BI IMMIGRATION MEMORANDUM CIRCULAR NO. SBM-2013-001, November 28, 2013
EXEMPTING CERTAIN SPECIAL WORK PERMIT (SWP) APPLICANTS FROM THE COVERAGE OF MEMORANDUM CIRCULAR RADJR NO. 2013-004
2013 required the inclusion of Tax Identification Number in the List of
Requirements for Employment Visa (Commercial), Treaty Trader Visa, SWP
and Special Visa under R.A. No. 8756;
WHEREAS, certain applicants for SWP are paid their salaries by
their respective home offices outside the country and not from the
petitioning companies within the Philippines where they intend to render
short-term work/services;
WHEREAS, to require the above
applicants to submit proof of having secured Tax Identification Number
is unnecessary considering that they shall not earn any income in the
country;
WHEREFORE, pursuant to the rule-making authority of the
Commissioner of Immigration under Section 3 of Commonwealth Act No. 613
(Philippine Immigration Act of 1940), as amended, it is hereby ordered
that an applicant for SWP who is entirely paid his salary or any other
form of compensation by his home office outside the country for a
short-term work/service to be rendered with the petitioning company
operating the Philippines shall be exempt from the coverage of
Memorandum Circular RADJR No. 2013-004. In lieu thereof, the petitioning
company shall submit a sworn declaration stating that the entire salary
or any other form of compensation of the SWP applicant shall be paid
entirely by his home office outside the country.
This Circular shall take effect immediately upon the signing hereof.
Furnish a copy of this Circular to the Office of the National
Administrative Register (ONAR), U.P. Law Center, Diliman, Quezon City.
(SGD) SIEGFRED B. MISON
Officer-In-Charge