With the influx of foreign nationals who would like to work in the country, the Bureau of Immigration (BI)  in partnership with the Department of Labor and Employment (DOLE), Bureau of Internal Revenue (BIR), and Department of Justice (DOJ) reinforced its inter-agency regulations and policies in issuing work permit and/or work visa to foreign nationals engaged in local employment. Several supplemental guidelines were issued earlier this year governing the issuance of these permits such as the inclusion of Tax Identification (TIN) number for foreign employees and limitation on permissible areas of work for short term employment permit.

With these changes, the government still stands with its aim to promote the ease of doing business in the country by allowing the flow of foreign talents, transfer of knowledge, and global competencies that can be fostered through employment of foreign nationals. 

The issuance of a valid work permit and/or visa to foreign employees are anchored in the following:

• Existence of an employee  employer relationship where a local fully registered company is willing to serve as the petitioner for the application of work permit and visa of the foreign talent;

• No local talent shows interest or is able to do or perform the role offered to the foreign employee; and

• The foreign employee is engaged in a lawful occupation and receives compensation for the work regardless if paid by the petitioner company or the parent company if there is any.

A company that wishes to hire a foreign talent has various options to choose from when it comes to the type of visa that is needed depending on the nature of business of the company, the duration of contract, and type of work that the foreign employee is hired for. Choosing the type of visa is simply one of the factors to consider in hiring a foreign talent. Navigating the complex system and processes of a work visa application may be stressful and not knowing the requirements and processes may inevitably result in the dismissal of an application. Having a trusted partner and reliable adviser who can provide a comprehensive and efficient approach is a key consideration in the successful lodgment of an application.