BI tightens rule on alien workers

The Bureau of Immigration (BI) has issued new guidelines in granting Special Work Permit (SWP) and Provisional Work Permit (PWP) to foreigners following the surge in the number of Chinese workers in the country.

BI Commissioner Jaime Morente has issued Operations Order No. JHM-2019-002 requiring all foreign nationals who want to work in the country to submit additional documents before they are given an SWP or PWP to discourage and minimize the number of foreign workers in the country.

The BI will no longer issue such permits to foreign nationals who are working as construction worker, cashier, waiter, janitor, household helper, carpenter, garbage collector, security guard, warehouse caretaker and other analogous labor, according to the order.

However, the BI may still issue an SWP and PWP for highly technical positions provided that the applicant first secure a Special Temporary Permit from the Professional Regulation Commission (PRC). To get the STP, the BI will require all foreign workers to submit the following:

▪ at least 20 days validity of Temporary Visitor Visa (TVV) at the time of application;

▪ existence and capability of petitioning company;

▪ address of the company and applicant (residence);

▪ nature of business of the petitioning company as reflected in its SEC Certificate; and

▪ company license to operate issued by the government.

The Bureau said the foreign worker applicant will only work for the position applied for by their company.

The Alien Control Officer (ACO), Acting Alien Control Officer (AACO) or duly authorized personnel shall approve or disapprove the SWP or PWP application filed within their area of jurisdiction. The BI satellite offices in SM Aura and Makati will not issue the SWP or PWP and all applicants are to process their application at the BI main office in Intramuros, Manila.

The new rule was prompted by complaints from various labor groups against alleged thousands of foreign workers, mostly Chinese nationals, working in construction sites and other technical jobs that can be filled in by Filipinos.