Showing posts with label Visa&Immigration. Show all posts
Showing posts with label Visa&Immigration. Show all posts

Thursday, January 11, 2018

Staying and Working

You need to know several more things when stay, work or return back to your country. They use the term "Aliens" for foreign nationals. Is it correct?

1. ACR I-Card (Alien Certificate of Registration Identity Card)

All foreigners (immigrant and non-immigrant visa holders) including 9A Visa holders who stays more than 59 days should register to immigration. It's a credit size microchip card which can be used as an ID. In most cases, you can just bring this card instead of the original passport. For 9A Visa, you will be asked to apply this card when you try to extend over 59 days. For other long term Visas, you should apply this once your Visa application is approve. Some Visa holders like PEZA (47A2) are exempted from ACR I-Card.

It serves as Re-entry Permit (RP) and Special Return Certificate (SRC) of the holder upon payment of the required fees. ACR I-Card is a valid ID which can be presented for any purpose such as opening bank account, car registration, etc. You may requested to present two valid ID when opening a bank account. Usually banks don't allow 9A Visa holders opening a account.


2. Annual Report (AR)

All registered foreigners (ACR I-Card holders) should report in person within the first 60 days of every calendar year. Not all immigration branches accept AR, so you should check where is the nearest branch which accept AR in the immigration web site. (www.immigration.gov.ph)

a) Main office in Intramuros or ICTS and ACR I-Card AR connectivity - accept all

b) ICTS AR connectivity without ACR I-Card AR connectivity - update only w/o arrears

c) Other BI (Bureau of Immigration) offices : not accept AR

Notes: It's PhP310 and there will be monthly fine of P200.00 for delayed Annual Report (reckoned from March 2 of the current year)

3. ECC (Emigration Clearance Certificate)

There are two types of ECC, ECC-A (also referred to as regular ECC) and ECC-B.
The following foreign nationals must secure an ECC-A prior to their departure:

a) Holders of Temporary Visitor Visa (also referred to as tourist visa) who have stayed in the Philippines for six (6) months or more;

b) Holders of expired or downgraded Immigrant or Non-Immigrant Visas;

c) Holders of valid Immigrant or Non-Immigrant Visas but are leaving for good;

d) Philippine-born foreign nationals who will depart from the Philippines for the first time;

e) Holders of Temporary Visitor Visa with Orders to Leave;

f) Bona fide seafarers who have stayed in the Philippines for 30 days or more and has a duly approved discharge from BI.

ECC-B is issued to departing holders of Immigrant and Non-Immigrant visas with valid ACR I-Cards and are leaving the country temporarily.

A foreign national may apply for an ECC at least 72 hours prior to his/her departure from the Philippines. The ECC is valid for one (1) month from the date of issue, however, you may only use this once regardless of its validity.

Holders of valid immigrant or non-immigrant visas (multiple entry Visas) who intend to return to the Philippines may secure the ECC at the airport. SRRV and SVEG Visa holders are exempted.

Notes: You are not allowed to leave without ECC even though you have flight ticket already. Make sure to secure this in advance.

Notes: 9A Visa holder cannot secure the ECC at the airport. If you stayed more than 6 months, make sure to secure it in advance.

Notes: If you decided to just pay at the airport, bring at least P3,000. (It varies but almost 3k.)

Notes: 47A2 Visa holders were exempted automatically but looks like rules are changing from time to time. There was an announcement from immigration in early 2015 saying "Only visa holders whose visa clearly contains the text “Exempted from ECC/SRC” and whose Endorsement Letter contains the text “free from payment of visa and immigration fees” continue to be exempt from paying immigration fees upon each departure from the country." The decision of exactly who will be exempt from paying these immigration fees lies solely with the Department of Justice on a discretionary basis and will often be dependent on the employee’s sponsoring company. Therefore, if you have or apply this Visa, please check Endorsement Letter or Visa Order to verify.

4. Airport Tax

In accordance with Presidential Decree (PD) 1183, travelers shall pay travel tax on departure. You can find a Tourism Infrastructure and Enterprise Zone Authority (TIEZA) office in the airport.

a) Filipino citizens.

b) Foreigners who are permanently residing or immigrants in the Philippines.

c) Foreigners (non-immigrant visa holders) who have stayed in the Philippines for more than one year.

Sometimes, it’s included in the ticket, so check if it's included or not. There are some exempted personnel but most of you may not belong to this category. If you want, check the list and how to apply in TIEZA website. The full travel tax is P1,620 for passengers on economy class plane tickets and P2,700 when flying first class.

You should pay Terminal Fee also. It might be also included in the ticket price, so check first. Nobody is exempted. It's around P550 to P700.

Notes: Moving out? Stayed more than 1 year with 9A Visa? Make sure to bring some Pesos to the airport for ECC, Airport Tax and Terminal fee.

5. Working Permit

If you are not an immigrant, you should secure Working Visa (9G) or Special Economic Zone Visas (47A2). AEP is one of the requirement to obtain Working Visa.

In general:

a) securing working permit is the prerequisite securing a working Visa;

b) holders of immigrant Visas are exempted from working permit. They can work without this;

c) Foreign nationals who are non-immigrant permanent residents are required to obtain an Alien Employment Permit from the Department of Labor and Employment (DOLE);

d) You cannot work with Tourist Visa (9A);

e) The work's characteristic wise, it should require a foreigner to perform the task. You cannot just handle simple manual work any Filipino can handle. However managerial positions are widely accepted in applying work permit.

f) Some positions are not allowed to foreigners like Corporate Secretary.

Special Work Permit (SWP)

The SWP is only a permit to work in the Philippines and does not include the authority to stay.

The holder is responsible for keeping his temporary visitor’s visa valid during his or her stay in the country. SWP is also issued to musical artists, performers, professional athletes, and other foreigners who will render temporary services in the country. The Bureau of Immigration issues an initial validity of three (3) months, which can be extended only for another three (3) months.

Provisional Work Permit (PWP)

Foreign nationals who are on temporary visitor visas, wishes to commence work and whose employment visa application, either the 9g or 9d, is in progress. The validity period of a provisional permit is normally three months from the date of issuance or until the 9g visa is issued, whichever comes first. Foreign nationals who intends to commence employment while his or her Alien Employment Permit is pending with the Department of Labor and Employment must also secure the provisional permit to work. the provisional permit to work is extendable until a working visa has been approved.

Alien Employment Permit (AEP)

This permit authorizes a foreign national to engage in gainful activities provided that there is no available domestic manpower for the particular designation. Holders of other functional visas such as Special Investors Resident Visa (SIRV), Special Resident Retiree’s Visa (SRRV), Treaty Traders (9D) Visa, or Special Non-Immigrant Visa (47A2) are also subject to an AEP. An AEP is initially valid for one (1) to five (5) years depending on the duration of the contract and renewable for a maximum period of (5) years. Apply to DOLE Regional Office having jurisdiction over the principal place of business of the petitioner.

The following categories of foreign nationals are exempt from securing AEP:

a) Members of the diplomatic services and foreign government officials accredited by the Philippine government;

b) Officers and staff of international organizations of which the Philippine government is a cooperating member, and their legitimate spouses desiring to work in the Philippines;

c) Foreign nationals elected as members of the Governing Board who do not occupy any other position, but have only voting rights in the corporation;

d) All foreign nationals granted exemption by special laws and all other laws that may be promulgated by the Congress;

e) Owners and representatives of foreign principals, whose companies are accredited by the Philippine Overseas Employment Administration (POEA), who come to the Philippines for a limited period solely for the purpose of interviewing Filipino applicants for employment abroad;

f) Foreign nationals who come to the Philippines to teach, present and/or conduct research studies in universities and colleges as visiting, exchange or adjunct professors under formal agreements between the universities or colleges in the Philippines and foreign universities or colleges; or between the Philippine government and foreign government; provided that the exemption is on a reciprocal basis;

g) Resident foreign nationals and temporary or probationary resident visa holders under 13 series employed or seeking employment in the Philippines.

6. Waiver of Exclusion Ground (WEG)

Minor children below 15 years old who are traveling to the Philippines unaccompanied by or not joining his/her parent/s to the Philippines need to apply WEG. The WEG Order will be issued by the Bureau of Immigration (BI) at the port of entry.

a) Fee is around P3,120 per child.

b) Affidavit of consent by either parent or legally appointed guardian of the child.

c) Photocopy of the data page of the child and guardian’s passport.


Wednesday, January 10, 2018

Philippine VISA Types 3 - Immigrant Visa (13 Series)

Basically, there are two (2) kinds of Visas, immigrant and non-immigrant. Visas under "Section 9" and "Section 9" and "Section 47(A)(2) of the Philippine Immigration Acts of 1940 are non-immigrant Visas and "Section 13" defines immigrant Visas.

1. TRV (Temporary Resident Visa) - 13A Probationary

Holders of this visa are allowed to stay in the Philippines for up to five years as long as certain conditions are maintained. Necessary conditions include continuity of the marriage and continuous physical presence in the Philippines. TRV holders are exempted from securing an alien employment permit should they wish to be employed in the Philippines. However, a special work permit is required if they wish to commence work while the TRV is being processed. Temporary Resident Visas can be extended every two years after a probationary period of one year is satisfied or they can apply permanent residence Visa (13A).

2. MCL-07-021

It's a memorandum order no. or Visa status in immigration. It's a 13 quota visa, which allows legal
spouse & unmarried children below 21 years old of Chinese lawful permanent resident in the
Philippines.

3. MCL-08-003

It's a memorandum order no. or Visa status in immigration. It's a 13 quota visa, which allows legal
spouse & unmarried children below 21 years old of South Korean lawful permanent resident in the Philippines.

4. 13 Quota (RA 7919)

Quota Immigrant Visa is a permanent residence visa available to fifty (50) immigrants of each nationality each year. It is issued to foreign nationals whose country has diplomatic relations and reciprocal agreements with the Philippines to grant immigrant privileges to Filipinos as well. Applicants must not belong to any class of excludable or deportable foreign nationals enumerated under Sections 29 and 37 of the Philippine Immigration Act. Preference is given to applicants who possess qualifications beneficial to national interest or those who possess sufficient capital for viable and sustainable investment in the Philippines. Allocation of slots to non-preferred immigrants is only awarded after giving due course to preferred immigrants and is on a first-come first-serve basis.

5. 13A (EO 324)

It's for the wife or the husband or the unmarried child under twenty-one years of age of a Philippine
citizen, if accompanying or following to join such citizen. This visa is only available to citizens of
a country which grants permanent residence and immigration privileges to Philippine citizens.
It's a non-quota immigrant visa. Holders of 13A Non-Quota Immigrant Visa by Marriage are exempted from AEP requirements of DOLE. However, renewal of ACR I-card is required every five years.

6. 13B (PD 730)

A child of alien parents born during the temporary visit abroad of the mother, the mother having been
previously lawfully admitted into the Philippines for permanent residence, if the child is accompanying or coming to join a parent and applies for admission within five years from the date of its birth.

7. 13C

A child born subsequent to the issuance of the immigration visa of the accompanying parent, the visa not having expired.

8. 13D

A woman who was a citizen of the Philippines and who lost her citizenship because of her marriage to an alien or by reason of the loss of Philippine citizenship by her husband, and her unmarried child under twenty one years of age, if accompanying or following to join her.

9. 13E

A person previously lawfully admitted into the Philippines for permanent residence, who is returning from a temporary visit abroad to an unrelinquished residence in the Philippines.

10. 13F

A natural-born citizen of the Philippines, who has been naturalized in a foreign country, and is returning to the Philippines for permanent residence, including his spouse and minor unmarried children, shall be considered a non-quota immigrant for purposes of entering the Philippines.

11. 13G

Returning former natural born filipino citizen.

Philippine VISA Types 2 - Non-immigrant Visa (Special Visas)

Basically, there are two (2) kinds of Visas, immigrant and non-immigrant. Visas under "Section 9" and "Section 9" and "Section 47(A)(2) of the Philippine Immigration Acts of 1940 are non-immigrant Visas and "Section 13" defines immigrant Visas.

All the following Visas are based on the 47(A)(2) of the Immigration law but for the convenience sake, I will use the separate name.

1. 47(A)(2) - PEZA Visa

This Visa requires the employer’s sponsorship and is valid for the duration of the contract or term
of office or one (1) year whichever is shorter. It is a company-specific visa that limits the
percentage of foreign national employees to less than 5% of the total work force. Holders of this
visa are exempted from ACR I-card requirement. Renewal should be filed at least 30 days before the
expiration. Board of Investment (BOI) registered companies may also apply this Visa.

2. 47B

It's for humanitarian reasons, and when not opposed to the public interest, to admit aliens who are
refugees for religious, political, or racial reasons, in such classes of cases and under such conditions as he may prescribe.

3. SVEG (Executive Order No. 758) - Special Visa for Employment Generation

The foreign national must have control over an entity, firm, partnership, or corporation in the
Philippines, which employs at least 10 full-time, regular Filipino workers on a long-term basis.
Multiple-entry privileges and exempts him or her from payment of exit clearance certificate (ECC) and special return certificate. It's valid as long as the 10 full-time employment condition is met. He should secure AEP also.

4. SIRV (Special Investor's Resident Visa) 

It is issued by the Bureau of Immigration (BI) upon endorsement of the Board of Investments (BOI), and entitles the holder to reside indefinitely in the Philippines. He should have the capacity to remit at least US$75,000 into the Philippines and invest such capital in viable economic activities. An initial six-month probationary SIRV is given to the foreign national to undertake such investments. Only upon submission of documents to prove that actual investments have been made may the application for indefinite multiple entry SIRV be considered. It's valid as long as the investment remains.

5. SRRV (Special Resident Retiree's Visa)

It's for foreign nationals or former Filipinos at least thirty-five (35) years of age under the
retirement program of the Philippine Retirement Authority (PRA). Specific amount of deposit and
age limit (at least 35 years old) is the basic requirements. 

Some benefits are:
a) Multiple-entry privileges with the right to stay in the Philippines during his lifetime;
b) Exemption from the ECC;

c) Exemption from Travel Tax, provided the SRRV holder has not stayed in the Philippines for more than a year from date of last entry;

d) Tax-free importation of household goods/personal effects worth US$7,000.00;

e) Privilege to study in the Philippines;

f) Privilege to work in the Philippines upon issuance of the Alien Employment Permit.

It's valid as long as the visa holder remains a member of good standing of the Program and his time deposit and/or investment exists in the Philippines.

6. Multiple Entry Special Visa under RA 8756

It granted to executives of Regional Headquarters (RHQ) and Regional Operating Headquarters
(ROHQ). The applicant must be an executive working exclusively for the petitioner RHQ or ROHQ and the salary must also be at least US$ 12,000. The ROHQ Visa is valid for three (3) years and can be renewed thereafter. The applicant’s legal spouse and unmarried children below 21 years of age can be under this Visa.

7. Multiple Entry Special Visa under PD 1034

It's for foreign personnel of offshore banking units of foreign banks duly licensed by the Central Bank of the Philippines to operate as such.

8. Other Sepcial Economic Zone Visas

a) CDC – Clark Working or Investor’s Visa
b) SBMA – Subic Working or Investor’s Visa
c) CEZA – Cagayan Economic Zone Authority, Working or Investor’s Visa
d) AFAB -Authority of the Freeport Area of Bataan, Working or Investor's Visa

Appendix A. Balikbayan program
It's for Filipino citizens who have been continuously out of the Philippines for more than 1 year or
a former Filipino citizen and his family who had been naturalized in a foreign country.

a) Immediate family members when travel together with Filipino

b) Return from non-visa required countries

c) Initial 1 year on arrival and can extend till 36 months.

+++++++++++++++++++++++++++++++++++++++++

MARKET ISSUES

[last partial update : 02/28/2018] Macro and Overseas (a) US interest rate : 1.25 ~ 1.5%, May increase 3 times in 2018 (b) US 10 yr bond...