Purpose and relationship to Law Instructions No. 27
- Law Instructions No. 42 governs the issuance of SWPs by adding and clarifying rules previously set under Law Instructions No. 27.
- The rules on validity, extensions, and fee assessment are implemented as additional provisions for SWPs.
- The instruction establishes special treatment for alien journalists/foreign correspondents and for certain expatriates in hotels/restaurants with pending pre-arranged employment visa applications.
Special Work Permit validity rules
- An SWP is valid for a period determined by the CID as necessary for the temporary visitor’s temporary engagement in a non-immigrant business.
- The SWP validity period must not exceed the authorized stay of the temporary visitor.
- An SWP may be extended if the application is made prior to expiration, and the aggregate continuous period of validity must not exceed 1 year and 59 days, or the temporary visitor’s authorized stay, whichever comes first.
- The validity period of an SWP continues to run despite the absence of the temporary visitor from the Philippines.
- No expired segment of an SWP is reinstated upon the temporary visitor’s re-entry.
Extension, re-application after expiration
- A temporary visitor whose prior SWP has expired may apply for a new SWP if the bases for the grant under Law Instructions No. 27 continue to exist.
- A temporary visitor may re-apply for a new SWP only if the visitor is not engaged in employment that requires a pre-arranged employment visa.
Standard SWP application and processing fees
- An application for an SWP is assessed a fee of PHP 300.00.
- An SWP issued with initial validity in excess of 3 months is assessed an additional fee of PHP 100.00 per month.
- An SWP extended beyond the initial validity is assessed an additional fee of PHP 100.00 per month.
- An overtime fee of PHP 200.00 is assessed for Express Lane Service.
- If a single application covers more than one applicant, only a single overtime fee is assessed.
- Under Express Lane Service, an application received between 8:00–11:30 a.m. is released the same day, while an application received in the afternoon is released in the morning of the following day.
- Under regular processing, an application is acted upon and released within three working days.
Indefinite SWP for accredited alien journalists
- An alien journalist or foreign correspondent pursuing professional work in the Philippines is granted an indefinite SWP.
- The indefinite SWP remains effective for as long as the journalist or foreign correspondent remains accredited with the International Press Center.
SWP exception for hotel/restaurant expatriates
- Expatriates in hotels and restaurants with pending applications for pre-arranged employment visas are processed under the Revised Joint Circular among the Department of Tourism (DOT), Department of Labor and Employment (DOLE), and the CID.
- Pre-arranged employment visa applications for these expatriates are required to be processed by a committee composed of representatives from the DOT, DOLE and the CID.
- Due to delay in initial implementation of the joint screening procedure, an applicant who has submitted complete documents supporting the pre-arranged employment visa application—certified by the DOT—may, upon request, be issued an SWP as an exception to SWP issuance conditions.
- This exception SWP is valid for a period of 3 months, subject to further extensions as long as the pre-arranged employment visa application remains pending.
- The SWP issued under this hotel/restaurant exception requires an application fee of PHP 300.00.
- An extension beyond the initial 3 months is assessed an additional fee of PHP 100.00 per month.
- The Express Lane Service fee and time frames for SWPs under paragraph 3 apply to the SWP issued under this hotel/restaurant exception.
Adoption date and responsible officer
- The instruction is adopted on August 19, 1988.
- It is signed by (SGD.) REGINA PADILLA GERALDEZ, Associate Commissioner.