Common Mistakes to Avoid When Applying for an AEP in the Philippines

Applying for an Alien Employment Permit (AEP) in the Philippines can be a straightforward process if the right steps are followed. However, mistakes in the application process can lead to delays, denials, or legal issues for both the foreign national and the employer. To help you navigate the process smoothly, here are some common mistakes to avoid when applying for an AEP.

1. Submitting Incomplete or Incorrect Documentation

One of the most common reasons for delays or denials in AEP applications is the submission of incomplete or incorrect documents. Missing even one required document can result in the rejection of the application or cause significant delays in processing.

How to Avoid:

• Double-check all document requirements before submitting the application to the Department of Labor and Employment (DOLE). These documents typically include the AEP application form, employment contract, photocopies of passport and visa, and a 2×2 photo.
• Ensure that the details on the employment contract and other documents are consistent, particularly regarding the job title, salary, and duration of employment.
• Proofread the documents for any errors or inconsistencies that may cause confusion during the review process.

2. Missing the 15-Day Job Posting Requirement

Before a company can hire a foreign national, they must first publish the job vacancy in a newspaper of general circulation to give Filipino workers a chance to apply. Failing to meet this requirement may result in the rejection of the AEP application.

How to Avoid:

• Ensure that the job vacancy is published at least 15 days before submitting the AEP application.
• Include the certificate of publication as part of the application to prove that this step has been completed.

3. Applying Too Close to the Start Date

Some foreign nationals and employers make the mistake of applying for the AEP too close to the foreign worker’s planned start date, assuming that the process will be quick. However, DOLE may take two to three weeks or more to process an AEP, and starting work without a valid permit is illegal.

How to Avoid:

• Apply for the AEP well in advance—at least a month before the foreign worker’s intended start date—to allow enough time for processing.
• Do not allow the foreign worker to start work until the AEP is issued, as doing so can result in penalties for both the employer and the foreign worker.

4. Applying for the Wrong Type of Work Permit

Some foreign nationals apply for an AEP when they may only need a Special Work Permit (SWP), or vice versa. The AEP is intended for long-term employment, while the SWP is designed for short-term work assignments, usually less than six months.

How to Avoid:

• Assess the nature of the job and the duration of employment before applying. If the job is short-term (less than six months), the SWP might be more appropriate than an AEP.
• For long-term roles, the AEP is the correct permit, and it is often needed to apply for a 9G Working Visa from the Bureau of Immigration.

5. Ignoring Visa Requirements

An AEP is not a visa, and obtaining it does not automatically grant permission to stay in the Philippines long-term. Some foreign workers make the mistake of applying for an AEP without securing the appropriate visa, such as the 9G Working Visa.

How to Avoid:

• After obtaining an AEP, foreign nationals must also apply for a 9G Working Visa from the Bureau of Immigration (BI). Without the visa, the foreign national may not be authorized to stay and work in the Philippines legally.
• Ensure that visa applications and work permit applications are processed together to avoid legal complications.

6. Failure to Provide Evidence of Filipino Worker Unavailability

DOLE requires employers to demonstrate that no qualified Filipino worker is available to fill the position before hiring a foreign national. Some applications are denied because employers fail to provide sufficient proof that they have attempted to hire locally.

How to Avoid:

• Include documentation that proves there were no suitable Filipino applicants for the position. This could include the results of interviews or an evaluation of local candidates.
• Ensure that the job vacancy posting clearly specifies the qualifications required so that DOLE can assess whether Filipino workers meet the criteria.

7. Delaying Renewal of AEP

Some foreign workers wait until the last minute to renew their AEP, resulting in an expired permit and a lapse in legal work authorization. Working with an expired AEP can lead to fines, deportation, and legal issues for both the worker and the employer.

How to Avoid:

• Track the expiration date of the AEP and begin the renewal process at least 60 days before the permit expires.
• Gather all necessary documents in advance and ensure that the renewal application is submitted on time.

8. Not Notifying DOLE of Changes in Employment Terms

AEPs are issued for a specific employer and position. If a foreign national changes jobs, transfers to a different company, or has significant changes in job responsibilities or salary, the AEP needs to be updated or re-applied for. Failing to notify DOLE of these changes can result in the AEP being invalidated.

How to Avoid:

• If the foreign worker transfers to a new employer or there are changes in their employment terms, the company must inform DOLE immediately and apply for a new AEP if necessary.
• Keep DOLE updated with any changes to avoid legal complications.

9. Incorrect Payment of Fees

Some employers or foreign workers make mistakes when calculating or paying the AEP processing fees, resulting in the rejection of their application. The fees depend on the length of the employment period.

How to Avoid:

• The processing fee for an AEP is PHP 9,000 for the first year and PHP 4,000 for each additional year. Calculate the correct amount based on the intended validity of the permit.
• Ensure that the payment is made at the correct DOLE office, and retain the official receipt as proof.

10. Assuming an AEP Covers Multiple Positions or Employers

An AEP is position-specific and employer-specific. It is a mistake to assume that an AEP issued for one job or employer can be used for multiple positions or different companies.

How to Avoid:

• If the foreign worker plans to work for more than one employer or holds multiple positions, each role may require a separate AEP application.
• If transferring to a new employer, apply for a new AEP under that company.

Conclusion

Applying for an Alien Employment Permit (AEP) is an important step for foreign nationals working in the Philippines, and avoiding common mistakes can ensure a smoother process. By submitting complete and accurate documentation, understanding the requirements for both the AEP and other necessary permits, and ensuring timely renewals, foreign workers and their employers can stay compliant with Philippine labor laws.