New member saying Hello

[User444]

Hello! I found this forum because I was trying to get married in Taguig and a forum member had posted about his experience. I am an American citizen and married a Filipina last year. I was 35 and she was 28. I'm a lot younger than a lot of guys on this forum and don't have a military retirement or job pension to rely upon. We have decided to live in Manila for now because she works as an accountant and I work part-time online as an English tutor. I have the 1 year balikbayan visa and we plan on leaving again this year for a few days to renew it and then return to Manila.

[Art, just a re(tired) Fil-Am]

User444,
Looks like you're both on the right path as a Balikbayan. Get your 13A permanent visa if you plan to stay longer in the Philippines. Have a good and enjoyable life.

[JoeLP]

Sounds like you got your stuff together.  Hope it works out well for the both of you.  Look forward to your future posts.  Welcome to the forum.

[David690]

Word of warning User444, re your plan to work whilst you're here. You are not allowed to work on a BB or any visit visa.  If its online there's a pretty good chance you'll be OK, but it only takes one disgruntled or jealous person to report you to the BI and you could be in trouble.

[User444]

Ok, I thought the work permit was needed for working for a company in the PH. For the BB visa, that means you couldn't work for a company in the Philippines. I work for an American company for American students. Can tourists who travel to the PH on a tourist visa work for their companies back home while on vacation?

[Steve & Myrlita]

Ok, I thought the work permit was needed for working for a company in the PH. For the BB visa, that means you couldn't work for a company in the Philippines. I work for an American company for American students. Can tourists who travel to the PH on a tourist visa work for their companies back home while on vacation?

To work in the Philippines you will need one of the following:

Work Visa (9G) or Perm Resident Visa 13 series.
On the 9G, you will also need an AEP (Alien Emp Permit) from DOLE (Dept of Labor and Emp). If you get married and get a 13A, you're all set. You won't need an AEP.

Make sure you secure one of the above before working. The BI is cracking down and if caught without, jail, deported & perm blacklisting. You do not want that. Take care.

[User444]

The key word here is “in”. Work in the Philippines. Does BI mean work for a company in the Philippines or does it mean any type of work? Their website clears up this confusion.

http://boi.gov.ph/ufaqs/14-as-an-investor-what-visa-can-be-issued/
Work Permit section
In general, a foreign national seeking employment in the Philippines, whether resident or non-resident, must secure an Alien Employment Permit (AEP) from the Department of Labor and Employment (DOLE).

A local employer who wishes to employ a foreign national must apply on the foreign national’s behalf with the DOLE for the permit. The petitioning company must prove that the foreign national possesses the required skills for the position and that no Filipino is available who is competent, able and willing to do the specific job for which the foreign national is desired.

You can see that BI means working for a company in the Philippines. The company must apply for the AEP on my behalf. I don’t work for a local company. We must look at the intent of BI and not assume “work in” means any work done in the Philippines. Of course, BI could change their definition at any time but that’s the way I’m reading it (and their website shows that).
 

A 9(G) visa allows foreigners to enter the Philippines to engage in a lawful occupation. In general, it must be shown that the services of the foreigner are indispensable to the management, operation, administration or control of local or locally based firms. Companies must petition for their employees to obtain this visa.

Alien Employment Permit (AEP)

An Alien Employment Permit (AEP) is a document issued by the Philippines Department of Labour and Employment that allows a foreign national to work in the Philippines. This is normally applied for in tandem with a 9(G) employment visa.

An employee must be petitioned by his/her company and it must be shown that no person in the Philippines is willing or competent to perform the service for which the foreign national is hired.

[Peter]

The key word here is “in”. Work in the Philippines. Does BI mean work for a company in the Philippines or does it mean any type of work? Their website clears up this confusion.

http://boi.gov.ph/ufaqs/14-as-an-investor-what-visa-can-be-issued/
Work Permit section
In general, a foreign national seeking employment in the Philippines, whether resident or non-resident, must secure an Alien Employment Permit (AEP) from the Department of Labor and Employment (DOLE).

A local employer who wishes to employ a foreign national must apply on the foreign national’s behalf with the DOLE for the permit. The petitioning company must prove that the foreign national possesses the required skills for the position and that no Filipino is available who is competent, able and willing to do the specific job for which the foreign national is desired.

You can see that BI means working for a company in the Philippines. The company must apply for the AEP on my behalf. I don’t work for a local company. We must look at the intent of BI and not assume “work in” means any work done in the Philippines. Of course, BI could change their definition at any time but that’s the way I’m reading it (and their website shows that).
 

A 9(G) visa allows foreigners to enter the Philippines to engage in a lawful occupation. In general, it must be shown that the services of the foreigner are indispensable to the management, operation, administration or control of local or locally based firms. Companies must petition for their employees to obtain this visa.

Alien Employment Permit (AEP)

An Alien Employment Permit (AEP) is a document issued by the Philippines Department of Labour and Employment that allows a foreign national to work in the Philippines. This is normally applied for in tandem with a 9(G) employment visa.

An employee must be petitioned by his/her company and it must be shown that no person in the Philippines is willing or competent to perform the service for which the foreign national is hired.

Unfortunately, I think you are applying western logic to your reading of the BI guidelines. If you carry out paid employment while physically in the Philippines, you'd better have the correct paperwork, or you could be up sh*t creek with out a paddle.

Go to the BI area office in your area and ask for guidance. Get it in writing!

IMHO of course.

Peter

[User444]

No need to go to the BI office. Found the answer online.

Here is DOLE's definition:
http://www.ble.dole.gov.ph/downloads/issuances/DO%20186-17%20Revised%20Rules%20For%20The%20Issuance%20Of%20Employment%20Permits%20To%20Foreign%20Nationals.pdf

gainful employment shall refer to a state or condition that creates an employer- employee relationship between the Philippine based employer and the foreign national where the former has the power to hire or dismiss the foreign national from employment, pays the salaries or wages

So the rule is that "All foreign nationals who intend to engage in gainful employment in the Philippines shall apply for AEP."

What is gainful employment? Working for a Philippine based employer

So we can write it as follows:
"All foreign nationals who intend to create an employer- employee relationship with a Philippine based employer in the Philippines shall apply for AEP."

That does not apply to me. Does every foreign businessman break the law when he comes to the Philippines for vacation, goes to the beach, sits in his hotel room and connects through a VPN to his employer back home to work on some files? No. Does he have to get an AEP for that work?

But wait a minute. He is working while he's located in the Philippines. Criminal! No, wait. DOLE's definition says that he is not working for a Philippines based employer and does not need an AEP.

I'm not trying to prove my case to you. And I know you guys are trying to be helpful. I appreciate that. But hopefully this will help a future member who reads this 10 years from now. An AEP is not required if you do not work for a Philippines based employer.

[codefreeze]

...
Here is DOLE's definition:

gainful employment shall refer to a state or condition that creates an employer- employee relationship between the Philippine based employer and the foreign national where the former has the power to hire or dismiss the foreign national from employment, pays the salaries or wages
...

That's a relief! I have been a remote worker for many years and have actually from time to time from Thailand, Malaysia and Philippines while employed by my UK-based employer. It's always been a bit of a grey area but I think that text you quoted clarifies things.