process applications filed by registered enterprises in APEFZ. The foreigner may be represented by the employer or an official liaison officer of APECO in any stage of the AEP application.
Only applications with complete documentary requirements shall be received and acted upon by APECO for endorsement to the DOLE Provincial/Regional Office within eight (8) working hours from receipt. DOLE then proceeds with publication (within two working days from receipt with complete documents).
DOLE shall publish applications for new AEPs, changes/additional positions in the same company, or subsequent assignments in related companies within two (2) working days upon receipt of a complete application. Objections/information may be filed during the foreign national’s period of employment.
No AEP with a validity period of more than three (3) years shall be issued. For new AEPs, validity commences on the issuance date. For renewed AEPs, validity begins on the day following expiration.
Additional positions or change of position in the same company or related companies during validity/renewal require publication and payment of publication fee. However, a change of employer requires an application for a new AEP.
No. Simultaneous employment of non-resident foreign nationals in other companies is prohibited.
If employment is for not exceeding 180 days, the foreign national applies for an APECO Special Work Permit (ASWP). The ASWP holder must continuously update the Temporary Visitor’s Visa. If employment needs to extend after ASWP expiration, the foreign national must apply for an AEP at least 21 working days before ASWP expiry.
Key requirements include: (1) notarized letter request from employer with a declaration of good medical/psychological condition; (2) duly accomplished application form; (3) passport bio page and latest immigration stamp photocopy; (4) certified true copy of a valid AEP; and (5) BI clearance certificate. Renewal of AWV follows the same requirements, including a certified true copy of a valid AEP.
The minimum investment is US$150,000 (or its peso equivalent). The ASIV is valid while the investment in APEFZ remains at a minimum of US$150,000.
DOLE may deny an AEP based on: recommendation of APECO; misrepresentation; submission of falsified/tampered documents; conviction or being a fugitive; or availability of a competent, able, and willing Filipino for the job. Denial results in forfeiture of fees paid by the applicant.
DOLE may cancel/revoke an AEP for non-compliance with requirements/conditions, misrepresentation, falsified/tampered documents, meritorious objections, criminal conviction/fugitive status, or employer termination of employment—after due process. Affected foreign nationals cannot reapply in any DOLE Regional Office unless they prove the ground has been corrected.
DOLE imposes a fine of P10,000 for every year or fraction thereof on foreign nationals found working without a valid AEP or with an expired AEP. Employers are also fined P10,000 for every year or fraction thereof for employing foreign nationals without a valid AEP.
They must inform the OSS within 5 working days and, when applicable, surrender the work permit/ACR I-card to the OSS. Failure to comply is a valid ground for denial of future work permit applications of prospective employees of that employer/locator.