When Should You Start the AEP Application Process?

The Alien Employment Permit (AEP) is a mandatory requirement for foreign nationals seeking to work legally in the Philippines. Employers and foreign workers need to plan the application process carefully to avoid delays that could disrupt the start of employment or result in penalties for non-compliance. Starting the AEP application process at the right time is critical for ensuring a smooth hiring process and compliance with local labor laws.

Here’s a guide on when you should start the AEP application process and key considerations for timing.

1. Start the AEP Application Process Early

The AEP application process can take anywhere from two to three weeks or more, depending on the completeness of the application and the workload at the Department of Labor and Employment (DOLE). It’s crucial to start the process well in advance of the foreign worker’s intended start date to avoid delays that could prevent them from working legally in the Philippines.

Recommended Timeline:

• One to Two Months Before the Start Date: Ideally, the AEP application process should begin at least one to two months before the foreign national’s intended start date. This allows enough time for:
  • Completing and gathering all necessary documents.
  • Meeting job vacancy posting requirements.
  • Addressing any issues or delays that may arise during processing.

2. Document Preparation and Job Vacancy Posting

Before submitting the AEP application to DOLE, companies must prepare all required documents and ensure that the job vacancy is properly advertised to give Filipino workers a chance to apply. The job vacancy must be posted at least 15 days before the AEP application can be submitted.

Key Steps to Prepare for the AEP Application:

• Job Vacancy Posting: Employers must post the job vacancy in a newspaper of general circulation for at least 15 days. This requirement ensures that local workers are given the opportunity to apply for the position before a foreign worker is considered.
• Document Preparation: Gather all the necessary documents, such as:
  • A duly accomplished AEP Application Form.
  • The employment contract or appointment letter outlining the job role, salary, and duration.
  • Photocopies of the foreign worker’s passport and visa (if applicable).
  • Proof of job vacancy posting, such as a certificate of publication from the newspaper.

These preparatory steps should be completed at least one month before the intended start date to ensure the AEP application can be submitted promptly.

3. Submit the AEP Application Before Employment Starts

It is illegal for foreign nationals to begin working in the Philippines without an approved AEP. Therefore, employers must ensure that the AEP application is submitted and processed before the foreign worker’s employment begins.

Key Considerations:

• Submit the Application Early: Submit the AEP application to DOLE as soon as the job vacancy posting period is complete, and all required documents are ready. Waiting until the last minute can result in delays that prevent the foreign worker from starting work on time.
• Follow Up with DOLE: After submitting the AEP application, follow up regularly with the DOLE office handling the application to track its progress. If there are any issues or missing documents, addressing them quickly can prevent further delays.

4. Plan for Potential Delays

While the standard processing time for an AEP is two to three weeks, various factors can cause delays, including incomplete documentation, objections to the application, or backlogs at DOLE. To avoid these issues, it’s essential to plan ahead.

Factors That Can Cause Delays:

• Incomplete Documentation: Missing or incorrect documents can result in delays or rejection of the application. Ensure that all required documents are accurate and complete before submission.
• Objections: Local labor unions or Filipino workers may raise objections to the AEP application, particularly if they believe a qualified local worker could fill the position. In such cases, DOLE may need to investigate, which can extend processing time.
• DOLE Backlogs: High volumes of applications or staff shortages at DOLE can lead to backlogs. Starting the process early helps mitigate the risk of delays caused by such issues.

5. Coordinate with the Visa Application Process

In addition to obtaining an AEP, foreign nationals must also secure a 9G Working Visa from the Bureau of Immigration (BI). The AEP and 9G Visa processes should be coordinated to ensure that both permits are in place before the foreign worker starts employment.

Key Steps:

• Simultaneous Applications: Start the 9G Visa application process alongside the AEP application to ensure both are approved on time. The AEP is required to complete the 9G Visa application, so delays in obtaining the AEP can affect the worker’s legal immigration status.
• Monitor Expiration Dates: Once the AEP and 9G Visa are issued, monitor their expiration dates and ensure that renewals are processed at least 60 days before expiration to avoid legal issues.

6. When to Start AEP Renewals

If a foreign worker’s employment contract is extended, or the AEP is nearing expiration, it’s important to renew the permit well in advance to ensure continuous legal employment. The renewal process should begin at least 60 days before the AEP’s expiration.

Key Steps for Renewal:

• Track Expiration Dates: Keep a close eye on the AEP’s expiration date and begin the renewal process at least 60 days before it expires to allow time for processing.
• Submit Renewal Documents: The renewal application will require updated employment contracts and other supporting documents, similar to the original application.

7. Legal and Compliance Risks of Delaying the AEP Application

Delaying the AEP application or failing to obtain an AEP before the foreign worker begins employment can result in legal and compliance issues for both the employer and the worker.

Potential Risks of Delays:

• Fines and Penalties: Employers can face fines for hiring foreign workers without a valid AEP. The foreign worker may also face penalties for working illegally.
• Deportation: Foreign workers found working without an AEP risk deportation and may be blacklisted from future employment in the Philippines.
• Business License Suspension: Companies that repeatedly violate AEP regulations may have their license to hire foreign workers suspended or revoked by DOLE.

Conclusion

To avoid legal complications and ensure that foreign nationals can start working on time, it’s essential to start the AEP application process early, ideally one to two months before the foreign worker’s intended start date. Companies should prioritize preparing complete documents, meeting job vacancy posting requirements, and submitting the application before employment begins. By planning ahead, employers can ensure compliance with labor and immigration laws and avoid delays in the hiring process.