Question & AnswerQ&A (BI OPERATION ORDER SBM-NO. 2013-019)
The primary legal basis is the Philippine Immigration Act of 1940 (CA 613), as amended, which mandates the Bureau of Immigration to administer and enforce alien admission and registration laws.
A Provisional Work Permit (PWP) is a permit that aliens must secure if they begin employment while their applications for an Alien Employment Permit (AEP) or 9(g) employment visa are still pending.
Documents required include a letter-request from the petitioner-company with an undertaking to withhold and remit BIR taxes, a notarized Consolidated General Application Form, photocopy of the applicant's passport showing authorized stay, proof of Taxpayer Identification Number, photocopy of AEP or its application receipt, business registration documents, and employment contract specifying compensation.
The PWP is issued when aliens have commenced employment while their applications for an Alien Employment Permit (AEP) or 9(g) employment visa are still pending.
The PWP is valid for three (3) months or until a 9(g) employment visa has been issued in favor of the applicant, whichever comes first.
Total fees amount to P4,040, covering application fee, certificate fee, legal research fee, service fee, PWP fee, and express lane fees among others.
All inconsistent circulars, issuances, and memoranda are repealed, amended, or modified accordingly as stated in the repealing clause.
The application must be filed within fifteen (15) days from the date of issuance of the AEP, according to Memorandum Order No. AFFJr.-2005-023.
The petitioner company must undertake to withhold and remit BIR taxes due on all income of the applicant and confirm that all submitted documents were legally obtained from the corresponding government agencies.