MANILA, Philippines – Over the past few years, there has been a noticeable increase in the number of foreign national workers here in the Philippines.

Consequently, there has been simultaneous news about raids orchestrated by the Bureau of Immigration (BI) to arrest and detain foreign nationals who are illegally working in the country.

According to the data provided by the Intelligence Division of the Bureau of Immigration, there is a 326% increase in the number of arrested foreign nationals without proper working permits for 2018 as compared to the reported arrests in 2017.

To provide a profound understanding of the current immigration-related issues in the Philippines, SCWC Konek’s Adam Sim invited immigration lawyer Atty. Robenson Avenida and Kristine Avenida, their law firm’s immigration department head, for an interview last March 8, 2019.

Fernando Lagman and Avenida Law Offices are recognized by the Legal 500, a leading website in providing legal market information worldwide, as one of the top law offices in delivering quality immigration services to foreign nationals.

Source: https://www.legal500.com/c/philippines

Atty. Robenson Avenida noted that “foreign nationals don’t come to the Philippines to look for work. Instead, their companies hire them long before they come to the country.”

Initially, most foreigners that enter our country starts with a 9a Visa based on Section 9a of the Philippine Immigration Act of 1940. This visa is only valid for tourism, business, and health purposes but not for employment reasons.

Most of the arrested foreigners are those who are illegally working under a 9a visa. When caught, they will be deported using the same vessel that brought them into the country and prevented from entering the Philippines for good.

The Bureau of Immigration recently released supplemental guidelines in giving a work permit to foreign nationals.

Kristine Avenida added, “This could possibly be a reaction to the criticisms received by the Bureau from the Senate regarding the sudden increase of Chinese nationals working blue-collar jobs (i.e., manual labors such as carpenters, welders, waiter).”

The skillsets for these jobs are easily found in an average Filipino which should be a top priority for employment in the Philippines.

“Our Intel has been working nonstop to catch foreigners who make a mockery of our laws. We are serious about our drive against illegal aliens, and are focusing our energies on arresting those working without the proper documentation, stealing jobs from Filipinos,” said BI Commissioner Jaime Morente last February 19 after they arrested 276 undocumented aliens in Makati City.

The BI is clear in its advocacy to punish illegal aliens who steal jobs from our countrymen. A foreigner should only be allowed to work in the Philippines given that he has the skills and abilities that will be hard for us to find locally.

Even for professionals such as engineers or nurses, getting a work permit is not that easy. According to Atty. Robenson Avenida, they are still required to obtain approval from the Professional Regulation Commission (PRC) to be able to apply for a work permit.

Securing an Alien Employment Permit (AEP) and a working visa is an essential requirement for foreign nationals if they want to secure a job in the Philippines.

However, if they only intend to work here within six months, they are only required to secure a Special Working Permit (i.e., less rigorous process of application).

On the issue of a local celebrity, an American passport holder

According to local news, a Filipino celebrity allegedly shouted and cursed at immigration offices in an airport when he discovered that he was only given 30 days to stay here in the Philippines under the limitations of his Balikbayan privilege.

According to Kristine Avenida, the actor is qualified under the Balikbayan Program where he can enter the country visa-free for 1 year provided that he is traveling along with a Filipino family member.

Unfortunately, this Filipino celebrity was traveling alone which is why he did not qualify for the one-year visa privilege. He was treated fairly despite his claims that the immigration officers were giving him a hard time despite his celebrity status.

Tips for travelers

“The key here is preparation and research. Prepare your passport. It had to be valid for at least six months from the date of your departure from the country you visited,” said Kristine Avenida.

Details of all your travel documents (e.g., passport, roundtrip ticker, visa, etc.) should be checked to avoid discrepancies and delays. Make sure that your budget for travel expenses and emergencies are covered.

Minors who wish to travel abroad must be accompanied by their parents or legal guardians. Otherwise, their companions are required to secure a travel clearance from the Department of Social Welfare and Development to ensure that they have the consent to travel without their parents or legal guardians. This is also a precaution by the BI to avoid cases of kidnapping or human trafficking.

Lastly, be prepared to be interrogated by immigration officers about the purpose of your travel to a foreign country. It would be best to have physical copies of your hotel booking, itinerary, and period of stay so that you can accurately answer these questions.

Fully equipped with these tips from Atty. Rob and Kristine Avenida, you are most likely to have a peaceful and hassle-free trip!

This article is based on a radio interview by SCWC Konek on 8 March 2019. See the original post here.