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SPECIAL NON-IMMIGRANT VISA UNDER SECTION 47(A)(2)
 

List of Requirements - Special Non-Immigrant 47(a)(2)

 

Guidelines for Processing Applications and Requests Relative to Special Non-Immigrant Visa Under Section 47(a)(2)

 

1.  Persons Eligible to Apply for 47(a)(2) Visas

2.  Foreign National Granted 47(a)(2) Visas by Philippine Embassies and Consulates Abroad

3 Direct Issuance of 47(a)(2) Visas to Foreign Nationals Abroad

4 Documentary Requirements for Change of Admission Status

5 Dependents

6Extension of 47(a)(2) Visas

7.  Implementation and Revalidation of DOJ Approval

8.  Verification by the Legal Staff

9.  Translation into English Language

10.  Periods for Filing Applications and Requests

11.  Monitoring

 

Guidelines for Processing Applications and Requests Relative to Special Non-Immigrant Visa Under Section 47(a)(2)
 

Section 1.  Persons Eligible to Apply for 47(a)(2) Visas

Unless expressly excluded from entering the Philippines under Section 29 of CA no. 613, as amended, foreign nationals falling under the following categories may be issued 47(a)(2) visas:

(a)  Those employed as executives, supervisors, specialists, consultants, contractors or personal staff at enterprises registered with Export/Special Economic Processing Zones, Philippine Economic zone Authority (PEZA), Board of Investments (BOI), or Authority of the Freeport Area of Bataan (AFAB);

(b)  Those employed in enterprises that have existing agreement/s with the government, or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries, for the completion of a project;

(c)  Exchange professors, scholars, trainees, participants, students, fellows and social workers under sponsorship of locally or internationally recognized educational, scientific, cultural, relief and charitable organizations, institutions, agencies or foundations, including representatives of non-recognized foreign governments to any of the aforementioned organizations, institutions, agencies or foundations;

(d)  Volunteers who are registered with the Philippine National Volunteer Service Coordinating Agency (PNVSCA), including foreign personnel of international rescue/aid organizations providing assistance on occasion of natural disasters and major emergencies;

(e)  Dependents of foreign nationals covered under any of the foregoing categories;

(f)  Those who, upon application, were approved by the President or by this Department to be eligible to apply for 47(a)(2) visas, consistent with the provisions of CA No. 613, as amended.

Section 2.  Foreign Nationals Granted 47(a)(2) Visas by Philippine Embassies and Consulates Abroad

Foreign nationals in whose favor the Philippine Embassy or Consulate abroad has issued 47(a)(2) visas that are valid for single entry and have no fixed period of validity, shall file an application under Section 4 hereof for purposes of fixing the duration of their authorized stay in the Philippines; provided that, foreign volunteers registered with PNVSCA and in whose favor the Philippine Embassy/Consulate abroad has issued 47(a)(2) visas shall be exempt from this requirement.

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Section 3.  Direct Issuance of 47(a)(2) Visas to Foreign Nationals Abroad

Foreign nationals abroad may be directly issued by the Department of Justice (DOJ) with 47(a)(2) visas upon the submission of an application and supporting documents required under section 4, enclosing therewith a copy of their passport, duly-authenticated by the Philippine Embassy/Consulate abroad, which passport should be valid for a period of at least six (6) months at the time of the filing of the application.  Applications for issuance of 47(a)(2) visas to foreign nationals abroad shall be filed at least two (2) months prior to the estimated date of arrival in the Philippines of such foreign nationals.

Section 4.  Documentary Requirements for Change of Admission Status

Applicants for change of admission status under Section 1(a), (b), (c), (d), and (f), and Sections 2 and 3 of these Guidelines, shall comply with the following documentary requirements:

A.  Executives, supervisors, specialists, consultants, contractors, personal staff of enterprises registered with SEZ, PEZA, BOI, or AFAB, and those employed in enterprises that have existing agreement/s with the government, or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations (GOCC) or their subsidiaries, for the completion of a project.  The applicant shall consist of the following documents: 

1.  Duly accomplished and notarized Department of Justice (DOJ) General Application Form and Checklist

2.  Sworn Certification and Undertaking executed by the sponsor company stating that:

i.  The foreign national subject of the application is being admitted to the Philippine pursuant to a contract entered into by the former with a government office, agency or subdivision, or with a private firm;

ii.  The employment of the foreign national is required in the operation of the company, with an indication of the number and nationality of other personnel employed in the same category as that of the foreign national;

iii.  The foreign national has no derogatory record or pending case against him in his domicile, in the Philippines, or in any other country where the foreign national has resided for the past five (5) years;

iv.  In cases where the application is for the issuance of a 47(a)(2) visa whose period of validity exceeds one (1) year, the sponsor company shall comply with the monitoring requirements provided under these Guidelines;

v.  The sponsor company shall secure clearance from PEZA, SEZ, BOI, AFAB, or the appropriate government agency, whichever is applicable, before allowing the foreign national subject of the application to transfer employment to any company and/or take up any additional employement; and,

vi.  The sponsor company shall notify the DOJ, copy furnished the PEZA, SEZ, BOI, AFAB, or the appropriate government agency, whichever is applicable, within three (3) days from termination of employment of the foreign national.

3.  Favorable recommendation by the PEZA, SEZ, BOI, AFAB, or appropriate government office or agency, as the case may be.

4.  Copies of the following documents:

i.  Passport of the foreign national, which should be valid for a period of at least six (6) months at the time of filing of the application, showing the admission stamp and period of authorized stay

ii.  Sponsor company's Certificate of Registration issued by the appropriate government agency, if engaged in business

iii.  In case the sponsor company is an enterprise engaged in a a project with a government agency, subdivision, instrumentality, or GOCCs and their subsidiaries, the Contract or Agreement between the sponsor company of the foreign national subject of the application and the government office, agency or subdivision, or GOCC and their subsidiaries

iv.  Contract of Employment or Agreement between the foreign national subject of the application and the sponsor company, or a Secretary's Certification of the foreign national's employment within the sponsor company

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B.  Exchange professors, fellows, students, scholars, participants, volunteers and social workers under sponsorship of recognized local or international educational scientific, cultural, relief and charitable organizations, institutions, agencies or foundations, and representatives of non-recognized foreign governments to recognized international organizations, and those falling within the category of Section 1(f) of these Guidelines. - The application shall consist of the following documents:

1.  Duly accomplished and notarized Department of Justice (DOJ) General Application Form and Checklist

2.  Sworn Certification and Undertaking executed by the sponsor organization, institution, agency or foundation stating that:

i.  The foreign national has no derogatory record or pending case against him in his domicile, in the Philippines, or in any other country where the foreign national has resided for the past five (5) years;

ii.  In cases where the period of validity of the 47(a)(2) visa applied for exceeds one (1) year, the sponsor organization, institution, agency or foundation shall comply with the monitoring requirements provided under these Guidelines; and

iii.  The sponsor organization, institution, agency or foundation shall notify the DOJ within three (3) days from termination of the program/scholarship/studies of the foreign national.

3.  Copies of the following documents:

i.  Passport of the foreign national, which should be valid for a period of at least six (6) months at the time of filing of the application, showing the admission stamp, period of authorized stay, and when required, re-entry permit to port of embarkation or country of origin.

ii.  For local organizations, institutions, agencies or foundations, their Certificate of Registration issued by the appropriate government agency.

iii.  Contract or agreement between the local sponsor and the foreign national, if any

iv.  Appointment of the foreign national by the host or receiving organization, institution or foundation

v.  Acceptance of Appointment signed by the subject foreign national

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C. Volunteers registered with the PNVSCA. - For foreign nationals already in the Philippines who have been approved for volunteer assignment by PNVSCA, the application shall consist of the following documents:

1.  Duly accomplished and notarized Department of Justice (DOJ) General Application Form and Checklist

2.  Recommendation or favorable endorsement from the PNVSCA

3.  Sworn Certification and Undertaking executed by the sponsor organization, institution, agency or foundation stating that:

i.  The foreign national has no derogatory record or pending case against him in his domicile, in the Philippines, or in any other country where he has resided for the past five (5) years; and,

ii.  The sponsor organization, institution, agency or foundation shall notify the DOJ, copy furnished the PNVSCA, within three (3) days from termination of the volunteer assignment of the foreign national.

4.  Copies of the following documents:

i.  Passport of the foreign national, which should be valid for a period of at least six (6) months at the time of filing of the application, showing the admission stamp, period of authorized stay, and when required, re-entry permit to port of embarkation or country of origin.

ii.  Contract or agreement between the local sponsor and the foreign national, if any

iii.  Appointment of the foreign national by the host or receiving organization, institution or foundation

iv.  Acceptance of Appointment signed by the subject foreign national

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Section 5.  Dependents - The dependent spouse and/or unmarried minor child/ren of the foreign national covered under Section 4 hereof, including those children born during the period of the latter's authorized stay, may apply for change of admission status or inclusion as dependents under Section 1(e) of these Guidelines, subject to the following:

A. Change of Admission Status of Dependents. - Upon valid entry into the Philippines and during the period of their authorized stay, the spouse and/or unmarried minor child/ren of foreign nationals covered under Section 4 hereof may be applied for change of admission status, either separately or jointly with that of the principal foreign national, as follows:

I.  Separate Application:

a.  Duly notarized letter request signed by the sponsor, company, organization, institution, agency or foundation, and conformed to by the foreign national, his/her spouse and/or unmarried minor children

b.  Sworn affidavit executed by the sponsor, company, organization, institution, agency or foundation indicating that:

i.  The dependent/s shall be guaranteed support and return fare, with attached proof of financial capacity for the said purpose;

ii.  The dependent/s have no derogatory record or pending case in his/her domicile, in the Philippines, or in any other country where he/she has resided for the past five (5) years;

c.  Copies of the following documents:

i.  Documentary requirements and visa approval pertaining to the principal foreign national

ii.  Valid passport of the dependent spouse and/or unmarried minor child/ren

iii.  Marriage contract with the dependent spouse

iv.  Birth certificate/s of dependent unmarried minor child/ren

II.  Joint application with that of the Principal - By including the documentary requirements under Section 5(A) (I)(b) and (c) hereof, with those of the principal foreign national under Section 4 of these Guidelines.

B. Inclusion of Dependents. - Child/ren born in the Philippines to the foreign national during the period of the latter's authorized stay pursuant to an existing 47(a)(2) visa may be applied for inclusion as dependent/s under Section 1(e) hereof, by submitting the following documents:

a.  Duly notarized letter request signed by the sponsor, company, organization, institution, agency or foundation, and conformed to by the foreign national

b.  Sworn affidavit executed by the sponsor, company, organization, institution, agency or foundation indicating that the dependent/s shall be guaranteed support and fare, with attached proof of financial capacity for the said purpose

c.  Copies of the following documents:

i.  Documentary requirements and visa approval pertaining to the principal foreign national

ii.  Copy of the DOJ indorsement of the principal foreign national

iii.  Valid passport and Birth Certificate of the dependent child/ren born in the Philippine

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Section 6.  Extension of 47(a)(2) Visas. - Foreign nationals with existing 47(a)(2) visas may, through their original sponsor company, organization, institution, agency or foundation, submit an application for the extension thereof by complying with the applicable documentary requirements under Section 4 of these Guidelines.  Request for extension of 47(a)(2) visas issued in favor of dependents shall be included in the application of the principal foreign national.

All applications for the extension of 47(a)(2) visas issued pursuant to DOJ approval shall be accompanied by a copy of the previous DOJ indorsement.

Section 7.  Implementation and Revalidation of DOJ approval. - In cases where the issuance or extension of 47(a)(2) visa was not implemented after DOJ approval, the sponsor company, organization, institution, agency or foundation may request for visa implementation or revalidation, as the case may be, by submitting the following documents:

1.  Duly notarized letter request for visa implementation or revalidation, stating the reason/s why the visa was not properly implemented

2.  A copy of the previously submitted DOJ General Application Form and Checklist and other documentary requirements upon which the DOJ approval for the issuance of visa was based

3.  Passport of the foreign national, which should be valid for a period of at least six (6) months at the time of filing, showing the admission stamp and period of authorized stay

4.  Original DOJ indorsement approval

Section 8.  Verification by the Legal Staff. - The Office of the Legal Staf (OLS) shall require the presentation of the original of the documents that are required to be submitted under Section 4(A)4, Section 4(B)3, Section 4(C)4, Section 5(A)I(c), and Section 5(B)c of these Guidelines, for purposes of verifying the copies attached to the application or request; PROVIDED That, in lieu of verification, the applicant may submit the original or certified true copies of the aforesaid documentary requirements together with the application or request; PROVIDED FURTHER That, the original passport shall in all cases be presented for OLS verification, with the exception of applications that have been duly certified, recommended, indorsed and filed with the OLS by the PEZA, BOI, AFAB, or PNVSCA, as the case may be.

Section 9.  Translation into the English Language. - In cases of documents that are in a language other than English, the OLS shall require the submission of its official written translation into the English language duly-authenticated by the Department of Foreign Affairs or its Philippine Embassies/Consulate.

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Section 10.  Periods for Filing Applications and Requests. - Applications and requests under Sections 2, 3, 4, 5 and 6 of these Guidelines shall be filed at the OLS within the following periods:

a.  For the extension and fixing of duration of 47(a)(2) visas issued by Philippine Embassies and Consulates abroad under Section 2. - The application shall be filed within ten (10) working days from the arrival of the foreign national in the Philippines.

b.  For direct issuance of 47(a)(2) Visas to Foreign Nationals Abroad under Section 3. - The application shall be filed at least two (2) months prior to the intended entry or stay of the foreign national in the Philippines.

c.  For change of admission status under Section 4 and 5(A). - The application shall be filed least fifteen (15) working days before the expiration of the entry visa.

d.  For inclusion of dependent/s under Section 5(B). - The application shall be filed within a reasonable time during the principal's authorized stay.

e.  For extension of 47(a)(2) Visas under Section 6. - The application shall be filed at least one (1) month prior to visa expiration.

f.  For implementation and revalidation of DOJ approval under Section 7.-The request shall be filed within ten (10) days after the arrival of the foreign national in the Philippines.

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Section 11.  Monitoring. - For purposes of monitoring foreign nationals whose 47(a)(2) visas are valid for a period exceeding one (1) year, the sponsor company, organization, institution, agency or foundation shall, within one month after the end of each calendar year, submit with the Office of the Legal Staff (OIS) a sworn certification indicating the number of names of their foreign employees/professors/fellows/students/scholars/volunteers/social workers who have been issued 47(a)(2) visas during the year, as well as the date of the DOJ indorsement and the corresponding expiration date o the foreign nationals' 47(a)(2) visas; PROVIDED That for PEZA, BOI, or AFAB-registered companies, and PNVSCA-registered volunteer organizations, the certification must be accompanied by a favorable endorsement from the PEZA, BOI, AFAB, or PNVSCA, as the case may be.

In all instances, the sponsor company, organization, institution, agency or foundation shall notify the DOJ within three (3) days from termination of the employment/assignment/scholarship/studies of the foreign national, copy furnished the appropriate government agency pursuant to Section 4(A)(2)(vi), Section 4(B)(2)(iii), Section 4(C)(3)(ii) of these Guidelines.

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