Recent developments

The Bureau of Immigration has recently issued Operations Order No. JHM-2019-002 to provide "Supplemental Guidelines for Special Work Permit and Provisional Work Permit" (Supplemental Guidelines).

The Supplemental Guidelines may be accessed here

What the Supplemental Guidelines say

In addition to the current requirements for an SWP application (new and renewal), the employer/petitioner must submit a  certification under oath stating that: (a) the employee is applying for either an SWP for the first time, or for an SWP extension, (b) the applicant will work only for the position applied for; and (c) the applicant will work only for the petitioner.

This additional requirement does not apply to PWP applications.

The Supplemental Guidelines now expressly prohibit the issuance of SWP/PWP to positions involving manual (non-technical) labor such as construction workers, cashiers, waiters, janitors, household help, carpenters, garbage collectors, security guards, and warehouse caretakers.

The Supplemental Guidelines also expressly state that an SWP/PWP application involving positions/professions classified as a regulated profession by the Professional Regulation Commission (PRC), cannot be granted unless accompanied by a Special Temporary Permit (STP) issued by the PRC which authorizes the foreign national to practice the regulated profession.

Each applicant will be assigned a serial number to facilitate the monitoring of the SWP/PWP. The Order granting the SWP/PWP must be presented when applying for an extension of a Temporary Visitor's Visa.

 Actions to consider / Conclusion

  1. A company applying for SWP/PWP for foreign employees would have to provide the additional requirements stated in the Supplemental Guidelines.
  2. A company should secure an STP for foreign nationals who will hold positions / practice professions regulated by the PRC, to support an SWP/PWP application.  
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