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Immigration

COVID-19 Client Advisory

AS OF 17 MARCH 2020

As of 17 March 2020

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COVID-19 Client Advisory

on Immigration Matters

1. I have a valid permit issued by relevant authorities. Will the suspension of

government operations have any effect on the validity period of my permit? The suspension of certain government operations should have no significant effect on the period of validity of subsisting permits. Resolution No. 11 of the Inter-Agency Taskforce For the Management of Emerging Infectious Disease (Resolution) states that while government work in the executive branch is suspended until 12 April 2020, skeletal workforces may be formed by the respective government agencies. This includes the Bureau of Immigration (BI), Department of Labor and Employment, and the Philippine Economic Zone Authority (Regulators). On 16 March 2020, the Office of the President has issued guidelines on the imposition of an Enhanced Community Quarantine and the Stringent Social Distancing Measures over the entire Luzon (Enhanced Community Quarantine Guidelines) effective 12:00am, 17 March 2020 and expiring on 12:00am of 13 April 2020. The Enhanced Community Quarantine Guidelines imposed work-from-home arrangement in the Executive branch which should include the above Regulators. We thus anticipate that offices providing services visa and permits processing may not be open during the period of Enhanced Community Quarantine. We will continue to monitor the effect of the Resolution and the Enhanced Community Quarantine Guidelines on the operations of the BI and on the filing obligations, timelines and permit validity periods and update this advice as may be necessary.

2. What are the steps to take and scenarios to consider in case I intend to travel out

of the Philippines after 15 March 2020? With the issuance of the Enhanced Community Quarantine Guidelines effective 12:00am, 17 March 2020 and expiring on 12:00am of 13 April 2020, additional restrictions imposed on land, air and sea travel. Passengers intending to depart from the Philippines from any international airports in Luzon shall be allowed to travel for a period of seventy-two (72) hours from effectivity of the Enhanced Community Quarantine.

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International passengers intending to enter the Philippines, in transit upon effectivity of the Enhanced Community Quarantine, shall be allowed entry, subject to applicable quarantine procedures if coming from countries with existing travel restrictions.

All inbound Filipino citizens including their foreign spouses and children, if any, holders of Permanent Resident Visa, and holders of 9G Diplomat Visas issued by the Philippine Government shall be allowed entry, subject to quarantine procedures if coming from the countries with existing travel restrictions.

In line with the imposition of the Enhanced Community Quarantine Guidelines, the Department of Transportation has issued an Advisory on 16 March 2020 containing the following guidelines, among others:1

(a) Foreigners shall be allowed to depart from the Philippines within 72 hours

upon effectivity of the Enhanced Community Quarantine.

(b) Airport operation shall be limited to outgoing flights carrying foreigners and tourists. Filipinos are not allowed to go outside the country.

(c) Inbound flights will only be for repatriating Filipinos.

3. In case my permit or visa is expiring within the period 15 March -14 April 2020, what do I have to do? We will coordinate with you and continue to prepare and file the applications for permits and visas which will expire within 15 March-14 April 2020 as long as the Regulators’ offices are open. However, note that these applications will require documents from the sponsoring companies and the assignees (e.g. corporate documents, passports, and certifications). Also, some applications will require personal appearance of the assignees with the Regulators. At any rate, if the assignees or these documents will not be available, we will seek for a reconsideration from the Regulators citing fortuitous event due to the prevailing conditions. Please also note that that while these applications may be processed and filed before the Regulators, processing will likely be delayed.

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4. I have recently arrived in the Philippines from a country with high incidence of COVID-19 cases. Is there any requirement I should observe? Based on issuance by the BI on 13 March 2020, foreign nationals who come from China, Macau, Hongkong and North Gyeongsang Province, Daegu and Cheongdo in South Kore are restricted from entering the Philippines. All passengers entering the Philippines with travels to Iran and Italy within the last 14 days are required to present a medical certificate stating that they are COVID-19 free, issued within the last forty-eight (48) hours:

(a) China, Macau, Hong Kong

All foreign nationals with travels to China, Macau and Hong Kong within the last fourteen (14) days are restricted from entering the Philippines. Filipinos and their spouses or children, foreigners with Philippine permanent resident visas and members of the diplomatic corps are exempted from this restriction.

(b) South Korea

All foreign nationals coming from North Gyeongsang Province, Daegu and Cheongdo within the last fourteen (14) days are restricted from entering the Philippines. Exemptions are Filipinos and their spouses or children, foreigners with Philippine permanent resident visas and members of the diplomatic corps.

(c) Iran and Italy

All passengers entering the Philippines with travels to Iran and Italy within the last 14 days are required to present a medical certificate stating that they are COVID-19 free, issued within the last forty-eight (48) hours. Exempted from this requirement are Filipinos and their spouse or children, foreigners with Philippine permanent resident visas, and members of the diplomatic corps.

Disclaimer and Limitations — This advisory is intended to provide general guidance to clients of PJS Law only, based on laws and issuances as of the date stated above. Please confirm with our lawyers for possible updates or contact pjs@pjslaw.com if you have clarifications or other concerns.