Legal basis and covered framework
- The order is issued pursuant to a Memorandum of Agreement dated 9-12-14 on rules and procedures for alien employment permits and special visas in APEFZ.
- It is also issued pursuant to DOLE Department Order No. 97-09, Series of 2009 on revised rules for employment permits to foreign nationals.
- It is issued under Commonwealth Act No. 613 (Philippine Immigration Act of 1940), as amended.
- It is issued under the Alien Registration Act of 1950 and other pertinent laws.
- It is implemented as rules and procedures for alien employment permits and visas in the APEFZ, harmonizing policies, procedures, fees, and charges.
Policy, institutional coordination, and validity
- The order applies to Aurora Pacific Economic and Freeport Zone (APEFZ) managed and operated by Aurora Pacific Economic Zone and Freeport Authority (APECO).
- The order authorizes the harmonization of policies, procedures, fees and charges for issuance of alien employment permits, work permits, and special visas to foreign investors, executives, and/or employees in APEFZ and their dependents.
- It establishes that all AEPs, working permits, and special visas are regular and valid within and outside APEFZ.
- It requires the Department of Labor and Employment and the Bureau of Immigration to coordinate and cooperate with APECO for speedy implementation.
- It is anchored on Section 23 of RA 9490, as amended, recognizing decentralization of governmental powers and functions to APECO to promote an efficient relationship between national and local governments and APEFZ.
Definitions and key covered statuses
- APECO refers to Aurora Pacific Economic Zone and Freeport Authority, the operating arm of APEFZ.
- Alien Employment Permit (AEP) is the document issued by the Secretary of DOLE, through the DOLE Regional Director with jurisdiction over APEFZ, authorizing a foreign national to work in APECO or in any of its registered enterprises; AEP is a pre-requisite to issuance of a Working Visa.
- BI refers to the Bureau of Immigration; DOLE refers to the Department of Labor and Employment.
- APECO Dependent’s Visa (ADV) is the visa issued by APECO to the legal spouse and dependent children of holders of a valid APECO Working Visa (AWV) and APECO Special Investor’s Visa (ASIV); a “dependent” child is an unmarried child below 21 years of age, or an unmarried child more than 21 years of age dependent for support due to mental or physical disability.
- APECO Special Investor’s Visa (ASIV) is issued to foreign investors in APEFZ with a minimum investment of US$150,000.00.
- APECO Special Work Permit (ASWP) is issued to aliens whose employment contract is for not more than 180 days.
- APECO Provisional Work Permit (APWP) is issued for a maximum period of 3 months or until a working visa is issued.
- APECO Working Visa (AWV) is issued to aliens gainfully employed in APECO or in any of its registered enterprises.
Alien Employment Permit: coverage, fees, process
- All foreign nationals appointed or designated as elective or non-elective officers, or contracted for employment by a registered enterprise in APEFZ, must secure an AEP.
- In any stage of the AEP application, the foreigner may be represented by the employer or an official liaison officer of APECO.
- The following foreign nationals are exempted from securing an AEP:
- Members of the diplomatic service and foreign government officials accredited with reciprocity.
- Officers and staff members of international organizations of which the Philippines is a member, and their legitimate spouses desiring to work in the Philippines.
- Foreign nationals elected to the Governing Board who occupy no other position and have only voting rights in the corporation.
- Owners and representatives of foreign principals whose companies are accredited by POEA, coming for limited period solely to interview Filipino applicants for employment abroad.
- Foreign nationals coming to teach, present, and/or conduct research studies as visiting, exchange or adjunct professors under formal arrangements between Philippine and foreign universities, or between the Philippine government and a foreign government, on a reciprocal basis.
- Permanent resident foreign nationals; probationary or temporary resident visa holders.
- Foreign nationals granted exemption by law.
- APECO receives and processes initial AEP applications filed by registered enterprises; APECO accepts and acts only on applications with complete documentary requirements, and endorsements to DOLE Provincial/Regional Office must occur within 8 working hours from receipt.
- APECO and DOLE do not accept incomplete AEP applications; refiling is allowed after completion of required documents.
AEP documents, timelines, publication, validity
- Required documentary requirements for AEP filing include:
- Letter request;
- Duly accomplished application form;
- Photocopy of passport with valid visas stamped;
- For non-elective positions: Employment Contract; for elective positions: Secretary’s Certificate/Board Resolution on election/appointment;
- Photocopy of Permit to Operate (PTO)/Certificate of Registration (COR) issued by APECO;
- Photocopy of applicant’s Taxpayer Identification Number (TIN).
- Newly hired, elected or appointed officers may file an AEP application within 15 working days after signing the contract, election, or appointment, or before the actual term of office, without penalty.
- DOLE imposes AEP fees upon filing:
- PHP 8,000.00 for each AEP application valid for 1 year.
- If employment is for more than 1 year, an additional PHP 3,000.00 is charged for every additional year (or fraction thereof considered one year).
- For renewal, PHP 3,000.00 is charged for each year of validity or fraction thereof.
- DOLE Provincial/Regional Office must publish applications for new AEPs, changes/additional positions in the same company, or subsequent assignments in related companies within 2 working days upon receipt with complete documentary requirements.
- Any objection or information against the employment may be filed with the Provincial/Regional Office anytime during the foreign national’s period of employment.
- Upon receipt, DOLE may conduct an ocular inspection within 2 working days to verify legitimacy of employment.
- DOLE must issue or deny an AEP within 24 hours after compliance with documentary and publication requirements (if necessary), and after payment of fees and fines; if submission is on the last working day or immediately preceding a holiday, approval/denial occurs on the next business day.
- Verification inspections may be conducted by the DOLE Provincial Director within 30 days after AEP issuance to ensure the foreign national is actually employed.
- A renewal application for an AEP must be filed on or before expiration; for corporate officers whose election/appointment occurs before expiration, renewal must be filed not later than 15 working days after election/appointment but not after expiration.
- If corporate officers’ election/appointment takes place after expiration, renewal must be filed on or before expiration and renewed for 1 year; if the foreign national is not re-elected or re-appointed, the AEP is automatically revoked.
- Within 15 working days after election or appointment, the foreign national must submit to DOLE the Board Secretary’s Certificate or Board Resolution on election/appointment.
AEP validity limits, assignments, and prohibitions
- No AEP with a validity period of more than 3 years shall be issued.
- An AEP remains valid and effective unless cancelled or revoked by DOLE, or upon termination of the foreign national’s employment contract.
- A new AEP’s validity commences on the date of issuance, regardless of whether the foreign national has been working before that date.
- A renewed AEP’s validity is effective on the day following expiration.
- As a general rule, an AEP is valid only for the position and company for which it is issued.
- For foreign nationals holding multiple positions in one corporation, one AEP may be valid for such multiple positions.
- Adding an additional position or changing position within the same company or subsequent assignment in related companies during validity/renewal is subject to publication requirements and payment of a publication fee.
- A change of employer requires an application for a new AEP.
- Simultaneous employment of non-resident foreign nationals in other companies is prohibited.
- AEP applications by foreign nationals who hold valid working visas issued by APECO prior to the effectivity of these rules are treated as renewal applications and are subject to corresponding fees.
AEP non-acceptance, denial, revocation, and reapplication
- APECO shall not accept AEP applications based on either of the following:
- The alien’s employer/locator has pending administrative/criminal cases; or
- The employer/locator has expired PTO, COR, and other business permits issued by APECO.
- DOLE may deny an AEP based on any of the following:
- Upon recommendation of APECO;
- Misrepresentation of facts in the application;
- Submission of falsified or tampered documents;
- Conviction of a criminal offense or being a fugitive from justice;
- Availability of a Filipino competent, able and willing to do the job/services.
- Denial of an AEP causes forfeiture of the AEP fees paid by the applicant foreign national.
- DOLE may cancel or revoke an AEP motu proprio or upon petition after due process, on grounds including:
- Non-compliance with requirements/conditions for issuance;
- Misrepresentation of facts;
- Submission of falsified or tampered documents;
- Meritorious objection or information against employment;
- Conviction of a criminal offense or being a fugitive from justice;
- Termination of employment by the employer.
- DOLE must inform APECO of any AEP that is suspended, cancelled, or revoked.
- A foreign national whose AEP application is denied, cancelled, or revoked cannot reapply in any DOLE Regional Office unless proof is provided that the ground has been corrected.
- An aggrieved party may appeal to the DOLE Secretary within 10 days from receipt of the copy of denial, suspension, cancellation, or revocation order.
Penalties for working without AEP
- The DOLE Regional Director imposes a fine of PHP 10,000.00 for every year or fraction thereof on foreign nationals found working without an AEP or with an expired AEP.
- Employers who employ foreign nationals without a valid AEP must pay a fine of PHP 10,000.00 for every year or fraction thereof.
- Newly hired, elected or appointed officers may file an application for a new AEP without penalty within 15 working days after signing the contract, election, or appointment, or before commencement of employment.
Special Work Permits, visas, and dependent status
- This order’s visa/work permit rules apply to APECO and cover:
- ASWP, APWP, AWV, ADV, and ASIV.
- ASWP validity is 180 days and may be renewed once.
- ASIV validity continues while the investment remains at a minimum of US$150,000.
- AWV validity is a maximum of 3 years, subject to renewal, and must be co-terminus with the AEP.
- APWP validity is 3 months or until a working visa is issued.
- ADV is co-terminus with the principal visa’s validity and is issued to the legal spouse and unmarried children below 21 years of age, subject to renewal.
- An ADV of a qualified child remains valid until the holder reaches 21 years of age.
- An ADV holder is not required to secure a Special Study Permit or Student Visa for studying in schools in the Philippines accredited to accept foreign students.
- All work permits and visas issued by APECO are valid within and outside APEFZ, but the alien must not engage in employment outside APEFZ territorial jurisdiction.
Visa/work permit documents and APECO procedures
- ASWP documentary requirements include:
- Notarized letter request from employer;
- Duly accomplished application form;
- Passport bio page and latest immigration stamp copy;
- Letter of Appointment for employment (not exceeding 6 months);
- Copy of Certificate of Registration or Permit to Operate;
- BI Clearance Certificate.
- ASWP renewal requires:
- Notarized letter request from employer;
- Application form;
- Passport copy and latest immigration stamp;
- BI Clearance Certificate.
- AWV documentary requirements include:
- Notarized letter request from employer with declaration that the foreign worker is in good medical and psychological condition;
- Duly accomplished application form;
- Passport bio page and latest immigration stamp copy;
- Certified true copy of a valid AEP;
- BI Clearance Certificate.
- AWV renewal uses the same documentary requirements and includes certified true copy of a valid AEP.
- ASIV documentary requirements include:
- Notarized letter request signed by the Corporate Secretary with sworn declaration that investment is at least US$150,000.00 or its peso equivalent and will be used within APEFZ;
- Duly accomplished application form;
- Proof of investment of US$150,000.00 (cash, bonds, stocks, capital investment, money market, and/or bank deposit);
- Passport bio page and latest immigration stamp copy;
- NBI Clearance;
- BI Clearance Certificate.
- APECO receives applications, evaluates completeness and accuracy, and issues its rules of procedure for processing and approval of permits and visas.
- Upon receipt, APECO immediately submits basic applicant information to BI for an initial derogatory check; only duly authorized APECO personnel may process visa applications and represent the applicant with other government agencies.
- BI conducts verification of derogatory record and immigration status.
- BI issues an Order of Payment Slip (OPS) when the applicant has a valid passport and visa and is not in BI’s derogatory record.
- The applicant (or APECO liaison officer) pays corresponding fees to the Immigration Cashier, which issues an official receipt.
- BI issues a certificate of no derogatory record within 2 hours from the filing of the BI Clearance Certificate request.
- Approved visas or computer-generated stick-on visas with corresponding ACR number, visa number, and Certificate of Residence for Temporary Visitors (CRTV) number (if applicable) are implemented on the applicant’s passport.
- The passport with the implemented visa/permit is released upon surrender of the claim stub to the applicant or any duly authorized APECO official.
- For approved Investor’s Visa, Working Visa or Dependent’s Visa, an ACR I-card may be issued upon request, after completion of applicable procedure.
- An ACR I-card Officer verifies the approved visa or existing I-card.
- Photo, fingerprint, and signature are captured.
- ACR I-card is released within 8 working hours from receipt of the application and complete documentary requirements.
Visa/work permit denial, suspension, revocation, downgrading
- APECO may deny an application for work permits or visas based on:
- Alien whose employer/locator has pending administrative/criminal cases;
- Expired Permit to Operate, Certificate of Registration, and other business permits issued by APECO;
- Foreign national has a derogatory record.
- Denial of the work permit/visa application causes forfeiture of fees paid by the applicant foreign national.
- APECO may suspend, cancel, or revoke work permits and visas based on:
- Violation of immigration laws, rules and/or regulations;
- Continued stay resulting in damage to the interests of the industry or the country;
- Employment suspended by employer or by court order;
- Non-compliance with requirements/conditions for issuance;
- Misrepresentation of facts;
- Submission of falsified or tampered documents;
- Foreign national has a derogatory record;
- Employer terminated the employment;
- Filing for another visa category at the option of the visa holder, requiring visa downgrading with BI.
- APECO must immediately inform BI of suspended, cancelled, or revoked work permits and visas.
- During downgrading, the alien must immediately surrender the ACR I-card to the OSS.
- Cancellation/revocation of work permits and visas cancels ACR I-cards and other immigration permits.
- Unauthorized use of cancelled work permits, visas, ACR I-cards, and other immigration permits may result in blacklisting and/or deportation.
- An aggrieved party may file a Motion for Reconsideration with APECO, subject to APECO rules of procedure.
Freeport employer/locator duties and OSS mechanics
- Upon termination or cessation of employment for any cause, APECO employers and/or locators must inform the OSS within 5 working days.
- When applicable, within the same 5 working days, employers/locators must 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 the non-compliant employer/locator.
- APECO, BI, and DOLE may assign permanent personnel to a one-stop shop office within APEFZ.
- If DOLE personnel are not assigned in the OSS, AEP processing for AEP may be filed either before the DOLE Provincial office located in Baler, Aurora or directly to the DOLE Regional Office.
Automation, monitoring, inspections, and amendments
- Manual procedures for processing, issuance, and recording of work permits and visas are to be automated, with DOLE, BI, and APECO providing resources and equipment for effective implementation.
- DOLE and BI representatives together with APECO representatives may conduct periodic and routine inspections to ensure proper implementation.
- In exceptional cases, BI and DOLE may conduct individual inspections upon prior notification and/or coordination with APECO.
- OSS-assigned DOLE and BI personnel submit reports of visa, permits, and other documents issued in APEFZ to their respective head offices on a monthly basis or as often as necessary.
- APECO, BI, and DOLE undertake to review, create, or amend policies governing alien employment in APEFZ to pave the way for skills- and-technology-transfer between aliens with high technology skills and the Filipino labor market to protect jobs or provide more job opportunities for Filipinos.
- The implementing rules may be amended accordingly upon recommendation of any concerned party.
- If any provisions or application are held invalid by the courts, remaining valid provisions continue to apply.
Separability and immediate implementation
- The order takes effect immediately upon issuance.
- The order is signed in Manila, Philippines on 9-12-14.