Understanding the Alien Employment Permit (AEP)
The Department of Labor and Employment (DOLE) issues the Alien Employment Permit to Foreign Nationals according to the employment agreement with a Philippine-based company.
This crucial document facilitates the legal employment of foreign nationals, ensuring that their entry and work in the country comply with local regulations.
Who Needs an AEP?
The AEP is mandatory for foreign nationals who wish to work in the Philippines for six months or longer.
To acquire an AEP, the foreign national must already have a local employer who will petition them to get the AEP.
Employers aiming to hire foreign nationals must secure all relevant permits and authorities before implementing AEP.
REQUIREMENTS AND PROCESSING OF APPLICATIONS
The employer, foreign national, an authorized representative, and/or accredited agents shall present the complete documentary requirements as below:
- Application form duly accomplished indication true and material information.
- Photocopy of Passport bio-page with a valid visa, and appropriate visa in case of renewal.
- Certified True Copy of valid Business/Mayor’s permit of the Philippine-based company or enterprise or Certified True Copy of the Registration of the Economic Zone Authorities where the company is located and operating unless otherwise provided in the charter.
- Certificate of the Philippine Offshore Gaming Operators (POGO) license, accreditation, or appointment issued by the Philippines Amusement and Gaming Corporation (PAGCOR), and any other authorized freeport or economic zones established by a charter, in case of gaming companies.
- Certified True Copy of the Business Name Registration together with the Application form duly received by the Department of Trade and Industry (DTI); in case of a sole proprietorship.
- Original copy of duly notarized appointment or contract of employment signed over printed name by the foreign national and the employer, indicating the duties and responsibilities, salary, and other benefits of the employee.
- The expiring card in case of renewal.
Processing Period and Verification
Applications for a new AEP take about 7-30 working days after publication.
In case of renewal, it takes 7-15 working days after the receipt of complete documentary requirements.
The Department of Labor and Employment may conduct a verification to establish the company’s existence and legitimacy of the application based on the documents submitted, as deemed necessary.
Validity and Renewal of AEP
The AEP is valid for the position and the company for 1 year unless granted a longer period.
It shall remain valid until it expires for the same position, despite transferring the company to another location.
One can renew the AEP as early as 60 days before its expiration.
The procedures of application for renewal of an AEP are specified, ensuring a smooth transition for foreign nationals continuing their employment in the Philippines.
Renewal Process:
- If the foreign national was elected or appointed for the same designation before the expiry of his/her AEP.
- If the foreign national still holds the same position or office in a hold-over capacity.
- If the foreign national was appointed for a separate position.
In all cases of renewal, the employer or foreign national shall surrender the expiring AEP card to the concerned DOLE-RO for perforation to avoid tampering and illegal use.
Additionally, if the application is without a relevant visa, the DOLE will consider the renewal of an AEP as a new application after the expiration of the existing AEP.
Expired AEP/Without Valid AEP/Fraudulent AEP
Foreign nationals known to continue working with expired AEP or employers found to be exercising will face a penalty and also be restricted from filing an AEP application for five years.
Cancellation and Rejection/Denial for New or Renewal of AEP
A foreign national may request the cancellation of his/her existing AEP, provided his/her original employer issued a clearance or certification.
The DOLE-RO may issue an Order for Cancellation of an AEP for the termination of the latter’s employment before the validity period of the AEP.
Rejection or denial of a new or renewal AEP may occur based on various grounds such as misrepresentation of facts, submission of falsified documents, or meritorious objections from Filipino citizens competent and willing to do the job.
Revocation of AEP
Upon petition or complaint, The DOLE-RO may issue an Order revoking an AEP after due process and evaluation/assessment based on acts of deception for securing an AEP or the foreign national’s criminal offenses.
Fees for Alien Employment Permit
For fees and other payment-related information, refer to the official website of the Department of Labor and Employment (DOLE) or you can get in touch with one of our representatives for additional information.
Additionally, check out our comprehensive visa application guide for a detailed overview of the application process.
Glossary of Terms
- AEP: Alien Employment Permit
- Filipino Workers: Filipino citizens working in the Philippines or the region
- Foreign National: Persons who are not citizens of the Philippines, whether residents or non-residents
- Regulate: Legalization/documentation of foreign workers
- Employment: Work or job
- Gainful Employment: The state or condition that creates an employer-employee relationship between the Philippine-based company and the foreign national
- Alien: Any foreign national
- Welfare: Well-being of a person
- Permit: Document issued to the foreign national
- Regional Office: Regional office of DOLE
Employers’ Report
Under the Revised AEP Rules, employers are now required to submit a quarterly report or an updated list of foreign nationals employed within 30 days from the reference period.
For more detailed information on the AEP Online Filing Service, a free, online process for the submission of Alien Employment Permit applications, visit the official DOLE page.
CONCLUSION
Embarking on a professional journey in the Philippines requires a clear understanding of the legalities surrounding employment for foreign nationals.
The Alien Employment Permit (AEP) serves as the key to unlocking professional opportunities in this vibrant country.
Navigating the comprehensive guide above provides a roadmap for both employers and foreign nationals.
From understanding the necessity of the AEP to deciphering the intricate renewal process, each step plays a crucial role in ensuring a seamless employment experience.
As you venture into the realm of AEP applications, keep in mind that the Department of Labor and Employment (DOLE) aims to streamline the process while ensuring the legitimacy of employment.
Employers must adhere to the regulations, securing all relevant permits and authorities before initiating the AEP.
Disclaimer
While we’ve provided a comprehensive overview of the AEP process, it’s crucial to note that application fees and processing times can vary.
The gravity of the AEP application, the specific circumstances surrounding each case, and the evolving policies of DOLE contribute to this variability.
Therefore, we strongly advise readers to check the official websites of DOLE and BOI for the latest updates.
For personalized assistance and inquiries, consider reaching out to expert consultants at 1Dragon Visa Consultancy.
They can provide tailored guidance based on your unique situation, ensuring a smoother journey as you navigate the regulatory landscape of the Alien Employment Permit in the Philippines. Your professional success in this dynamic and diverse environment awaits!
FAQs about Alien Employment Permit (AEP) in the Philippines:
What is the Alien Employment Permit (AEP) and why is it necessary?
- Answer: The AEP is a document issued by the Department of Labor and Employment (DOLE) in the Philippines. It is essential for foreign nationals intending to work in the country. It authorizes engagement in gainful activities, ensuring compliance with local employment regulations.
How does the AEP fit into the Philippines Pre-Arranged Employment Visa process?
- Answer: The AEP is a prerequisite for the Pre-Arranged Employment Visa. Before applying for the visa, the employer must secure an AEP from the DOLE, establishing the legal basis for a foreign national to work in the Philippines.
What are the eligibility requirements for the Philippines Pre-Arranged Employment Visa?
- Answer: Eligibility requirements include a job offer from a Philippine employer, possessing the necessary skills and qualifications, securing a valid work permit and AEP, good health and character, financial capacity, and a valid passport.
What is the application process for a Philippines Pre-Arranged Employment Visa?
- Answer: The process involves securing a job offer, the employer applying for an AEP, submission of the visa application to the Bureau of Immigration, evaluation and approval by the BI, and entry and registration by the foreign national.
What documents are required for a Philippines Pre-Arranged Employment Visa?
- Answer: Required documents include the application form, passport, photos, business permits, registration documents, medical and police clearance certificates, employment contracts, and other relevant certifications.
What happens if an applicant is denied the Pre-Arranged Employment Visa?
- Answer: If denied, applicants can review and address the reasons for rejection. Seeking professional advice is recommended to enhance the chances of a successful application.
What are the key documents required for the Pre-Arranged Employment Visa and AEP?
- Answer: Documents include the application form, passport, photos, business permits, medical and police clearance certificates, employment contract, and other relevant certifications.
Is there a renewal process for the Alien Employment Permit (AEP), and when can it be initiated?
- Answer: Yes, the AEP can be renewed as early as 60 days before its expiration. The renewal process involves various scenarios based on the foreign national’s status and position.
What are the consequences of working with an expired AEP or if an employer is found exercising with a fraudulent AEP?
- Answer: Foreign nationals working with expired AEP or employers found engaging in fraudulent practices may face penalties and restrictions on filing AEP applications for up to five years.
Can a foreign national request the cancellation of an existing AEP?
- Answer: Yes, a foreign national can request the cancellation of their AEP, provided their original employer issues a clearance or certification. The DOLE-RO may issue an Order for Cancellation based on specific grounds.
What is the validity period of the Alien Employment Permit (AEP), and how is it affected by changes in employment or company location?
- Answer: The AEP is initially valid for one year, with the option for renewal. It remains valid for the same position despite changes in the company’s location, ensuring stability for the foreign national.
How can I find information about the visa fee for a Philippines Pre-Arranged Employment Visa?
- Answer: For the most accurate and up-to-date information on the visa fee, it is recommended to check the official immigration website or contact 1-Dragon Visa Consultancy for complete assistance on AEP applications and fee structure.
What are the benefits of obtaining a Philippines Pre-Arranged Employment Visa?
- Answer: Benefits include employment opportunities for foreign citizens with specialized skills, legal work status, visa validity for three years (extendable), pathway to permanent residency, international work experience, exposure to a new culture, and travel opportunities.
- What is the difference between an AEP and an ACR Card?
Answer: Alien Employment Permit (AEP) and Alien Certificate of Registration (ACR) are distinct documents in the process of foreign nationals working in the Philippines.
- AEP (Alien Employment Permit):
- Issued by: Department of Labor and Employment (DOLE).
- Purpose: AEP is a prerequisite for foreign nationals seeking employment in the Philippines. It authorizes engagement in gainful activities and is required before obtaining a work visa stamped on the passport.
- Application: The employer applies for AEP on behalf of the foreign national, and it must be secured before applying for a work visa.
2. ACR (Alien Certificate of Registration)
- Issued by: Bureau of Immigration (BI).
- Purpose: ACR is a registration document issued to foreign nationals after obtaining the AEP and completing the visa stamping process. It serves as an identification card for aliens residing in the Philippines.
- Application: Foreign nationals need to undergo visa stamping and other immigration processes before obtaining the ACR Card.
Key Differences:
- Issuing Authority: AEP is issued by DOLE, while ACR Card is issued by BI.
- Authorization: AEP authorizes engagement in employment activities, while the ACR Card serves as a general identification card for aliens.
- Prerequisites: AEP is a prerequisite to obtaining a work visa, while an ACR Card follows the completion of visa stamping and immigration procedures.
- Purpose: AEP specifically relates to employment, while the ACR Card is a broader identification document for foreign nationals in the country.
