Tracing the widening arc from work permits to world wanderers: Key updates in Philippine immigration law

As work is no longer tethered to place, the law is compelled to keep pace.

- AMICUS CURIAE JEWEL M. CULALA

Philippine immigration law is now evolving to reflect the realities of a borderless and digitized world, recognizing the diverse ways by which individuals move, work, and establish connections across borders. Recent measures highlight this shift, including the institutionalization of the Digital Nomad Visa (DNV), the Department of Labor and Employment’s (DoLE) supplemental rules on Alien Employment Permits (AEP), and the recalibrated rules on the entry of Indian nationals.

DIGITAL NOMAD VISA

The Philippines has joined a growing number of jurisdictions offering visas for remote professionals through Executive Order No. 86. This measure authorizes the Department of Foreign Affairs (DFA) to issue DNVs to non-immigrant foreign nationals who wish to enter and/or stay temporarily in the country for the purpose of performing remote work, by means of digital technologies, for clients or employers situated abroad. The DNV is valid for a period of one year, extendible upon renewal.

To qualify, applicants must satisfy and continuously comply with the following conditions during the validity of their DNVs:

a. Must be at least 18 years of age;

b, Must show proof of remote work using digital technology;

c. Must show proof of sufficient income generated outside the Philippines;

d. Must show proof of no criminal record;

e. Must have health insurance valid for the period of the DNV;

f. Must be a national of a country that offers DNVs to Filipinos and where the Philippines has a Foreign Service Post (FSP); otherwise, the application may be filed in the nearest country where a Philippine FSP is available;

g. Must not pose threat to the internal or external security of the Philippines; and,

h. Must not be employed in the Philippines.