BI releases rules on indefinite visa for foreigners hiring Pinoys

MANILA, Philippines - The Bureau of Immigration (BI) has released the implementing rules and regulations for the issuance of indefinite visas to foreign businessmen hiring at least 10 Filipino workers.

Under the BI memorandum circular, a Special Visa for Employment Generation (SVEG) will be issued to foreigners “with controlling interest in a company or entity engaged in a business activity, enterprise or industry" with at least 10 full-time and regular Filipino employees.

The Filipino workers must also be employed in managerial, executive, professional, technical, skilled or unskilled positions for the foreign applicant to be considered.

Applications for SVEG shall be filed with the office of the BI commissioner in Intramuros, Manila with the applicant fulfilling the following requirements:

1) Notarized letter-request;
2) Copy of passport with updated stay;
3) The company’s articles of incorporation, general information sheet;
4) Proof of the applicant’s investment; and
5) Clearances from the National Intelligence Coordinating Agency and BI.

Aside from these, the foreign applicant must also furnish the BI with alien employment permit (AEP) from the Department of Labor and Employment (DOLE), whenever necessary, and the latter shall issue a certification that the applicant employs at least 10 Filipinos.

“Moreover, the applicant shall certify that he or she maintains a lawful immigration status in the Philippines; engaged in a viable and sustainable business; exercises managerial acts with authority to employ, promote and dismiss employees; and evinces a genuine intention to indefinitely remain in the country," the BI said in a statement.

Proofs must also be attached to the application showing that Filipinos employed by the applicant have been given benefits under the Philippine Labor Code such as social security, PhilHealth and Pag-Ibig Fund coverage.

Immigration Commissioner Marcelino Libanan signed the memorandum circular on Feb. 18 and was subsequently approved by Justice Secretary Raul Gonzalez. The rules will take effect on March 9, or 15 days after its publication in a national newspaper.

Libanan explained that the SVEG, which entitles the holder to stay indefinitely in the Philippines, is still subject to restrictions imposed by the Constitution and existing laws on foreign investments, equity and capital requirements.

The issuance of the SVEG is based on Executive Order No. 758, which President Gloria Mapacagal Arroyo signed last Nov. 17. - Mark Joseph Ubalde, GMANews.TV

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