ImmigrationVisa Options in the Philippines When Starting a Business

August 29, 2024
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The Philippines has become a popular destination for expatriates looking to establish businesses due to its strategic location in Southeast Asia, its growing economy, and a business-friendly environment. However, one of the most critical aspects of setting up a business as a foreigner in the Philippines is obtaining the appropriate visa. The visa you choose will determine your ability to work and operate your business legally in the country. This is a comprehensive overview of the various visa options available for expats, including their validity, application process, limitations, and associated costs.

Visa Types Available for Expats Starting a Business in the Philippines

Foreigners looking to start a business in the Philippines have several visa options. These include the 9g Work Visa, Alien Employment Permit (AEP), Special Work Permit (SWP), PEZA Visa, Special Investors Resident Visa (SIRV), and the 9d Treaty Traders Visa. Each visa serves different purposes and comes with specific requirements and benefits.

1. 9g Work Visa

The 9g Work Visa, also known as the Pre-arranged Employment Visa, is the most common visa for foreigners employed by Philippine-based companies. This visa allows expats to legally work in the Philippines for a company or a business they own.

Validity and Duration: The 9g Work Visa is generally issued for one year but can be extended up to three years. The visa’s validity is tied to the duration of the employment contract or the existence of the business.

Application Process:

  • The application process begins with submitting an Alien Employment Permit (AEP) issued by the Department of Labor and Employment (DOLE).
  • After securing the AEP, the expat must apply for the 9g Work Visa to the Bureau of Immigration (BI), including a copy of the employment contract, business registration documents, and other supporting documents.
  • The processing time usually takes about two to three months.

Overseas Application: The 9g Work Visa can be applied for overseas through the Philippine Embassy or Consulate in the applicant’s home country. However, most prefer to apply on a temporary visa while already in the Philippines.

Limitations: While the application is being processed, the individual may face restrictions on the type of work they can perform. For example, they cannot engage in activities outside the scope of the pending employment or business registration.

2. Alien Employment Permit (AEP)

The Alien Employment Permit (AEP) is not a visa but a prerequisite for obtaining a 9g Work Visa. DOLE issues this document, which authorizes a foreigner to work in the Philippines.

Validity and Duration: The AEP is typically valid for one to three years, aligned with the duration of the employment contract.

Application Process:

  • The employer must apply for the AEP on behalf of the foreign employee at the nearest DOLE office.
  • Required documents include a duly accomplished application form, employment contract, business permit, and a copy of the employee’s passport.

Overseas Application: The AEP can be applied for while the foreigner is still overseas, but it is more commonly processed after the foreigner enters the Philippines on a temporary visa.

Limitations: An AEP only allows a foreigner to work with securing the appropriate visa, such as the 9g Work Visa.

3. Special Work Permit (SWP)

The Special Work Permit (SWP) is a temporary permit that allows foreigners to work in the Philippines for a short period, usually for specific projects or assignments.

Validity and Duration: The SWP is valid for three months and can be extended for another three months, totaling a maximum duration of six months.

Application Process:

  • The application is submitted to the Bureau of Immigration, including a letter of request from the employer, a copy of the employment contract, and other supporting documents.
  • Processing typically takes a few weeks.

Overseas Application: The SWP is usually applied for while the foreigner is already in the Philippines on a tourist or temporary visa.

Limitations: The SWP is not intended for long-term employment and is limited to specific tasks or projects. It cannot be converted to a long-term visa, and the individual must leave the Philippines upon the permit’s expiration.

4. PEZA Visa

The PEZA Visa is granted to foreigners working for companies registered with the Philippine Economic Zone Authority (PEZA), usually export-oriented businesses in special economic zones.

Validity and Duration: The PEZA Visa is typically issued for one year and can be renewed annually for as long as the foreigner remains employed by a PEZA-registered company.

Application Process:

  • The PEZA-registered company applies for the visa on behalf of the foreign employee, submitting the necessary documents to PEZA and the Bureau of Immigration.
  • Required documents include the employment contract, PEZA registration certificate, and AEP.

Overseas Application: The PEZA Visa can be applied overseas, but the processing is generally completed in the Philippines.

Limitations: The visa is limited to employment within the PEZA-registered company, and any change in employment status requires a new visa application.

5. Special Investors Resident Visa (SIRV)

The Special Investors Resident Visa (SIRV) is designed for foreign investors who wish to live and invest in the Philippines. It allows holders to reside in the Philippines indefinitely, provided they maintain their investments.

Validity and Duration: The SIRV is valid as long as the foreigner maintains a minimum investment of USD 75,000 in the Philippines.

Application Process:

  • The applicant must invest in a qualified investment option, such as a Philippine-based company or government bonds.
  • After the investment is made, the application is submitted to the Bureau of Immigration, along with proof of investment, passport, and other required documents.
  • The processing time can take several months, depending on the complexity of the investment.

Overseas Application: The SIRV can be applied for overseas through a Philippine Embassy or Consulate, but the investment must be completed before the visa is granted.

Limitations:The visa is contingent on maintaining the investment. It may be revoked if the investment falls below the required amount.

6. 9d Treaty Traders Visa

The 9d Treaty Traders Visa is available to nationals of countries that have a trade treaty with the Philippines. It allows them to engage in substantial trade or investment activities in the country.

Validity and Duration: The 9d Visa is typically issued for one year and can be renewed annually.

Application Process:

  • The application is submitted to the Bureau of Immigration with supporting documents, including proof of trade or investment activity, passport, and treaty trader certification.
  • The application process can take several weeks to a few months.

Overseas Application: The 9d Visa can be applied overseas at a Philippine Embassy or Consulate, but it is more commonly processed in the Philippines.

Limitations: The visa is limited to the specific trade or investment activity, and any change in the business structure may require a new application.

Is Assistance Available?

We have a highly experienced team of visa experts who are dedicated to helping you navigate the complexities of obtaining the correct business visa tailored to your specific needs. Our professionals possess extensive knowledge of the latest regulations and procedures, ensuring you receive accurate and efficient guidance throughout the visa application process. Whether you’re looking for a long-term residency option or a temporary work permit, we have the expertise to streamline your journey. Contact us today through any of the methods listed below to schedule an initial consultation with one of our skilled visa experts: