Rules on Provisional Work Permit

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BI OPERATION ORDER SBM-NO. 2013-019: Rules on Provisional Work Permit

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Title Supreme Court: Rules on Provisional Work Permit

Law: Bi Operation Order Sbm-no. 2013-019

Decision Date: Dec 13, 2013

The Philippine Bureau of Immigration issues rules on the Provisional Work Permit (PWP) for aliens with pending AEP or 9 (g) employment visa applications, allowing them to work for three months or until a 9 (g) working visa is issued, with required documents and fees specified, and repealing any inconsistent circulars, effective 15 days after publication and receipt by the Office of the National Administrative Register.

provisional work permit

alien employment permit

immigration laws

A

Background on Provisional Work Permit (PWP)

Memorandum Order No. AFFJr.-2005-009 allowed an Alien Employment Permit (AEP) application to serve as a provisional work permit while processing is ongoing.
Memorandum Order No. AFFJr.-2005-023 requires filing of the 9(g) employment visa within 15 days of AEP issuance.
There is a noted issue where many aliens apply for an AEP but fail to apply for the required 9(g) employment visa.

Section 1: Requirement to Secure Provisional Work Permit

Foreign nationals who have begun employment while their AEP or 9(g) employment visa applications are pending must secure a Provisional Work Permit (PWP).

Section 2: Documentary Requirements for PWP Application

Petitioner must submit:
- Letter-request from the company with a commitment to withhold and remit BIR taxes and affirming all documents are legally obtained.
- Notarized and duly accomplished Consolidated General Application Form.
- Applicant's passport photocopy showing bio-page and authorized stay of at least 20 days.
- Proof of Taxpayer Identification Number (TIN).
- Photocopy of official receipt for AEP application or the AEP itself.
- Corporate documents such as SEC Registration, Bylaws, and Articles of Incorporation or, for sole proprietors, DTI Business Name Registration.
- Employment Contract showing the exact compensation.

Section 3: Validity of Provisional Work Permit

The PWP is valid for three months or until the issuance of the 9(g) employment visa, whichever occurs first.

Section 4: Fees for Provisional Work Permit

Fees associated with the PWP application include:
- Application Fee: PHP 2,000
- Certificate Fee: PHP 500
- Legal Research Fee: PHP 20
- Service Fee: PHP 100
- PWP Fee: PHP 400
- Another Legal Research Fee: PHP 20 (likely duplication)
- Express Lane Fee for Certification: PHP 500
- Express Lane Fee for Filing: PHP 500
Total cost is PHP 4,040.

Section 5: Repealing Clause

Prior circulars, issuances, and memoranda inconsistent with this memorandum circular are repealed, amended, or modified accordingly.

Section 6: Effectivity Clause

The circular takes effect 15 days after publication and 15 days after receipt by the Office of the National Administrative Register (ONAR).

END