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Saturday, April 20, 2024

Work permit rules revised

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The Bureau of Immigration issued new guidelines for the issuance of Special Work Permit and Provisional Work Permit following the surge in the number of Chinese workers in the Philippines.

Immigration Commissioner Jaime Morente signed Operations Order No. JHM-2019-002, requiring foreign nationals intending to work in the Philippines to submit additional documents before they are issued an SWP or PWP, in a bid to discourage and minimize the number of foreign workers in the country.

The issuance of new guidelines for SWP and PWP was triggered by reports of mounting complaints from various labor groups, which claims that thousands of foreign workers, mostly Chinese, were working in the construction sites and other technical jobs which can be filled by Filipino workers.

Under the new guidelines, the BI will no longer issue SWP or PWP to construction workers, cashiers, waiters, janitors, household helps, carpenters, garbage collectors, security guards, warehouse caretakers, and other analogous labor.

However, the bureau may still issue SWP or PWP to highly technical positions provided that they first secure a Special Temporary Permit from the Professional Regulation Commission.

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To acquire a SWP/PWP, foreign workers are required to submit the following:

At least 20 days validity of Temporary Visitors Visa (TVV) at the time of application; existence and capability of petitioning company; address of the company and applicant (residence); nature of business of the petitioning company as reflected in its SEC Certificate and;  whether the company has a valid appropriate government license to operate.

The BI said that an applicant can only work for the position applied for and for the said company.

The Alien Control Officer (ACO), acting Alien Control Officer (AACO) or duly authorized personnel shall approve or disapprove SWP/PWP application filed within their area of jurisdiction. However, the BI satellite offices at SM Aura and Makati will not be allowed to issue SWP/PWP and all applicants are advised to secure their SWP/PWP at the main office in Intramuros, Manila.

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