New Work Authorization Guidelines Effective July 16, 2019

July 31, 2019 | Philippines

The government has announced that a series of new guidelines related to work authorization for foreign nationals has taken effect on July 16, 2019. The guidelines were developed in response to concerns about foreign nationals working without authorization and not paying income taxes, among others.

Specifically, the guidelines include the following primary changes:

1. The following categories of foreign nationals now require a Special Work Permit (SWP) to enter the Philippines:

  • Professional athletes, coaches, trainers and assistants
  • Performers
  • Temporary service suppliers who receive no remuneration from a Philippine entity
  • Film and television crews
  • Journalists
  • Interns
  • Trainees in government and private entities
  • Lecturers, researchers and academic trainers
  • Religious missionaries and officials
  • Chefs and other culinary experts
  • Those with professions that require Professional Regulation Commission approval (e.g., engineers and accountants)
  • Consultants

2. A Taxpayer Identification Number (TIN) is now required for allwork visa and Alien Employment Permit (AEP) applications. This will add a step and additional time to the work visa/permit process.

3. The maximum validity for a Provisional Work Permit (PWP) is six months with no extensions permitted. Applicants for a 9(g) Pre-Arranged Employment Visa sometimes use a PWP to work while the 9(g) visa is in process. If the PWP expires before the 9(g) visa is issued, there will be a gap in their work authorization.

4. A PWP whose validity is based on another permit or government document will be cancelled automatically if the application for the other permit/document is denied. For example, if a PWP is being used for work authorization while a 9(g) application is in process and the 9(g) application is denied, the PWP will become invalid and the foreign national must cease working right away.