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How to Hire a Foreigner in the Philippines

Published:

February 10, 2023

In today’s global economy, businesses in the Philippines are increasingly tapping into international talent to fill skill gaps, bring in innovation, and enhance competitiveness. Like in most countries, foreign employees must secure the appropriate legal documentation before they can begin working. In the Philippines, this means acquiring the proper permits and a valid working visa—most commonly, the 9G Work Visa.

Employers must be aware of both national and local labor laws to ensure compliance. The hiring process can be complex, but with the right guidance and preparedness, it is entirely manageable.

Understanding the Legal Framework

The Philippines has stringent policies surrounding the employment of foreign nationals. Foreigners are not legally allowed to work in the country without the appropriate permits, most notably the Alien Employment Permit (AEP) issued by the Department of Labor and Employment (DOLE) and the 9G Work Visa issued by the Bureau of Immigration (BI).

Allowing a foreign national to work without these documents may lead to penalties, including fines, deportation, or blacklisting of the employer. As such, diligence is crucial in ensuring all documentation is in place before employment begins.

Quick Tips for Employers

  • Know Philippine Labor law and the various criteria dictated by the Philippine national government.
  • Understand how the local labor rules in the location of your business will be interpreted.
  • Follow the steps in hiring a foreign worker diligently and keep all the paperwork, licenses, and visa requirements in order.
  • Once hired, the continued employment of a foreign worker is subject to many procedural rules and renewal of the various licenses and documentation that were initially required for getting hired in the first place.
  • Develop an acute awareness of the dynamic and fluid nature of the Philippine labor laws. Educate your HR department and stay current with all the rumors on the street and officially declared changes that are being considered.
     

You might be thinking that it’s easy to hire a foreign national as soon as you arrive in the Philippines. After all, there are many foreigners in the country who can be hired for any job at any time. Hiring a foreigner is not allowed by law unless they have been granted a working visa from the Department of Labor and Employment (DOLE).

Foreigners who work here without valid permits are subject to fines and deportation—so make sure that whoever is coming into your company has been issued one by DOLE before letting them work.

Eligibility of a Foreign Worker

A foreign applicant may be considered for employment in the Philippines if they meet the following conditions:

  • They are citizens of a country that has diplomatic ties with the Philippines.
  • They possess qualifications, skills, and experience relevant to the job offered.
  • They are of good moral character and free from any criminal charges.
  • They are at least 18 years old, or the minimum age required by law or the position.

What is a 9G Work Visa?

The 9G Visa is the standard working visa required for foreign nationals employed in the Philippines. Issued by the Bureau of Immigration, the 9G Visa is valid for one to three years and is renewable.

However, before applying for a 9G Visa, the foreign worker must first secure an Alien Employment Permit (AEP) from DOLE. This step is non-negotiable—the Bureau of Immigration will not entertain a 9G visa application without an approved AEP.

Steps in the Application Process:

  1. The Philippine-based employer must file a petition for the foreign worker.
  2. The worker must apply for and secure an Alien Employment Permit (AEP).
  3. After securing the AEP, the worker may then apply for the 9G Work Visa at the Bureau of Immigration.
  4. While waiting for the 9G Visa to be processed, the applicant may apply for a Provisional Work Permit (PWP) to legally begin employment.

For short-term assignments (less than six months), a Special Work Permit (SWP) may be sufficient.

Who is qualified to apply for a 9G visa and the Alien Employment Permit (AEP)?

Application for the 9G visa from the Bureau of Immigration and the AEP from the Department of Labor and Employment are usually for foreign nationals who are seeking employment in the Philippines; Professionals allowed to practice their profession in the Philippines;

Foreign nationals who want to work in the Philippines must be petitioned by their local or locally-based employers. Proof that no other person in the Philippines is better suited for the position given to the foreign national must be presented.

Once your application is underway and is awaiting approval, you must obtain a provisional permit to work, which you can get from the Bureau of Immigration. This permit is valid for 3 months upon the date of issuance.

What are the requirements needed to submit to the Bureau of Immigration?

Here are the basic documents needed for a 9G visa application:

  • Accomplished BI application form.
  • Company incorporation or registration documents.
  • Approved Alien Employment Permit (AEP) from DOLE.
  • BI Clearance Certificate.
  • Valid government-issued ID of the applicant.
  • Original and valid passport (with appropriate visa if applicable).
 

Other documents might be asked in order to support the employment of the applicant in the Philippines.

Provisional Working Permit

While waiting for the 9G Visa approval, the applicant may apply for a Provisional Work Permit from the Bureau of Immigration. This permit is valid for up to 3 months and allows the foreign national to legally begin work while the visa application is in process. However, this assumes that the 9G application has already been lodged with the Bureau.

Making the Right Moves When Hiring a Foreigner in the Philippines

Hiring a foreigner in the Philippines offers businesses access to global talent and specialized skills—but it also comes with regulatory responsibilities. From securing an Alien Employment Permit (AEP) to coordinating with the Bureau of Immigration for work visas, compliance with Philippine labor and immigration laws is crucial.

Whether you’re a local company expanding your workforce or a foreign investor building your team onshore, understanding the legal framework ensures a smooth hiring process and avoids costly penalties.

Partnering with experts who understand both employment and immigration requirements in the Philippines can save you time, reduce risk, and help you focus on growing your business.

Need Help Hiring a Foreigner in the Philippines? Feel free to call us at +63 917 892 2337 (mobile) or +63 284 785 826 (landline), or email us at [email protected]

 

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