Letter to the Lawyer

Dear Attorney,

I hope this message finds you well. I am writing to seek your legal expertise regarding the requirements and procedures for a Polish national to obtain a working visa in the Philippines. My intention is to ensure compliance with Philippine immigration laws and other relevant regulations.

Could you kindly provide a detailed explanation of the process, including the prerequisites, documentation, processing times, associated costs, and any specific requirements for Polish citizens? Additionally, it would be helpful to understand any potential challenges that applicants may encounter during the process.

Your assistance in this matter would be greatly appreciated. I look forward to your expert guidance.

Best regards,
A Concerned Citizen

Comprehensive Guide: How Polish Nationals Can Obtain a Working Visa in the Philippines

The Philippines offers various visa options to foreigners seeking to live and work in the country. For Polish nationals, obtaining a working visa entails compliance with Philippine immigration laws, as governed by the Philippine Immigration Act of 1940 and other pertinent labor and employment statutes.

1. Understanding Philippine Working Visas

The Philippine Bureau of Immigration (BI) oversees the issuance of working visas to foreign nationals. Polish nationals must secure the appropriate visa type based on the nature of their intended employment. The most common working visa types include:

9(g) Pre-Arranged Employment Visa: Issued to foreign nationals employed by a Philippine-based company.
Special Work Permit (SWP): A short-term permit valid for up to six months for specific job assignments.
Special Non-Immigrant Visa (47(a)(2)): Granted to foreign nationals employed in special government-approved projects.
Alien Employment Permit (AEP): A prerequisite for obtaining most work visas, issued by the Department of Labor and Employment (DOLE).

2. Step-by-Step Process for Polish Nationals

A. Preliminary Requirements

Before applying for a working visa, Polish nationals must ensure the following:

Secured Employment: A legitimate job offer or employment contract from a Philippine employer.
Employer Sponsorship: The employer must serve as the petitioner and facilitate the visa application process.
Qualifications and Skills: Relevant credentials demonstrating the applicant’s qualifications for the job.

B. Alien Employment Permit (AEP)

The AEP is a critical document issued by the DOLE. It certifies that the foreign national’s employment will not adversely affect the employment of local workers. The process is as follows:

Employer Submission: The employer submits an application to the DOLE regional office.
- Requirements:
  - Notarized application form.
  - Photocopy of the employment contract or appointment letter.
  - Business permit of the employer.
  - Passport bio-page and visa page (if applicable).
  - Employer's Taxpayer Identification Number (TIN).
Labor Market Test: The DOLE publishes the job vacancy for at least 30 days to verify that no qualified Filipino applicant is available.
Approval or Denial: The DOLE evaluates the application and issues a decision.

C. Application for 9(g) Pre-Arranged Employment Visa

Once the AEP is secured, the employer initiates the 9(g) visa process with the Bureau of Immigration:

Filing the Petition: The employer files a petition on behalf of the Polish national.
- Required Documents:
  - AEP from the DOLE.
  - Passport and visa (if applicable).
  - Valid employment contract.
  - Company registration documents.
  - Proof of compliance with tax obligations.
Processing Period: The Bureau of Immigration typically takes 15–30 days to process the application.
Visa Issuance: Upon approval, the 9(g) visa is stamped in the applicant’s passport.

D. Special Work Permit (SWP)

For short-term employment, a Polish national can apply for an SWP through the Bureau of Immigration:

Eligibility: Employment duration not exceeding six months.
Requirements:
- Passport with a valid tourist visa.
- Employment contract.
- Employer's letter of intent.
Processing Time: SWPs are usually issued within two weeks.

E. Other Visa Options

47(a)(2) Visa: Polish nationals employed in special government-approved projects may apply for this visa through their employer.
PEZA Visa: Applicable for employees in companies registered with the Philippine Economic Zone Authority (PEZA).

3. Key Considerations for Polish Nationals

A. Residency Requirements

Foreign employees may also need to obtain a Provisional Work Permit (PWP) if their 9(g) visa application is pending but they need to begin work immediately.

B. Tax Obligations

Polish nationals employed in the Philippines are subject to Philippine income tax laws. Employers are responsible for withholding the appropriate taxes.

C. Compliance with Immigration Laws

It is critical for applicants to adhere to the conditions of their visa to avoid penalties, deportation, or blacklisting.

4. Common Challenges

A. Delays in Processing

Administrative delays may occur due to incomplete documentation or a backlog of applications at the Bureau of Immigration or DOLE.

B. Employer Non-Compliance

Employers unfamiliar with immigration procedures may inadvertently cause delays. It is advisable to seek assistance from experienced legal counsel or immigration specialists.

C. Rejection or Revocation

Applications may be denied if the job is deemed to be one that can be filled by a Filipino national or if the documentation is insufficient.

5. Fees and Processing Times

AEP Fees: PHP 8,000–10,000 (dependent on employment location).
9(g) Visa Fees: PHP 10,000–20,000.
Processing Times:
- AEP: 10–20 working days.
- 9(g) Visa: 15–30 working days.

6. Legal Support

Polish nationals and their employers are strongly advised to engage the services of legal professionals to navigate the complexities of the application process. Attorneys specializing in immigration law can ensure compliance with all legal requirements and streamline the application process.

Conclusion

Securing a working visa in the Philippines as a Polish national involves multiple steps, from obtaining an AEP to applying for the appropriate visa type. With meticulous preparation, compliance with legal requirements, and the guidance of legal counsel, Polish nationals can successfully navigate the process and enjoy employment opportunities in the Philippines.