QuestionsQuestions (BI OPERATION ORDER SBM-NO. 2013-019)
It establishes the rules on when and how aliens who begin employment while their AEP or 9(g) commercial visa applications are still pending must secure a Provisional Work Permit, including documentary requirements, validity, and fees.
Aliens who have already commenced employment while their applications for an Alien Employment Permit (AEP) or 9(g) employment [commercial] visa are still pending must secure a PWP.
It cites the Philippine Immigration Act of 1940 (CA 613), as amended, particularly Section 3 (authorizing the Commissioner to issue rules/instructions), and references prior Memorandum Orders from 2005 concerning AEP and 9(g) processing.
It notes that Memorandum Order No. AFFJr.-2005-009 (9 February 2005) provided that the application for an AEP serves as a Provisional Work Permit while the AEP is being processed; SBM-No. 2013-019 later formalizes PWP requirements.
It provided that an application for 9(g) employment (commercial) visa should be filed within 15 days from issuance of the AEP; the operation order notes that many aliens no longer apply for 9(g), prompting clarification of PWP rules.
A letter-request with an undertaking to withhold and remit BIR taxes due on all income of the applicant, and a statement that all submitted documents were legally obtained from the corresponding government agencies.
It is the required application form that must be fully filled out and notarized before submission for PWP.
A photocopy of the applicant’s passport showing the bio-page and proof of authorized stay of at least 20 days.
Proof that the applicant has secured a Taxpayer Identification Number (TIN).
A photocopy of the official receipt for the application for an AEP, or a photocopy of the AEP itself.
For corporations or partnerships: photocopy of SEC Registration, By-Laws, and Articles of Incorporation; for single proprietorship: photocopy of DTI Certificate of Registration of Business Name.
It must specify the exact compensation to be earned by the applicant.
It is valid for three (3) months or until a 9(g) working (commercial) visa has been issued in favor of the applicant—whichever comes first.
Because the PWP is meant to cover the gap while applications are pending; once the 9(g) visa is issued, the PWP becomes unnecessary regardless of remaining time.
The total is P4,040, broken down into application fee, certificate fee, legal research fees, service fee, PWP fee, and express lane fees.
Application Fee P2,000; Certificate Fee P500; Legal Research Fee P20 (listed); Service Fee P100; PWP Fee P400; another Legal Research Fee P20; Express Lane Fee (Certification) P500; Express Lane Fee (Filing) P500; total P4,040.
It repeals, amends, or modifies all circulars, issuances, and memoranda inconsistent with this operation order.
It takes effect fifteen (15) days from publication and fifteen (15) days from receipt of the Office of the National Administrative Register (ONAR), UP Law Center, UP Diliman, Quezon City.