Balikbayan privilege and remote work

[Vermyndax 33]

Does anyone have experience with the Balikbayan privilege (entering the country as a spouse of a Filipino citizen) and work authorization? I'm looking to do remote work for a few weeks, but my company says I will need remote work authorization.

[Carpe Vinum 2,310]

Can I work on a Balikbayan visa?

If you are holding a Balikbayan visa in the Philippines, you are NOT ALLOWED to take any form of work. You need to apply for a 13a Non-Quota Special Working Permit (SWP) (applicable if you are married to a Filipino citizen) if you wish to take any local employment.

The Balikbayan visa program is definitely a great perk to help the OFW and returning Filipino dual citizens and their family. 

 

https://everythingzany.com/balikbayan-visa-foreign-spouse-filipino-dual-citizen/#can-i-work-on-a-balikbayan-visa

1 hour ago, Vermyndax said:

Does anyone have experience with the Balikbayan privilege (entering the country as a spouse of a Filipino citizen) and work authorization? I'm looking to do remote work for a few weeks, but my company says I will need remote work authorization.

It might be best to just take a few weeks off from work)))

[Vermyndax 33]

Well, the gotcha here is that I was hoping to work remotely for my US company from Philippines during the trip… not work for a local business. 

[Commish10 427]

1 hour ago, Vermyndax said:

Well, the gotcha here is that I was hoping to work remotely for my US company from Philippines during the trip… not work for a local business. 

You probably only need a permit for local work. 

[Carpe Vinum 2,310]

2 hours ago, Vermyndax said:

Well, the gotcha here is that I was hoping to work remotely for my US company from Philippines during the trip… not work for a local business. 

I understand that. But, it seems your US based work is requiring some work authorization from the Philippines to do your US work in the Philippines. That's not going to happen, I fear. It probably would have been fine to pack up the laptop and work a couple of weeks while on vacation. But the snag is the requirement is seeming to come from your employing company.

[RO_AH 1,620]

9 hours ago, Vermyndax said:

Does anyone have experience with the Balikbayan privilege (entering the country as a spouse of a Filipino citizen) and work authorization? I'm looking to do remote work for a few weeks, but my company says I will need remote work authorization.

That seems extremely odd that your employer would require that. I have always done some work while in the Philippines. Some visits more than others.

[Kby175 115]

That does seem odd your company is asking you to get a work permit while on a trip, normally if you want to work in the Philippines as an expat most do it on a 13a visa or SRRV. 

[flicks1998 1,044]

On 5/10/2022 at 11:54 AM, Vermyndax said:

Does anyone have experience with the Balikbayan privilege (entering the country as a spouse of a Filipino citizen) and work authorization? I'm looking to do remote work for a few weeks, but my company says I will need remote work authorization.

Having worked with Philippine immigration in the past, I can tell you that you are fine if you are doing remote work for a few weeks as long as you are continued to be paid from the US, plus you will not be the signatory to any documents while working in the Philippines.  It would technically be considered a business trip.  

 

For people who are considering to do long remote work periods in the Philippines, (for example 6 months, 1 year, etc) Immigration was in the process of creating a system for this but Covid came and everything was put on hold.  I was back in the Philippines during Covid for 3 months and did remote work for a US based company without any issues.  However your US based company is worried that you will establish "permanent establishment" (PE), which technically could create tax liabilities for them.  For a few weeks of working remotely, this will not happen.

 

I previously worked in the Philippines on a 9g, but those type of visas are for people who are living in the Philippines for years.  You will be fine, both from an immigration and personal tax perspective, plus your company will be fine from a corporate tax perspective. 

Edited May 16, 2022 by flicks1998

[Palawan 130]

On 5/16/2022 at 10:17 AM, flicks1998 said:

Having worked with Philippine immigration in the past, I can tell you that you are fine if you are doing remote work for a few weeks as long as you are continued to be paid from the US, plus you will not be the signatory to any documents while working in the Philippines.  It would technically be considered a business trip.  

 

For people who are considering to do long remote work periods in the Philippines, (for example 6 months, 1 year, etc) Immigration was in the process of creating a system for this but Covid came and everything was put on hold.  I was back in the Philippines during Covid for 3 months and did remote work for a US based company without any issues.  However your US based company is worried that you will establish "permanent establishment" (PE), which technically could create tax liabilities for them.  For a few weeks of working remotely, this will not happen.

 

I previously worked in the Philippines on a 9g, but those type of visas are for people who are living in the Philippines for years.  You will be fine, both from an immigration and personal tax perspective, plus your company will be fine from a corporate tax perspective. 

What about a 13A Visa:

 

I have been told that as a US Citizen you are not allowed to do alot of jobs, one in particular is like construction work or be a General Contractor.

[flicks1998 1,044]

20 hours ago, Palawan said:

What about a 13A Visa:

 

I have been told that as a US Citizen you are not allowed to do alot of jobs, one in particular is like construction work or be a General Contractor.

13A you can work on, but if you can get a work visa it is better.  The Philippines, as with alot of countries, has protected industries from foreign workers.  Id have to look up all of the positions that are protected but they do include Engineers, scientists, health professionals, etc etc etc.  Occasionally you will find foreigners working for foreigner companies within the "protected industries" but their titles will have been changed from "Engineer" to "Management Consultant" but you need to be very careful of the responsibilities in the job description.  There are certain things that a person is off-limits to which can make performing the job difficult. 

 

13A is given to the spouse of a Filipino and within that visa you can work (but not in the protected possessions.)  I dont recommend this though as Employers can hire you with the same benefits as a Filipino.  With the work visas (which are harder to obtain but if you qualify) there are minimum requirements such as salary, benefits, etc that PI immigration requires for a foreigner.  I have seen foreigners doing the same type of position while working on a 13A and the other working on a 9g, 47a2, etc and the salary can be 10X, 20X more for the foreigner on a work permit.  However if a foreigner wont qualify for one of these work permits, they have no choice but to work on the 13A, but typically are grossly underpaid. 

 

 

Edited May 22, 2022 by flicks1998