The Philippine government imposes strict measures to regulate the employment of foreign nationals in the country, i.e., to protect the interest of local Filipino workers. Among the stringent criteria, their employment is subject to the determination of non-availability of a Filipino citizen who is competent, able, and willing to perform the services. Thus, only those qualified are issued an Alien Employment Permit (AEP).
Under the mandate and supervision of the Department of Labor and Employment (DOLE), the registration and work permit system ensure that AEP-issued foreign nationals enjoy the same labor protection with local Filipino workers.
When Do AEP Application Denials and Revocations Occur?
On the part of the foreign nationals applying for the work permit, the process can be both daunting and demanding, especially when faced with denials and revocations. Denials occur when the AEP new and renewal applications are rejected based on the grounds set by the DOLE. Revocations, on the other hand, happen if the previously approved and granted AEPs are canceled due to compliance issues, violations, and disqualifications mostly discovered after the permit issuance.
Both AEP denials and revocations can significantly impact the foreign applicants’ employment plans and aspirations, making it crucial to understand the available recourse options. So in this article, we’ll focus on these provisions in the DOLE D.O. 221-2021 or the “Revised Rules for the Issuance of Employment Permits to Foreign Nationals,” and provide the best possible course of action.
Grounds for Denial of AEP Applications (New and Renewals)
Section 11 of the department order provides a list of grounds for the denial of application for new and renewal of AEP. Accordingly, the DOLE-RO, after due process and evaluation or assessment in accordance with Section 14 of the Rules, may issue an Order denying an application for new or renewal of an AEP based on any of the following grounds:
- misrepresentation of facts;
- submission of falsified, tampered, or fraudulent documents;
- submission of a visa not in accordance with applicable rules and regulations;
- meritorious objection filed by a Filipino citizen who is competent, able and willing to do the job intended for or being performed by the foreign national;
- grave misconduct in dealing with or ill treatment of workers; and
- Verified information against the employment of the foreign national.
Grounds for AEP Revocation
Additionally, based on Section 13, the DOLE-RO may, motu propio or upon petition or complaint, issue an Order revoking an AEP after due process and evaluation or assessment in accordance with Section 14 of the Rules based on any of the following grounds:
- any act of misrepresentation for purposes of securing an AEP, including but not limited to fraudulent application of facts, falsification or tampering of documents, and similar circumstances;
- meritorious objection filed by a Filipino citizen who is competent, able, and willing to do the job intended for or being performed by the foreign national;
- foreign national has been convicted or found guilty of criminal offenses, or is a fugitive from justice based on a verified information;
- verified information against the employment of the foreign national;
- verified information on grave misconduct in dealing with or ill treatment of workers filed with the DOLE-RO against the foreign national;
- violation and non-compliance of other pertinent provisions of these rules and regulations, the Labor Code, as amended and other relevant guidelines for issuance of AEP; and
- failure to claim the AEP card within ten (10) working days from date of notification of availability
Legal Remedies After Receiving a Denial or Revocation Notice
In relation to Sections 11 and 13, the DOLE-RO shall notify, within ten (10) days from filing of complaint or petition, the employer and the foreign national on the report of evaluation or assessment on a possible ground for denial or revocation of AEP. The respondent has the following options:
Explanation and Conference Attendance
The concerned parties, the employer and/or the foreign national, shall be directed to submit a verified explanation within ten (10) days from the receipt of the notice, with supporting documents and to attend the scheduled clarificatory conferences before the concerned DOLE-RO, which will issue an order within forty-five (45) days after the submission of the case for decision or resolution.
Motion for Reconsideration (DOLE-RO)
The aggrieved party may only file a Motion for Reconsideration once with the DOLE-RO within ten (10) days from the date of receipt of the order.
Appeal
The foreign national or employer may file an appeal (notice of appeal and an appeal memorandum) to the DOLE-RO after a Motion for Reconsideration with the order issued by the DOLE-RO has been denied. This may be filed within ten (10) days from receipt of a copy of the order. The appeal shall be transmitted to the office of the DOLE Secretary.
Motion for Reconsideration
The DOLE Secretary is expected to render a decision within sixty (60) days from the receipt of transmittal. The decision shall be final and executory unless a Motion for Reconsideration is filed within ten (10) days from the receipt of the copy of the order. After the decision on the motion, no second motion shall be allowed.
Best Course of Action (Specialist’s Perspective)
Based on the new rules, a foreign national whose AEP has been revoked is disqualified to re-apply for a period of ten (10) years, while five (5) years if application has been denied on the grounds identified.
Given the years before the possible reapplication, it is crucial for the foreign applicant to plan and perform carefully the necessary actions once a denial or revocation order is received. Below is the best course of action from our visa and immigration specialists:
1. Understand the Reason for Denial or Revocation.
The DOLE Regional Office is expected to issue an Order of Denial or Revocation, an official agency decision that rejects the AEP application or cancels the issued AEP. Upon receipt of the order, read the content carefully and focus on the identified reasons or grounds. Usually, the order also contains outlined steps that can be taken if you still wish to challenge the decision.
2. Seek Legal Assistance.
As discussed above, there are two (2) major remedies available – Appeal and Motion for Reconsideration. Although these may be conveniently drafted and filed, especially for seemingly lighter grounds, it is still best to consult a legal expert right upon receipt of the order. Take note that different grounds may require different approaches.
Business consulting firms that offer AEP application processing services, like FilePino, Inc., usually have in-house teams of labor and immigration lawyers who can provide legal assistance in troubleshooting AEP-related issues.
3. File an Appeal and Motion for Reconsideration.
While an appeal is a formal request to review and overturn a decision based on legal or procedural errors, often involving a broader examination and potentially a new hearing, a motion for reconsideration is a request to the same or different authority to correct errors or reconsider new evidence, usually focusing on specific issues without a new hearing.
Lawyers can draft these on your behalf, as they possess the experience and expertise to navigate complex legal standards, effectively argue the case in writing, and meet all procedural requirements. Once drafted, signed, and notarized, these must be filed within the prescribed periods with the concerned offices.
4. Wait for Any Response or Decision.
If an appeal has just been filed, then there is still a chance of reverting the unfavorable decision. The motion for reconsideration serves as the last possible remedy. As mentioned, there can be no more second motion. Thus, if the DOLE Secretary stands by the decision, then this is already final and unappealable.
5. Explore Other Possible Options.
While you can no longer re-apply for AEP in any of the DOLE Regional Offices at the time being or for the next five (5) or ten (10) years, there may still be other visa or work permit options available to your circumstances. You might want to consult with visa and immigration specialists to gain understanding of the qualifications, documentary requirements, and application procedures.
… and you might just need our assistance.
Do you need help with your AEP Application Denial or Revocation? Set up a consultation with FilePino today! Call us at (02) 8478-5826 (landline) and 0917 892 2337 (mobile) or send an email to info@filepino.com.