Legal BlogTIN Exemption for SWP Applicants

April 4, 2014
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The Bureau of Immigration issued Memorandum Circular RADJ No. 2013-004 on 13 June 2013 requiring the inclusion of Tax Identification Number (TIN) in the List of Requirements for Employment Visa [Commercial], Treaty Traders Visa, Special Work Permit (SWP) and Special Visa under R.A. No. 8756 application. However, the Bureau noted that certain applicants for SWP are being paid their salaries by their respective home offices outside the country and not from the petitioning companies within the Philippines where they intend to render short-term work/services and requiring them to submit proof of having secured Tax Identification Number is unnecessary considering that they shall not earn any income in the country.

The Bureau, through its rule-making authority under Section 3 Commonwealth Act No. 613 (Philippine Immigration Act of 1940), as amended, may issued from time to time policies and guidelines regarding immigration matters. The Office of the Commissioner through Commissioner Siegfred B. Mison issued Immigration Memorandum Circular No. SBM-2013-001 dated 18 November 2013 ordering and mandating that an applicant for SWP who is entirely paid his salary or any short-term work/service to be rendered with the petitioning company operating the Philippines shall be exempt from the coverage of Memorandum Circular RADJR No. 2013-004. In lieu thereof, the entire salary or any other form of compensation of the SWP applicant shall be paid entirely by his home office outside the country.

Triple I Consulting, Inc. accepts inquiries regarding any visa application and other immigration matters.

Atty. Grace R. Pangilinan
18F Salcedo Towers, 169 H.V. Dela Costa Street
Salcedo Village, Makati City, Philippines

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