Verifying Overseas Employment Visa Status with Recruitment Agencies in the Philippines

Verifying Overseas Employment Visa Status with Recruitment Agencies in the Philippines

Executive summary

For Filipinos seeking work abroad, the work visa or entry permit is the final gate to lawful deployment. Philippine law puts licensed recruitment and manning agencies at the center of compliance and verification—but a visa is issued by a foreign government, so no private party in the Philippines can “guarantee” it. This article explains the legal framework, the exact role of agencies and the Department of Migrant Workers (DMW), what documents exist at each stage, how to verify them, what fees are lawful, and what remedies you have if something goes wrong.


Key terms and distinctions

  • Work authorization vs. visa. Many countries issue (1) a work authorization (e.g., employer permit, labor market approval, certificate of eligibility) and separately (2) a visa/entry clearance placed in a passport or issued electronically. An agency may process both, but only the destination country grants them.
  • Licensed recruitment agency (land-based) vs. manning agency (seafarers). Both are regulated, but rules differ.
  • Accreditation & job order. A foreign principal/employer must be accredited with the DMW and the specific positions must appear in an approved job order before lawful recruitment and deployment may proceed.
  • OEC/e-OEC. The Overseas Employment Certificate is the DMW-issued exit clearance for OFWs; you cannot legally depart for overseas work without it.
  • MWO verification. The Philippine Migrant Workers Office (formerly POLO) in the destination country verifies employment documents and standard terms, which is separate from the foreign state’s visa issuance.

Legal framework (Philippine context)

  • Republic Act No. 8042 (Migrant Workers and Overseas Filipinos Act of 1995), as amended by RA 10022 and later amendments, lays down recruitment standards, worker protections, and penalties for illegal recruitment.
  • Republic Act No. 11641 created the Department of Migrant Workers (DMW) and consolidated licensing, regulation, and deployment functions (previously with POEA), while field verification functions operate through MWOs.
  • RA 10801 (OWWA Act) governs welfare and pre-departure orientation with the Overseas Workers Welfare Administration.
  • Labor Code provisions on recruitment and placement remain applicable, including rules on illegal recruitment (especially if done by a non-licensee or in large scale).
  • Data Privacy Act (RA 10173) governs handling of personal data (passports, visas, medical results).
  • Anti-Trafficking laws (RA 9208, as amended) criminalize recruitment through coercion, deception, or abuse of vulnerability.

Practical takeaway: Only licensed Philippine agencies may lawfully recruit, and they must deploy only to accredited principals with verified contracts and valid job orders. Visa issuance remains the prerogative of the host state.


Who does what (responsibilities)

  • DMW (Philippines): Licensing agencies; approving job orders; issuing OEC; disciplining agencies; providing legal assistance through assistance-to-nationals channels in coordination with DFA/OWWA; approving direct-hire exemptions.
  • MWO (abroad): Verifies employment contracts; checks employer legitimacy; may authenticate or endorse documents used for visa processing; monitors labor conditions.
  • Recruitment/Manning agency (Philippines): Screens applicants; ensures the principal is accredited and job orders exist; guides visa/permit processing; schedules medicals via accredited clinics; orients worker (PEOS/PDOS); applies for OEC; keeps you informed of case status; handles complaints/refunds where applicable.
  • Foreign employer/principal: Secures host-country approvals (e.g., work permits, labor market tests, sponsorship documents), issues employment offer/contract, and cooperates with MWO verification.
  • Embassy/Immigration of destination country: Issues the visa/entry permit. Some countries issue e-visas or grant notices instead of physical stickers.

What can be verified—and how (without needing web portals)

A. Before you apply

  1. Agency license. Ask for the agency’s DMW license number and office address. Request to see the actual license (photocopy or digital copy) and a recent DMW compliance certificate if available.
  2. Job order & accreditation. Request the job order number, employer name, and country. Ask the agency for a printout or screenshot (with date/time) of the accredited principal and approved positions.
  3. Fees disclosure. The agency must give you a written schedule of fees (see “Lawful fees” below) and issue official receipts for any payment.

B. After you’re selected but before visa filing

  1. Verified contract. Ask for the MWO-verified contract or verification stamp/cover sheet showing the principal’s details, salary, and benefits per standard.
  2. Work authorization step. Request evidence that the employer has applied for/obtained the host country’s work authorization (e.g., permit approval letter, employer sponsorship/eligibility document, or labor market approval).
  3. Timelines & dependencies. Get a written timeline and list of prerequisites (medical, police clearance, skills tests). The agency should explain which step is critical path to visa issuance.

C. During visa filing

  1. Visa application proof. Ask for the visa application reference number, date of filing, and acknowledgment from the embassy/visa center (or the e-submission confirmation).
  2. Biometrics/Interview. Keep your appointment slips and tracking numbers.
  3. Communications record. Require weekly written updates (email, SMS, or a messaging channel) on status, with the staff’s name and position.

D. After visa decision

  1. Visa grant notice/visa sticker. You are entitled to a copy of the visa grant or to see the physical visa sticker placed in your passport. Review validity dates, employer or sponsor name (if referenced), and visa class.
  2. OEC/e-OEC issuance. The agency coordinates to generate your OEC only after the contract is verified and the visa is granted (except where a country issues visa on arrival under a work permit).
  3. Pre-departure orientation & final briefing. Attend PDOS and receive your final travel advisory (flight, pick-up point, emergency contacts, MWO details).

“Trust but verify”: documentary trail you should see

  • From the agency:

    • DMW license copy (validity dates visible)
    • Accreditation of principal/employer and approved job order (position, salary range, count of slots)
    • MWO-verified employment contract (or verification page)
    • Disclosure of fees and official receipts
    • Processing updates (stamped/dated)
  • From the employer/host country:

    • Work authorization (permit approval, certificate of eligibility, sponsorship approval, labor market decision, or similar)
    • Visa application acknowledgment and, once decided, visa grant/sticker
  • From Philippine authorities:

    • PDOS completion proof (OWWA)
    • OEC/e-OEC (DMW)
    • Medical clearance from accredited clinic (where required)

Keep clear copies of every page, with dates visible. Photograph any stickers or barcodes in case the passport is misplaced.


Lawful fees, refunds, and receipts

  • Placement fee (land-based): Generally up to one month’s basic salary, unless prohibited by Philippine policy or the host country. Household service workers and certain categories are “no placement fee.”
  • Always require an official receipt indicating the nature of the fee (placement, medical, training, visa fee, document attestation, language test, etc.).
  • Refunds: If deployment fails due to reasons attributable to the agency/principal (e.g., fake job order, lapsed accreditation, negligence causing visa refusal), you may demand refunds and damages under the Migrant Workers Act and civil law. Agencies also face administrative sanctions.

Red flag: Any request for “processing deposits” without receipts, or asking you to surrender your passport “for safekeeping” unrelated to an imminent, documented appointment.


The agency’s legal duties related to visa status

  • Recruit only for accredited principals with approved job orders.
  • Provide full, accurate information about the employer, worksite, and the status of work authorization and visa filing.
  • Assist in preparing, submitting, and tracking the visa application and promptly inform you of updates or deficiencies.
  • Ensure you receive MWO-verified contracts that meet or exceed minimum standards (wage, hours, leave, accommodation/transport where applicable, repatriation).
  • Facilitate PDOS/OWWA membership, OEC, and lawful remittances.
  • Maintain data privacy safeguards for your personal information.

Failure to perform these duties can result in administrative penalties (suspension, fines, license cancellation) and potential criminal liability if acts constitute illegal recruitment or trafficking.


How to read a visa or grant notice (common elements)

While formats differ, check for:

  • Your full name and passport number (exact match)
  • Visa class/category aligned with work (not a tourist/student)
  • Employer or sponsor (if shown)
  • Validity period (entry window) and duration of stay or work authorization
  • Number of entries (single/multiple) and conditions (e.g., must enter within X days of grant)
  • Reference numbers (keep for future checks)

If any element is inconsistent with your contract or job order, ask the agency—in writing—to clarify and correct before departure.


Direct-hire notes (without an agency)

Philippine law generally restricts direct hiring, subject to exemptions (e.g., international organizations, diplomatic corps, certain professional/specialized roles). Even when exempt, your contract typically must be verified by the MWO, and you must secure an OEC before departure. Many of the verification steps above still apply (work authorization, visa grant, PDOS/OEC).


Seafarers: special considerations

  • Process goes through a licensed manning agency and an approved principal/shipowner.
  • Instead of a land-based job order, seafarers use seafarer employment contracts approved under maritime rules; some flag states issue seafarer visas or transit/crew visas.
  • Manning agencies track flag-state requirements, medical (PEME), training/certification (STCW), and OEC (still required for deployment).

Data privacy and consent

  • Agencies must collect only necessary data (passport, civil status docs, medicals) and protect them under RA 10173.
  • Written consent should specify the purpose (visa processing, credential verification, travel booking).
  • You may request: a data inventory, who data were shared with (employer, embassy, clinics), and retention periods.

Disputes and remedies

  1. Agency level (fastest):

    • Send a written demand requesting (a) current visa status, (b) timeline, (c) copies of filings/acknowledgments, and (d) refund (if applicable). Provide a deadline (e.g., 5–10 business days).
  2. Administrative complaint (DMW):

    • File for illegal recruitment, overcharging, misrepresentation, or contract substitution. Seek suspension of deploying the employer if systemic.
  3. Criminal/civil actions:

    • Where facts suggest illegal recruitment or trafficking, criminal complaints may be filed. Civil actions may claim refunds, actual damages, and moral/exemplary damages.
  4. Assistance abroad (MWO/DFA):

    • If already overseas and issues arise (invalid visa, different employer/jobsite), contact the MWO and the Philippine embassy/consulate immediately.

Evidence to preserve: IDs of agency officers, license copy, all receipts, contracts, acknowledgments, email/SMS threads, screenshots of job order/portal entries, and flight/visa documents.


Red flags suggesting visa/offer problems

  • Agency cannot show a valid DMW license, principal accreditation, or job order.
  • You are asked to pay placement fees where the category is no-placement-fee.
  • Refusal to issue official receipts.
  • The “visa” shown is a tourist status, not a work category.
  • Contract substitution: you signed one contract in the Philippines, but the version shown for embassy/MWO differs unfavorably.
  • Withholding passports without a scheduled, documented appointment.
  • Vague statements like “visa is guaranteed,” “no need for OEC,” or “fly now, fix papers later.”

Practical checklists

Applicant’s verification checklist

  • Confirm agency license (inspect copy with validity dates).
  • Obtain the job order number and employer details.
  • Get the MWO-verified contract (or verification page).
  • See the host-country work authorization document or filing proof.
  • Record visa application reference and submission date.
  • Receive official receipts for all payments.
  • Attend PDOS, secure OEC, and keep copies of all documents.
  • Keep weekly written updates from the agency until visa issuance.

Agency internal control checklist (what you may demand they follow)

  • Deploy only against approved job orders.
  • Maintain status logs: work permit filed → biometrics → visa decision.
  • Report negative decisions promptly and process refunds if at fault.
  • Issue privacy notices and obtain informed consent for data sharing.
  • Provide 24/7 emergency contact during deployment window.

Frequently asked questions

Is a visa guaranteed once the job order is approved? No. A job order allows lawful recruitment; only the destination government grants visas.

Can I travel on a tourist visa and “convert” it abroad? This is risky and often unlawful under both Philippine rules and host-country laws. You generally need the proper work status before departure and an OEC.

Who pays for the visa fee? It depends on the destination and industry. The agency must disclose who pays, and no hidden charges are allowed.

If the visa is refused, do I get my money back? If refusal is due to agency/principal fault (e.g., fake or lapsed documents), you can demand refunds and seek damages. If refusal is based on your own disqualification (e.g., material misrepresentation), refunds may be limited to unused, refundable items.


Model one-page letter you can use

Subject: Request for Current Visa/Work Permit Status and Documentary Proof Dear [Agency Contact], I am an applicant for the position of [Position] with [Employer/Country] under Job Order [Number]. Please provide within five (5) business days:

  1. Evidence of the employer’s accreditation and the approved job order;
  2. The MWO-verified contract;
  3. Evidence of work authorization filing/approval;
  4. My visa application reference number, date of filing, and any biometrics/interview schedules;
  5. Expected next steps and projected timeline; and
  6. A complete accounting of all fees received with official receipts. Thank you. Sincerely, [Your Name], [Contact Number]

Final notes

  • Treat verification as a sequence: accreditation & job order → MWO contract verification → host-country work authorization → visa issuance → OEC/PDOS → deployment.
  • Never hand over your passport without a specific, documented purpose and date.
  • Keep everything in writing. If something feels wrong, stop, document, and seek help promptly.

This article provides general information on Philippine law and practice regarding overseas employment verification with recruitment agencies. For situation-specific advice, consult a lawyer or directly coordinate with DMW/MWO and OWWA offices.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.