13A Marital Visa.

[Tukaram (Tim)]

51 minutes ago, Jack Peterson said:

Many Arguments, Spats, call them what you want  start because those that do not actually live here try and tell those that do how it is because it says so on a Website

I always get a kick out of that.  There are so many trying to tell us "how it is"... that have never been here ha ha.  I try and do my own research on the particular website (BI, SS etc), then I ask on chat groups for personal experiences.  Then you still have to see what really happens in the particular office you go to. Welcome to the Philippines

[Dave Hounddriver]

5 hours ago, Clermont said:

, how the bloody hell do you keep up with all the questions concerning topics and legalities in the PI's

Its actually quite simple.  I ask a lot of questions.

A lot of friends tell me "how it is". I like to trust but verify so when I have friends tell me "how it is" I start with that premise and use google to see whether I can back up what I have been told or disprove it.  When google agrees with what friends are telling me and my personal experiences back it up then we have a winner (well most of the time anyway.)

Edit:  Lets take an actual example.  (That's code for storytime LOL)   A few years ago I was sitting at a friend's bar and he told me that I might want to switch from a tourist visa to a work visa.  It was an interesting scenario.  A month later I was in Cebu renewing my Visa and saw a pretty filipina with a stack of passports she was renewing.  I approached her to ask questions and one of the questions was "Will you have dinner with me".  At dinner she told me how she worked at a school to teach Koreans to speak English and every one of them was an "employee" so they were all here on work visas which turned out to be incredibly cheap.  She was the one to handle all the paperwork.  (I probably still have her email around somewhere if you need a "facilitator".)  I asked a whole bunch of questions about foreigners being employed in the Philippines and between what this lady and my friend had told me I started to formulate beliefs about how that works.  A few Google searches confirmed certain things and now I know more about work visas than the average guy who either does not ask the questions, does not remember the answers, or does not research for veracity.  The end 

Edited November 21, 2017 by Dave Hounddriver

[Jollygoodfellow]

21 hours ago, Dave Hounddriver said:

The response seems to suggest it is easier if you are just doing business as an individual rather than using a trade name.  Registering a business name brings its own set of problems as in this link

Sure but as a foreigner he can not register as a sole trader or any business unless it's a corporation with 60 % Filipino owned. . His wife can register a business in her name.

[Dave Hounddriver]

2 hours ago, Jollygoodfellow said:

Sure but as a foreigner he can not register as a sole trader or any business unless it's a corporation with 60 % Filipino owned

I have heard that, and I know that it is true for some businesses.

I am not convinced that is a blanket statement for ALL foreigner owned business.  So since you are claiming it is so for ANY business then I only need to find one instance where it is untrue to prove the statement false.  I believe I could do that but it would be going way off topic and doing all Insite's research for him. 

I shall therefore limit my response to quoting an excerpt from the Chan Robles law site:

Quote

As a general rule, foreigners may put up single proprietorship business in the Philippines in industries where the constitution and the laws do not impose any restriction or limitation on ownership equity.

http://www.chanrobles.com/legal5cc1e.htm#.WhRAwkqWa00

 

[Jollygoodfellow]

47 minutes ago, Dave Hounddriver said:

I am not convinced that is a blanket statement for ALL foreigner owned business.  So since you are claiming it is so for ANY business then I only need to find one instance where it is untrue to prove the statement false.  I believe I could do that but it would be going way off topic and doing all Insite's research for him. 

I shall therefore limit my response to quoting an excerpt from the Chan Robles law site:

Either way the OP question is about starting a business on a 13a although it was asked if he could work on a 13a but then moved on from there.

Anyway I think we are talking about small business in this topic . Link opens a PDF download. This is the Tenth Regular Foreign Investment Negative List dated 2015. The text below may not be current so if you really want to know download the PDF. 

http://www.sec.gov.ph/wp-content/uploads/2015/08/EONo.-184-The-Tenth-Regular-Foreign-Investment-Negative-List.pdf

FOREIGN OWNERSHIP IS LIMITED BY MANDATE OF THE CONSTITUTION AND SPECIFIC LAWS

NO FOREIGN EQUITY

1. PRACTICE of PROFESSIONS *1
   1. Engineering
      • Aeronautical
      • Agricultural
      • Chemical
      • Civil
      • Electrical
      • Electronics and Communication
      • Geodetic
      • Mechanical
      • Metallurgical
      • Mining
      • Naval Architecture and Marine
      • Sanitary
   2. Medicine and Allied Professions
      • Medicine
      • Medical Technology
      • Dentistry
      • Midwifery
      • Nursing
      • Nutrition and Dietetics
      • Optometry
      • Pharmacy
      • Physical and Occupational Therapy
      • Radiology and X-Ray Technology
      • Veterinary Medicine
   3. Accountancy
   4. Architecture
   5. Criminology
   6. Chemistry
   7. Customs Brokerage
   8. Environmental Planning
   9. Forestry
   10. Geology
   11. Interior Design
   12. Landscape Architecture
   13. Law
   14. Librarianship
   15. Marine Deck Officers
   16. Marine Engine Officers
   17. Master Plumbing
   18. Sugar Technology
   19. Social Work
   20. Teaching
   21. Agriculture
   22. Fisheries
2. MASS MEDIA except recording (Art. XVI, Sec. 11 of the Constitution; Presidential Memo of 04 May 1994)
3. RETAIL TRADE ENTERPRISES with paid-up capital of not less than US$ 2,500,000 (Sec. 5/R.A. 8762) *2
4. COOPERATIVES Ch. III, Art. 26 of R.A. 6938)
5. PRIVATE SECURITY AGENCIES (Sec. 4 of R.A. 5487)
6. SMALL SCALE MINING (Sec. 3 of R.A. 7076)
7. UTILISATION of MARINE RESOURCES in archipelagic waters, territorial sea, and exclusive economic zone (Art. XII, Sec. 2 of the Constitution)
8. OWNERSHIP, OPERATION and MANAGEMENT of COCKPITS (Sec. 5 of P.D. 449)
9. MANUFACTURE, REPAIR, STOCKPILING and/or DISTRIBUTION of NUCLEAR WEAPONS (Art. II Sec. 8 of the Constitution) *3
10. MANUFACTURE, REPAIR, STOCKPILING and/or DISTRIBUTION of BIOLOGICAL, CHEMICAL and RADIOLOGICAL WEAPONS (Various treaties to which the Philippines is a signatory and conventions supported by the Philippines) *3
11. MANUFACTURE of FIRECRACKERS and other PYROTECHNIC DEVICES (Sec. 5 of R.A. 7183)
    UP TO TWENTY PERCENT (20%) FOREIGN EQUITY
12. PRIVATE RADIO COMMUNICATION NETWORK (R.A. 3846)
    UP TO TWENTY-FIVE PERCENT (25%) FOREIGN EQUITY
13. PRIVATE RECRUITMENT , whether for local or overseas employment (Art. 27 of P.D. 442)
14. CONTRACTS for the CONSTRUCTION and REPAIR of LOCALLY-FUNDED PUBLIC WORKS (Sec. 1 of CA 541, LOI 630) except:
    • infrastructure/development projects covered in R.A. 7718; and
    • projects which are foreign funded or assisted and required to undergo international competitive bidding(Sec. 2(a) of R.A. 7718)
15. CONTRACTS for CONSTRUCTION of DEFENCE RELATED STRUCTURE (Sec. 1 of CA 541)
    UP TO THIRTY PERCENT (30%) FOREIGN EQUITY
16. ADEVERTISING (Art. XVI, Sec. 11 of the Constitution)
    UP TO FORTY PERCENT (40%) FOREIGN EQUITY
17. EXPLORATION, DEVELOPMENT and UTILISATION of NATURAL RESOURCES (Art. XII, Sec. 2 of the Constitution) *4
18. OWNERSHIP of PRIVATE LANDS (Art. XII, Sec. 7 of the Constitution; Ch. 5, Sec. 22 of CA 141)
19. OPERATION and MANAGEMENT of PUBLIC UTILITIES (Art. XII, Sec. 11 of the Constitution; Sec. 16 of CA 146)
20. OWNERSHIP/ESTABLISHMENT and ADMINISTRATION of EDUCATIONAL INSTITUTIONS (Art. XIV, Sec. 4 of the Constitution)
21. CULTURE, PRODUCTION, MILLING, PROCESSING, TRADING, (excepting retailing), of RICE and CORN and ACQUIRING by BARTER or otherwise, RICE and CORN and the BY-PRODUCTS THEREOF (Sec. 5 of PD 194; Sec. 15 of R.A. 5762) *5
22. CONTRACTS for the SUPPLY of MATERIALS, GOODS and COMMODITIES to GOVERNMENT-OWNED or CONTROLLED CORPORATION, COMPANY,AGENCY or MUNICIPAL CORPORATION (Sec. 1 of R.A. 5183)
23. PROJECT PROPONENT and FACILITY OPERATOR of a BOT PROJECT requiring a PUBLIC FACILITIES FRANCHISE (Art. XII, Sec. 11 of the Constitution; Sec. 2a of R.A. 7718)
24. OPERATION of DEEP SEA COMMERCIAL FISHING VESSELS (Sec. 27 of R.A. 8550)
25. ADJUSTMENT COMPANIES (Sec. 323 of P.D. 612 as amended by P.D. 1814)
26. OWNERSHIP of CONDOMINIUM UNITS where the common areas in the condominium projects are co-owned by the owners of the separate units or owned by a corporation (Sec. 5 pf R.A. 4726)
    UP TO SIXTY PERCENT (60%) FOREIGN EQUITY
27. FINANCING COMPANIES regulated by the Securities and Exchange Commission (Sec. 6 of R.A. 5980 as amended by R.A. 8556) 6
28. INVESTMENT HOUSES regulated by the SEC (Sec. 5 of P.D. 129 as amended by R.A. 8366) *6

*1 This is limited to Filipino citizens save in cases prescribed by law

*2 Full foreign participation is allowed for retail trade enterprises: (a) with paid-up capital of US$2,500,000 or more provided that investments for establishing a store is not less than US$830,000; or (b) specializing in high end or luxury products, provided that the paid-up capital per store is not less than US$250,000 (Sec. 5 of R.A. 9762)

*3 Domestic investments are also prohibited (Art II, Sec. 8 of the Constitution; Conventions/Treaties to which the Philippines is a signatory)

*4 Full foreign participation is allowed through financial or technical assistance agreement with the President Art. XII, Sec. 2 of the Constitution)

*5 Full foreign participation is allowed provided that within the 30-year period from start of operation, the foreign investor shall divest a minimum of 60 percent of their equity to Filipino citizens (Sec. 5 of P.D. 194; NFA Council Resolution No. 193 s. 1998)

*6 No foreign national may be allowed to own stock in financing companies or investment houses unless the country of which he is a national accords the same reciprocal rights to Filipinos (Sec. 6 of R.A. 5980 as amended by R.A. 8556; P.D. 129 as amended by R.A. 8366)

 

[Dave Hounddriver]

7 hours ago, Jollygoodfellow said:

The text below may not be current

It has been in the news lately that this was an Aquino list and Duterte wants a list more in favor of foreign investment.  We should probably discuss this after (when and if) Duterte signs and publishes the new list.

http://news.abs-cbn.com/business/11/16/17/new-foreign-investment-negative-list-up-for-duterte-approval-pernia

 

[Jack Peterson]

7 hours ago, Jollygoodfellow said:

PRACTICE of PROFESSIONS *1

1. Engineering

 

 So we can take it then the OP can not be a Consultant engineer? 

[Tukaram (Tim)]

1 hour ago, Jack Peterson said:

 So we can take it then the OP can not be a Consultant engineer? 

Depends, does that mean he cannot be a practicing engineer, or cannot be a consultant?  I was offered a job as an air conditioning consultant (I had to refuse because it was a job ha ha).   I also saw teacher on that list, but I know a couple American college professors here. 

[Jack Peterson]

5 minutes ago, Tukaram (Tim) said:

Depends, does that mean he cannot be a practicing engineer, or cannot be a consultant?  I was offered a job as an air conditioning consultant (I had to refuse because it was a job ha ha).   I also saw teacher on that list, but I know a couple American college professors here. 

 Too complicated for me to work all this out, i think i will stay Retired 

[insite]

Thank you Dave.

Most helpful and much appreciated.