BI Issues IRR on Granting of Special and Provisional Work Permits to Foreign Workers
The Bureau of Immigration (BI) recently issued Operations Order No. JHM-2019-008 or the “Implementing Rules on Special Work Permit and Provisional Work Permit” (“IRR”), a new set of guidelines that will specify which occupations are allowed to be issued Special Work Permits (SWPs) as well as what documentary requirements are needed for the issuance of Provisional Work Permits (PWPs).
Special Work Permits are permits issued for short-term assignments/employment of up to 6 months. Provisional Work Permits, on the other hand, are temporary permits given to foreign nationals whose approval of employment visa application, 9g work visa or 9d treaty trader’s visa, is in process.
The new IRR provides that an SWP is available to a foreign national who intends to work, engage in specific activities or render services outside of an employment arrangement such as the following:
- professional athletes, coaches, trainers, and assistants
- international performers with exceptional abilities
- artist, performers and their staff, who perform before an audience for a fee, subject to compliance with the requirements of the concerned agency, office or body
- service suppliers coming primarily to perform temporary services and who do not receive salary or other remuneration from a Philippine source other than expenses incidental to their temporary stay
- treasure hunters authorized to search for hidden treasure with permit from the concerned government agencies and instrumentalities
- movie and television crews authorized to film in the country by the relevant regulatory office, body or agency
- foreign journalist practicing their profession or covering a specific event in the country
- trainee/s assigned in government instrumentalities, government-owned and controlled corporations (GOCC) and private entities
- lecturers, researchers, trainers and others pursuing academic work, who are assigned in schools, universities, and educational and research institutions, government agencies and other entities (with or without compensation)
- religious missionaries and preachers
- commercial models and talents
- culinary specialists/chefs
- consultants or specialists
A few of the work categories, such as artists, athletes, commercial models, and foreign journalists, are subject to special documentary requirements before the application for an SWP.
The IRR is part of the Joint Guidelines No. 01 signed by the BI together with the Department of Labor and Employment (DOLE), Department of Justice (DOJ), and Bureau of Internal Revenue (BIR) on Labor Day of this year. The Joint Guidelines was issued by the abovementioned agencies to “harmonize” inter-agency cooperation in the issuance of work permits to foreign nationals (SWP, PWP, and Alien Employment Permits [AEPs]), which previously did not have any consolidated guidance.
Along with the Operations Order No. JHM-2019-008 and Joint Guidelines No. 01, the BI also issued Operations Order No. JHM-2019-009, or the Taxpayer Identification Number in Visa and Permit Applications, which requires foreign nationals to secure a Tax Identification Number (TIN) with the BIR to obtain an SWP or PWP.
Any violations of the abovementioned guidelines will render an issued permit invalid and may subject the SWP/PWP applicant to deportation.
According to BI, the IRR will be effective on July 15, 2019.
If you want to read the official copy of the IRR, please click here.