Three Chinese citizens who were arrested at a Chinese-owned business establishment in Virac had violated the conditions of their stay in the Philippines and also worked without permission from the government.
This was disclosed by the authorities following the Bureau of Immigration’s implementation of twin Mission Orders for violation of the Philippine Immigration Act of 1940 last Oct. 7, 2025 in barangay Cavinitan which resulted in the apprehension of Xiaoqi Ding, 44, male, Yuzhi Wang, 62, male, and Lizha Chen, 47, female.
A three-person BI team led by Gary Baltazar, together with elements of the Naval Intelligence Security Group (NISG) Southern Luzon, 902nd Brigade of the Philippine Army, National Intelligence Coordinating Agency (NICA) 5, and the Virac Municipal Police Station, caught the three foreigners “in flagrante delicto at their workstations” at the establishment beside the national highway.
The report said the trio violated the limitations and conditions of stay under Section 37(a)(7) of the Act, as amended, for engaging in gainful employment without the appropriate visa or permit and while under bail, and for working in a company other than the visa petitioner.
Ding and Wang failed to present a Special Resident Retiree’s Visa (SRRV), which allows a foreign citizen to reside during his lifetime in the Philippines. The report did not indicate details of the case for which the duo had posted bail.
On the other hand, Chen showed an SRRC valid until August 2027 but she did not have an Alien Employment Permit (AEP) issued by the Department of Labor and Employment (DOLE) that would have allowed her to work in the country.
They were advised of the rights in a language that they could fully understand and in a manner that they could fully comprehend.
At around 1 PM that same day, the BI team and their captives were assisted by the Virac MPS personnel in going to San Andres port where they boarded the ferry for their overland trip to Metro Manila.
According to data submitted by the BI to the House of Representatives last year, the country granted about 78,000 special visas.
About 30,000 SRRVs were given to Chinese nationals, some of whom did not even qualify under the rules.
Issued by the immigration bureau upon endorsement of the Philippine Retirement Authority (PRA), the special visa, which also granted multiple entry privileges, requires the foreign national to remit a certain amount of deposit in any PRA-accredited bank in the Philippines.
Any foreigner, who is at least 50 years of age, is eligible to apply for an SRRV provided they meet at least one of the SRRV programs’ requirements and the applicant may be joined by his dependents, who can be his/her spouse and/or his unmarried children under 21 years old with the number depending on the amount of the required deposit.
Under the rules, the deposit may be converted into an active investment of at least US$50,000, with the investment either of the following: purchase, acquisition, and ownership of a condominium unit; long-term lease of house and lot, condominium or townhouse for a period not shorter than twenty (20) years; or purchase, acquisition, and ownership of golf or country club shares.
On the other hand, the Philippine government regulates the employment of foreign workers through the issuance of the Alien Employment Permit after strict compliance with the requirements of the law.
Under Department of Labor and Employment (DOLE) Department Order No. 248, series of 2025, employment of foreign workers must pass the refined Labor Market Test (LMT) and introduced new requirements such as the Economics Needs Test (ENT) and the Understudy Training Program (UTP)/Skills Development Program (SDP).
The LMT is the determination that there is no Filipino national who is competent, able, and willing to perform the services for which the foreign national is desired.
The ENT is conducted by the DOLE regional office to determine whether hiring a foreign national is necessary to fill a gap, shortage, or need in the Philippine labor market.
To implement the State’s policy of developing the competencies of Filipino workers and ensure the effective transfer of skills, knowledge, and technology from foreign workers to Filipino workers, certain categories of employers are required to submit an Understudy Training Program (“UTP”) or a Skills Development Program (“SDP”) as part of the AEP application.
The UTP and STP requirement applies to covered employers, namely, those granted fiscal incentives by the Philippine government, those engaged in priority or strategic areas of investments, and those operating a public utility pursuant to the Public Service Act.
The new AEP Rules provide that a foreign national may only be issued one AEP which is valid exclusively for the position for which it is issued.