Law Summary
Qualifications for Availing the SVEG
- The foreigner must directly engage in a viable commercial investment or enterprise in the Philippines.
- Must exercise management authority including hiring, promoting, and dismissing employees.
- Must demonstrate genuine intention to indefinitely remain in the Philippines.
- Must not pose a risk to national security.
- The enterprise must provide actual employment to at least ten Filipinos according to labor laws.
- Continuous compliance with requirements is mandatory to maintain the visa status.
Application and Processing of SVEG
- Applications filed with the Commissioner of Immigration include payment of regulatory fees.
- The Commissioner must resolve applications within 15 days, evaluating evidence flexibly without strict procedural demands.
- Upon approval, a Notice of Approval is issued, and applicants must register and document at the Bureau of Immigration.
- An Alien Certificate of Registration (ACR) I-Card and Identification Certification (IC) are issued reflecting the special non-immigrant status.
- Denied applicants receive a Notice of Disapproval and may file one Motion for Reconsideration within 15 days.
- The Commissioner monitors ongoing compliance by SVEG holders.
- All fees collected are official government funds subject to auditing.
Conditions for Revocation of SVEG
- SVEG may be revoked if conditions are violated or if obtained fraudulently.
- Conviction by final judgment for any crime in the Philippines leads to revocation.
- If deemed a national security risk by competent authority, revocation shall occur.
- Revocation triggers deportation: immediate if due to non-compliance, fraud, or security risk; post-sentence if due to conviction.
- Deportation involves return to country of origin, embarkation, nationality, or previous residence.
Implementing Rules, Regulations, and One-Stop-SVEG Facility
- Within 30 days from issuance, the Bureau of Immigration must promulgate IRR in coordination with DOJ, DOF, DTI, DFA, DOLE, NICA, and other stakeholders.
- IRR will establish a One-Stop-SVEG Facility to assist foreigners with documentary requirements, including employment permits.
- IRR takes effect 15 days after publication in two newspapers.
- Copies of IRR must be sent to the Office of the President, Secretary of Justice, and the National Administrative Register at U.P. Law Center.
Monitoring and Reporting
- The Commissioner of Immigration must submit monthly implementation reports to the Office of the President and Secretary of Justice.
- Certified copies of issued SVEGs and supporting documents are to be furnished to the Secretary of Justice for recording and review.
Preservation of Executive and Departmental Authority
- The Executive Order does not limit the powers of the President and Secretary of Justice over the Bureau of Immigration as provided by law.
Legal Provisions on Validity and Repeal
- If any provision is declared invalid or unconstitutional, remaining provisions stay effective.
- Provisions inconsistent with this Executive Order are repealed or modified accordingly.
Effectivity
- The Executive Order takes effect 15 days after publication in at least two general circulation newspapers.