Title
APECO Visa Rules and Regulations
Law
2018 Rules And Regulations On Apeco Visas
Decision Date
Apr 25, 2018
The Aurora Pacific Economic Zone and Freeport Authority establishes regulations for processing APECO visas, including Special Investor's Visas, Working Visas, and Permanent Resident Visas, aimed at facilitating foreign investment and employment within the economic zone.

Statutory authority and coordinating role

  • APECO promulgates these rules under its rule-making power under Section 12 of Republic Act No. 9490, as amended by Section 6 (u) and (v) of Republic Act No. 10083, in relation to the visa-related provisions of RA 9490, as amended by RA 10083.
  • The rules also invoke visa-related provisions under RA 10083, including cooperation mechanisms involving the Bureau of Immigration.
  • The Bureau of Immigration (BI) is mandated to coordinate and cooperate with APECO when exercising BI powers to issue visas and related action under RA 9490 as amended by RA 10083 (Section 2, Rule I).
  • APECO must report to BI within thirty (30) days after issuance of grants of permanent resident status and working visas (Section 2, Rule III).

Policy framework and interpretation

  • These rules apply to visas and Certificates of Exemption from Alien Employment Permits and Working Visas issued by APECO for foreign consultants and/or foreign investors/employees of APECO and/or APECO registered enterprises, and for qualified permanent residents of Aurora Ecozone (Section 1, Rule I).
  • In interpreting unclear charter provisions, the rules follow Section 23 of RA 9490, which aims to decentralize governmental functions and authority and promote an efficient working relationship among the Aurora Ecozone, the national government, and the local government units (Section 4, Rule III).
  • APECO may convert a Temporary Visitor’s Visa (TVV) or an authorized stay under EO 408 into APECO visa categories without need to exit the country, subject to the submission of requirements (Section 5, Rule III).

Visa types and defined terms

  • APECO means Aurora Pacific Economic Zone and Freeport Authority, as the operating arm of the Aurora Pacific Economic Zone and Freeport (APEZF) (Section 1, Rule II).
  • BI means the Bureau of Immigration (Section 1, Rule II).
  • APECO Special Investor’s Visa (ASIV) is a special non-immigrant visa issued to foreign investors in APEZF with a minimum investment of US$150,000.00 in cash and/or equipment, in a registered enterprise, for applicants who meet all listed eligibility conditions (Section 1[3], Rule II).
  • Applicants for ASIV must be at least eighteen (18) years of age, have not been convicted of a crime involving moral turpitude, be not afflicted with any loathsome, dangerous or contagious disease, and have not been institutionalized for any mental disorder or disability (Section 1[3], Rule II).
  • APECO Permanent Resident Visa (APRV) is issued with indefinite validity and multiple entry and exit privileges to qualified aliens establishing or establishing a residence within the Aurora Pacific Economic Zone and Freeport, whether through acquisition or lease of a residential unit for at least five (5) years, with the condition that the alien maintains ownership of the residential unit (Section 1[4], Rule II).
  • APECO Working Visa (AWV) is issued with a validity of not more than three (3) years to aliens who are consultants of or gainfully employed in APECO or any APECO registered enterprises, including those located within the Aurora Ecozone or within any APECO/PEZA accredited/registered Information Technology (IT) Buildings, Parks or Centers (Section 1[5], Rule II).
  • APECO Dependent’s Visa (ADV) is issued to the legal spouse and dependent children of holders of AWV, ASIV, and APRV; dependent children mean unmarried children below 21 years of age, or unmarried children more than 21 years of age but dependent for support due to mental or physical disability (Section 1[6], Rule II).
  • APECO Alien Identity Card (AAIC) is an identity card that may be issued by APECO to aliens with APECO-issued visas and/or Certificates of Exemption from Alien Employment Permits and Working Visas (Section 1[7], Rule II).

Working visa, dependents, exemptions

  • APECO is authorized to issue APECO Working Visas (AWV) renewable every three (3) years to foreign executives and foreign technicians with highly specialized skills which no Filipinos possess, as certified by DOLE (Section 1.1.1, Rule III).
  • Foreign nationals with valid APECO Working Visas under Section 5(N) of RA 9490, in relation to Section 6(p) of RA 10083, and their spouses and unmarried children under twenty-one (21) years of age not excluded by Section 29 of Commonwealth Act No. 613, are permitted to enter and reside in the Philippines during the period of employment of the foreign nationals (Section 1.1.2, Rule III).
  • These dependents under AWV are entitled to a multiple entry visa valid for three (3) years and may enter and leave the Philippines without further documentary requirements other than valid passports or other travel documents in the nature of passports (Section 1.1.2, Rule III).
  • The multiple entry visa for dependents is extendible yearly (Section 1.1.2, Rule III).
  • Holders and their spouses and dependents with valid APECO Working Visas are exempt from: (a) obtaining ACR and Immigration/Emigration Clearance Certificates; (b) securing an Alien Employment Permit (AEP); and (c) all types of clearances, permits, licenses or their equivalents required by any government department or agency (Section 1.1.3, Rule III).

Investor’s visa and conditions

  • APECO may issue a Special Investor’s Visa (ASIV) to any foreign national who invests US$150,000.00 in cash and/or equipment in an APECO registered enterprise, subject to the eligibility conditions on age, moral turpitude conviction, health, and mental institutionalization (Section 1.2, Rule III).
  • An ASIV holder is entitled to a multiple entry visa and may enter and leave the Philippines without further documentary requirements other than valid passports or other travel documents (Section 1.2, Rule III).
  • The multiple entry visa for an ASIV holder is extendible yearly (Section 1.2, Rule III).
  • An ASIV holder may reside in the Philippines while the investment subsists, and must submit an annual report in a duly prescribed form to prove maintenance of the investment (Section 1.2, Rule III).
  • If the ASIV holder withdraws the investment, the ASIV issued automatically expires (Section 1.2, Rule III).
  • Foreign nationals with valid ASIV, and their spouses and unmarried children under twenty-one (21) years of age not excluded by Section 29 of Commonwealth Act No. 613, are permitted to enter and reside in the Philippines during the period of the investor’s engagement (Section 1.2.1, Rule III).
  • Dependents of ASIV holders receive a multiple entry visa valid for three (3) years, with entry and exit without further documentary requirements other than valid passports or other travel documents and the multiple entry visa is extendible yearly (Section 1.2.1, Rule III).
  • Holders of valid ASIV and their spouses and dependents are exempt from: (a) obtaining ACR and Immigration/Emigration Clearance Certificates; (b) securing an AEP; and (c) all types of clearances, permits, licenses or their equivalents required by any government department or agency (Section 1.2.2, Rule III).

Certificates of Exemption and permanent residence

  • APECO may issue Certificates of Exemption from Alien Employment Permits and Working Visas (ACE) for aliens employed with, or consultants of, APECO-registered enterprises who will stay and perform work in the Philippines for less than six (6) months, under Section 6(r) of RA 10083 (Section 1.3, Rule III).
  • APECO may issue Permanent Resident Visas (APRV) to aliens under Section 6(q) of RA 10083 and APECO’s rule-making powers under Section 6 (u) and (v) of RA 10083 (Section 1.4, Rule III).
  • APECO ASIV and APRV visas are valid in the Philippines and are recognized in all ports of entry and exit in the Philippines (Section 3, Rule III).
  • ACE and APECO Working Visas (AWV) may be issued for aliens employed with or consultants of APECO Registered Enterprises to stay and perform work in the Philippines, but they may only engage in gainful occupation in an APECO registered enterprise located either within the Aurora Ecozone or within any APECO or PEZA-accredited/registered IT Buildings, Parks or Center located in the Philippines (Section 3, Rule III).

Admission status and APECO card rules

  • APECO visa holders are allowed entry with multiple entry and exit privileges and are admitted into the country under the provisions of the APECO charter with the same terms and conditions as when they left (Section 1, Rule V).
  • Holders of APECO Working Visas (AWV) and their dependents with ADV, and ASIV and their dependents with ADV, are allowed entry and exit from the Philippines without the necessity of obtaining ACR Identity Card, Re-Entry Permit, Special Return Certificate (SRC), Emigration Clearance Certificate (ECC) and all other types of clearances required by any government department, bureau or agency (Section 1, Rule V).
  • All APECO visa holders must secure an APECO Alien Identity Card (AAIC) under an identification system developed, implemented, and enforced by APECO containing personal information, biometric data, and records of APECO and immigration-related transactions of the alien, including but not limited to such information (Section 1, Rule VI).
  • The APECO Card’s validity is co-terminus with the validity of the APECO-issued visa or five (5) years, whichever is shorter (Section 2, Rule VI).
  • The AAIC is recognized by BI as an immigration and travel document required for entry, stay, and exit.
  • APECO may establish a network for BI real-time electronic view-only access to verify authenticity and validity of AAICholder immigration status, and pending full implementation, BI recognizes the manual APECO visa stamp duly signed by the President and CEO of APECO (Section 3, Rule VI).
  • Departing and arriving APECO visa holders must present their AAIC and APECO visa stamp to the Immigration Officer during primary inspection (Section 4, Rule VI).
  • An APECO visa holder who fails to present a valid and active AAIC and APECO visa stamp during immigration departure formalities is denied exit and required to secure clearance from APECO; the holder is allowed exit upon submission of the APECO clearance unless other grounds defer departure (Section 4, Rule VI).

Filing procedures, fees, and decision workflow

  • APECO processes applications through its APECO Immigration Unit (AIU), which receives applications for initial evaluation of document completeness (Section 5.1, Rule VI).
  • APECO uses documentary requirements, application forms, and applicable fees posted in APECO’s official website for completeness and processing (Section 5.1, Rule VI).
  • No APECO application or request is acted upon unless the assessed visa fees in Annex “A” and other applicable fees and charges, including fines and penalties, if any, are fully paid, evidenced by a duly issued APECO Official Receipt (Section 5.2, Rule VI).
  • Applicable fees may change from time to time upon recommendation of the President and CEO and approval by the Board of Directors of APECO (Section 5.2, Rule VI).
  • After payment, the applicant presents the original passport, and AIU causes encoding of personal information; a printed copy of the encoded information must be attached to the application folder assigned to a reviewer (Section 5.3, Rule VI).
  • The application is reviewed and evaluated by competent APECO personnel; the personal interview may cover matters relevant to whether the applicant poses a risk to national security, public order, public safety or public health (Section 5.4, Rule VI).
  • The reviewing officer submits a recommendation to the APECO President, who may approve or disapprove the application and must cite the reason therefor (Section 5.5, Rule VI).
  • Upon approval, APECO implements the approved visa on the applicant’s passport, including use of a computer-generated print stick-on visa with corresponding reference number, signature of the President/CEO, and APECO’s dry seal (Section 5.6, Rule VI).
  • Upon surrender of the claim stub, APECO releases the passport containing the implemented visa and APECO Alien Identity Card to the applicant (Section 5.7, Rule VI).

Documentary requirements by visa category

  • APECO Working Visa (AWV) applications require: (a) Notarized letter request signed by duly authorized employer representative; (b) duly accomplished application form; (c) photo copy of passport bio page and latest immigration stamp; (d) certified true copy of valid AEP if applicable; (e) employment contract if exempted from AEP; (f) copy of employer’s Income Tax Return of the preceding year received by BIR; and (g) Bureau of Immigration Clearance Certificate (Section 1, Rule IV).
  • APECO Special Investor’s Resident Visa (ASIV) applications require: (a) notarized letter request signed by corporate secretary with sworn declaration that the investment in an APECO registered enterprise amounts to at least US$150,000 or its peso equivalent; (b) duly accomplished application form; (c) proof of investment of US$150,000 (cash, bonds, stocks, capital investment, money market, bank deposit, or equipment); (d) photo copy of passport bio page and latest immigration stamp; (e) NBI Clearance; and (f) Bureau of Immigration Clearance Certificate (Section 2, Rule IV).
  • APECO Permanent Resident Visa (APRV) applications require: (a) notarized letter request signed by the applicant; (b) duly accomplished APECO General Application Form; (c) copy of document showing proof of establishing or establishing in process a residence within the APEFZ; (d) photo copy of passport bio page and latest immigration stamp; (e) NBI Clearance; and (f) Bureau of Immigration Clearance Certificate (Section 3, Rule IV).
  • APECO Dependent’s Visa (ADV) applications require: (a) notarized letter request; (b) duly accomplished APECO General Application Form; (c) certified true copy of document proving relationship; (d) photo copy of dependent’s passport bio page and latest immigration stamp; (e) photo copy of petitioner’s passport bio page and latest APECO visa stamp; (f) NBI Clearance; (g) Bureau of Immigration Clearance Certificate; and (h) NICA clearance for restricted foreign nationals or those required, before admission, to secure Philippine visa from the Philippine embassy/consulate in their country of origin (Section 4, Rule IV).
  • APECO Exemption from Alien Employment Permits and Working Visa (ACE) applications require: (a) notarized letter request from employer’s duly authorized representative with declaration that the alien applicant shall be employed for not exceeding six (6) months; (b) duly accomplished application form; (c) biodata of the alien applicant; (d) photo copy of passport bio page and latest immigration stamp; (e) copy of employer’s Income Tax Return of the preceding year received by BIR; and (f) Bureau of Immigration Clearance Certificate (Section 5, Rule IV).

Compliance, monitoring, reporting, and effects

  • APECO may conduct random visits and inspections of APECO registered enterprises and their foreign executives, consultants, and employees to ensure compliance with these rules (Section 1, Rule VII).
  • Refusal by an APECO Registered Enterprise to allow random inspection is a ground for denial/cancellation of the visa or Certificate of Exemption issued by APECO (Section 1, Rule VII).
  • APECO must report to BI the names, dates of birth, and nationalities of foreign nationals granted APECO visas or whose visas are cancelled or revoked within thirty (30) days after issuance, cancellation, or revocation (Section 2, Rule VII).
  • If any provision is declared illegal, invalid, or unconstitutional, the remaining provisions remain valid and effective (Section 3, Rule VII).
  • Any provision of laws, rules, and regulations inconsistent with these rules is modified, amended, and/or repealed accordingly (Section 4, Rule VII).
  • These rules take effect immediately (Section 5, Rule VII).

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