Here’s a practitioner-style, soup-to-nuts guide to employment and work-permit options for foreign spouses of Filipinos—how to work lawfully in the Philippines, which visas and permits fit which situations, who sponsors what, and the traps that cause denials, fines, or deportation. (General information only—not legal advice.)
Big picture: visa ≠ work authority
In the Philippines, immigration status and permission to work are two separate layers:
- Right to stay (visa/residence) is handled by the Bureau of Immigration (BI).
- Right to work (labor authorization) is handled primarily by the Department of Labor and Employment (DOLE) via an Alien Employment Permit (AEP)—with some BI-issued short-term work permits for special situations.
Translation: even if you have a valid long-term visa (including a spousal 13(a)), you generally still need work authorization to be employed—unless you fit an exemption.
Core pathways at a glance (pick your lane)
Scenario | What you hold / aim for | Can you work? | What you typically need |
---|---|---|---|
Long-term residence as a Filipino’s spouse | 13(a) Non-Quota Immigrant | Yes, once work-authorized | AEP (DOLE) + (if newly hired) employer onboarding; no 9(g) needed |
Employer will sponsor you directly | 9(g) Pre-Arranged Employment | Yes, with that employer only | AEP first, then BI issues 9(g) (tied to employer/role) |
Short-term paid work while on tourist/business stay | 9(a) Temporary Visitor | Limited | SWP (Special Work Permit) for short gigs (typically up to 6 months) |
Need to start working while 9(g) is still in process | Transition period | Yes, temporarily | PWP (Provisional Work Permit) from BI, after AEP filing |
Entrepreneur/investor variants | SVEG / SIRV / similar | Often yes, with conditions | Immigration visa + (usually) AEP if you assume an employee/manager role |
Option 1: 13(a) Immigrant by Marriage (spouse route)
What it is. A residence visa for a foreign spouse of a Filipino citizen. Usually probationary in Year 1, then permanent upon conversion (assuming the marriage is subsisting and requirements are met). You’ll hold an ACR I-Card as proof of alien registration.
Work rights. A 13(a) is not itself a work permit. To be employed, you normally must secure an Alien Employment Permit (AEP) from DOLE. The advantage: your right to stay is not tied to any employer, so you can switch jobs without changing your visa—just update or reapply for AEP as needed.
Good for. Spouses who plan to live long-term in the Philippines and want flexibility across employers or to take time off without jeopardizing visa status.
Option 2: 9(g) Non-Immigrant, Pre-Arranged Employment (employer-sponsored)
What it is. A work visa sponsored by a Philippine employer for a defined position. It’s employer- and role-specific and typically issued for the employment term.
Sequence is critical. In practice:
- Employer gets you an AEP (or at least files it).
- BI issues 9(g) once AEP is in place and immigration checks clear.
- You must amend the 9(g) if you change employer/position.
Good for. Spouses who don’t yet have 13(a) (e.g., still on tourist/temporary status), or whose employer prefers the standard 9(g) route.
Option 3: Short-term work while not yet on a work visa
SWP (Special Work Permit). BI document that lets a foreign national on a temporary visitor class (e.g., 9(a) tourist) perform short projects for limited durations (commonly issued in 3-month blocks, extendable, with an overall short cap). Typical for consultancies, short assignments, artists/athletes, technicians called in briefly. Not a substitute for long-term employment.
PWP (Provisional Work Permit). BI stop-gap that allows you to start working while your 9(g) is being processed (after the AEP application has been lodged). Expires when the 9(g) is adjudicated.
Good for. Bridging gaps; do not use SWP/PWP to cover ongoing, indefinite jobs.
The DOLE AEP (Alien Employment Permit): the linchpin
Who needs it. As a rule of thumb, any foreign national who will be employed in the Philippines needs an AEP, regardless of visa label (13(a), 9(g), etc.), unless an exemption squarely applies.
Purpose. Confirms no Filipino is readily available for the role and that the job/skills justify hiring a foreign national.
Basic flow (employer-driven):
- File with the DOLE Regional Office where the workplace is located (job title, description, salary, duration, employer’s documents, your passport/ACR, contract, TIN if any).
- Publication/Posting: DOLE posts the position for a set period to invite objections.
- Evaluation and issuance: AEP is granted for up to the contract term (often 1–2 years), renewable.
Events that force a fresh AEP or amendment. Change of employer, position, work location (across regions), or material job scope. Separation from employment requires cancellation; keep proof for your records and immigration compliance.
Sanctions if you skip AEP. Fines, disqualification, and possible deportation for the foreign national; fines/penalties for the employer; denial of subsequent applications.
Common AEP exemptions (handle with care)
AEP exemptions are narrow and frequently misunderstood. Examples often include:
- Diplomatic/consular officials;
- Officers or staff of international organizations with privileges and immunities;
- Certain intra-corporate transferees and regional headquarters/regional operating headquarters categories as defined in specific rules;
- Members of a board of directors who do not take part in day-to-day management (pure governance role only).
If you will manage, supervise, or be on payroll, assume you need an AEP unless your specific category is expressly exempt in current DOLE rules. When in doubt, apply.
Entrepreneurship & “working in the family business”
Being married to a Filipino does not make you a Filipino for ownership caps. You’re still subject to foreign equity limitations and the Anti-Dummy Law.
- Sole proprietorship: A foreign national cannot register a sole proprietorship in their own name (except in tightly limited scenarios).
- Corporation/partnership: You can own shares subject to the Foreign Investment Negative List (some sectors require 60% Filipino ownership, some allow 100% foreign).
- Role matters: If you’ll serve as an officer/employee (CEO, manager, etc.), you generally need an AEP even if you’re a shareholder. If you’re a non-executive director only (no management), you may fall under an exemption.
- Investor-type visas (e.g., special resident investor/employment-generation categories) can support stay and sometimes work in your own company, but you typically still need an AEP when you occupy an employee/managerial role.
Compliance that spouses often miss
- ACR I-Card & Annual Report. Most foreign residents with valid visas must appear annually (usually within the first two months of the year) for BI Annual Report and maintain a valid ACR I-Card.
- TIN and tax registration. If you work, you need a BIR TIN and withholding must be set up by the employer. Tax residency and rates depend on days of presence and visa class, but if you’re gainfully employed in the Philippines, expect to file and pay here.
- NBI clearance. Often required for AEP issuance/renewal and employer onboarding if you have stayed 6+ months or are renewing.
- Changes in status. Marriage breakdown, change of address, or change of employer/role must be reflected in your BI/DOLE records (visa amendments; AEP cancellation/reapplication).
- Multiple worksites/secondment. If you’ll be assigned to a different region or to a related affiliate, check whether you need a new AEP or notice to DOLE.
Choosing your path (decision aid)
- Plan to settle in the Philippines with flexibility across employers? → Get 13(a) through your Filipino spouse, then obtain/renew AEP for each job.
- Employer wants to sponsor and you need to start quickly? → AEP → PWP → 9(g) sequence, with salary and role locked to that employer.
- Short-term paid project while visiting? → SWP (short duration, strictly temporary).
- Running a business you co-own with your spouse? → Structure ownership within foreign equity limits; if you take an active, paid role, secure an AEP (and the appropriate visa basis for your stay).
Typical document sets (have these ready)
For 13(a) (spouse route): Marriage certificate (PSA), spouse’s proof of citizenship, proof of cohabitation/relationship subsisting, police/NBI clearances as required, financial capacity, valid passport, photos, forms/fees.
For AEP (employment): Employer registration docs, mayor’s permit, SEC/DTI papers, your passport/ACR (or passport + BI receipt if new), employment contract with job description and term, TIN (or application proof), NBI clearance if applicable, publication fee/receipts.
For 9(g): Issued/ongoing AEP, BI forms, company letter of undertaking, your personal clearances, medical exam if required, visa stickers/ACR processing.
For SWP/PWP: Valid underlying stay (e.g., 9(a) or pending 9(g)), employer letter, contract/engagement details, proof of AEP filing (for PWP), BI forms/fees.
Pitfalls & how to avoid them
- Working on a 13(a) without an AEP. Very common—and sanctionable.
- Wrong sequence for 9(g). AEP should be in place (or at least filed and receipted) before BI finalizes 9(g).
- “Board member” exemption abused. If you’re actually managing day-to-day, you’re not exempt.
- Using SWP for an ongoing job. SWP is for short, finite gigs—don’t try to string SWPs indefinitely.
- Changing job title/location without telling DOLE/BI. Triggers non-compliance; amend or reapply.
- Ownership caps & anti-dummy risks. Get the equity structure right; don’t lend your name or act as a front.
Rights & obligations as an employee
Foreign employees are covered by Philippine labor standards: minimum wage, work hours/overtime, social security (SSS), PhilHealth, Pag-IBIG, service incentive leaves, 13th-month pay, lawful termination standards, and due-process requirements.
FAQ (quick hits)
Do I need 9(g) if I already have 13(a)? No. Your 13(a) is your right to stay. For employment, secure an AEP; you don’t need a 9(g).
Can I freelance or be paid by foreign clients while living here on 13(a)? If you perform work while physically in the Philippines, you still trigger work authorization and tax considerations. When in doubt, treat it as local work for permit and tax purposes.
Can I volunteer? Unpaid “volunteering” that is functionally work can still require authorization (and can be used to evade labor laws). Use caution and consult before assuming it’s exempt.
What if I separate from the employer? Employer should cancel your AEP and (if 9(g)) notify BI. If you hold 13(a), your residence continues, but you must stop working until a new AEP is granted for your next job.
Clean compliance timeline examples
Path A (Spouse first, then job):
- Secure 13(a) (probationary → permanent).
- Receive job offer; employer files AEP → AEP issued.
- Start work; keep AEP and 13(a) current; do BI Annual Report yearly.
- If you switch employers/roles, reapply or amend AEP.
Path B (Employer first):
- Enter on 9(a) (or be in lawful status).
- Employer files AEP → you apply for PWP to begin work → BI issues 9(g).
- If you later marry and shift to 13(a), your right to stay detaches from the employer; for work, maintain an AEP tied to your current role.
Bottom line
- As a foreign spouse, your gold standard is 13(a) for residence + AEP for employment.
- If your employer prefers, 9(g) + AEP is the classic sponsor-tied route.
- For short assignments, SWP (or PWP while 9(g) is pending) bridges the gap.
- Always mind ownership caps, anti-dummy rules, and AEP triggers when working in your spouse’s or your own company.
- Keep your immigration (BI) and labor (DOLE) layers in sync to avoid fines or removal.
If you share your exact situation (current visa, employer status, job type/location, whether you’ll be an officer/employee or just a director), I can map the precise permit stack and draft a step-by-step filing checklist you can use with HR or your counsel.