Employee Resigns While Their 9G Is Pending: How the Employer Withdraws and Closes It

Confirm the resignation before deciding on the application

Settle the resignation in writing first, including the separation date and last working day, and only then deal with the application. Withdrawing while the employee is still undecided easily turns into a dispute. An employee who says they might leave and is still talking to the company is in a very different position from one who has submitted a resignation letter with a fixed date, and the company's response should reflect that difference.

Once a resignation letter arrives, reply in writing to acknowledge it and confirm the separation date and handover arrangements. Notice requirements follow the contract and current labour rules; if the employee wants to leave early, agree it in writing. This confirmation is the basis for withdrawing the application, closing the permits and settling costs, so make sure the dates in it are accurate and both sides have a copy.

At the same time, find out exactly where the application stands: how long ago it was filed, which stage it has reached, whether the passport is with the Bureau of Immigration, and whether the employee holds a provisional work permit. Withdrawal steps differ by stage, and so does the point at which the passport can be retrieved, so this information shapes everything that follows.

If the employee is merely hesitating and might stay, do not rush to withdraw. Agree a date by which they will confirm their decision. If an application is withdrawn and the employee then changes their mind, a fresh application is usually needed, which costs both sides time and money and can leave the employee in an uncertain position while it is processed.

Withdrawing the application: who files and what is needed

The 9G is filed by the employer as petitioner, so the withdrawal should also be filed by the company under the Bureau of Immigration's procedure. The forms, documents and fees follow the counter's current requirements. Withdrawal is not the same as doing nothing and waiting for the case to lapse on its own.

The company usually prepares a withdrawal request, company authorisation documents, proof of the employee's separation and the original filing receipt. Whether the employee must appear or sign varies between counters, so ask first. For the general withdrawal procedure and where the person's status lands afterwards, see withdrawing a pending visa application and retrieving the passport; it is written from the applicant's side, but the documents are the same.

Pay attention to the employee's status after withdrawal. Their previous visa status may need converting, or they may need to arrange departure, and they need enough time to do that. Tell the employee in advance when the withdrawal will be filed. The company should never withdraw quietly without the employee knowing, because it can leave them unexpectedly without lawful status.

Close the work permit at the same time. Whether the AEP is still pending or already issued, the employer has closing steps, and clearing it together with the 9G keeps the records consistent. For the employer's cancellation duty when an employee leaves, see whether a 9G must be cancelled when an employee leaves.

Keep the withdrawal receipt and any acknowledgment from the counter with the employee's file. If a new employer or the employee later asks when the company's petition ended, that receipt answers the question without argument.

Provisional work permit: it stops when the employee leaves

If the employee has been working on a provisional work permit while waiting for the 9G, that permit is tied to this company and this position. After separation it cannot be used to work for the company or for anyone else.

The company should stop assigning work after the last working day and report the separation or surrender the permit as required; whether and how to report follows current rules. If the employee has found a new job, the new employer must apply for the appropriate permit afresh rather than relying on this one, and the employee should not start work until that is in place.

Tell the employee this in writing, so they do not assume the provisional permit is still usable and start at a new company, which would be working without a permit. For how provisional permits relate to the 9G and what happens in gaps, see when a PWP expires and the 9G is still pending, which also explains why timing matters so much.

Internally, make sure the employee no longer appears on rosters, building access lists or system accounts after leaving. If they are found working on company premises after separation, the company will still have some explaining to do, even if it was not aware of the arrangement at the time.

Give the employee a short written note on their last day stating that the provisional permit was tied to the company and has ended, and keep a signed copy. That note protects both sides if anyone later asks why the employee stopped working when they did, and it reminds the employee to wait for their new employer's permit before starting.

Costs already paid: can they be recovered from the employee?

Whether visa costs can be recovered depends on whether there was a written agreement at hiring and whether that agreement is lawful and enforceable. Without one, the company generally should not claw costs back at separation; take a lawyer's advice on the specifics.

First separate the costs: official fees, agency service fees, medical examination, translation and authentication. Who pays each, and what was agreed at the start? Many companies include a clause requiring partial repayment if the employee leaves within a certain period. Whether such a clause is valid and how much can be recovered depends on its wording and the law, so do not calculate a figure yourself and simply deduct it from pay.

Deductions from final pay need particular care. Philippine rules strictly limit deductions from wages, and deductions without the employee's written consent or a legal basis can lead to a labour complaint. The safer course is to pay everything the employee is owed in full and negotiate any repayment separately in writing if there is a lawful basis for it, keeping the two issues apart.

Whether official fees paid to the Bureau of Immigration can be refunded after withdrawal, and how much, depends on its rules. Do not promise the employee or the company anything about refunds until the counter has confirmed the position in writing. For your specific case, consult a licensed Philippine lawyer; this article is not legal advice.

Whatever the outcome, record any agreement on repayment in a separate signed document that states the amount, the basis and the schedule, rather than mixing it into the final pay computation.

The passport must be returned, never held as leverage

Whether the passport is in the Bureau of Immigration case file or in the company's hands, it must ultimately go back to the employee. The company cannot hold it because costs are unsettled or the handover is incomplete.

If the passport is in the case file, request its release together with the withdrawal. When and how it can be released follows the counter's current requirements. Once released, the employee signs for it personally, or it is handed to someone the employee authorises in writing. If the company has been holding it temporarily for processing, return it at separation against the employee's signature, without conditions attached.

Holding an employee's passport is a high-risk practice in the Philippines and is a separate matter from any cost dispute. Cost disagreements go through negotiation or legal channels; the passport is returned first. An employee who fears the passport will not be returned may complain to the authorities directly, which leaves the company in a much weaker position than if it had simply handed it back.

Record the return clearly: the date, the passport's condition and the employee's signature, with a copy kept on file. If something went wrong during processing, for example an agency disappeared with the passport, a different procedure applies; see a visa agency vanishing with company documents and passports.

If the employee has already left the Philippines or cannot collect the passport in person, agree in writing who may receive it on their behalf and how it will be delivered, and keep proof of delivery. The same care applies to the ACR card and any other original documents the company was holding during processing.

Reducing losses next time, and how YIXING can help

Write the rules for resignation during visa processing before you file the 9G. When something happens, both sides follow the rules instead of negotiating under pressure. A short, clear policy agreed at hiring prevents most of the disputes described above.

The hiring documents can state the notice required if the employee resigns during processing, how the company will withdraw the application, how each cost is borne and any lawful repayment conditions, ideally reviewed by a lawyer, and how the passport will be returned. Have the employee sign to confirm on joining, so there is a clear reference point if the situation arises later.

Before filing, also explain the timeline honestly: how long a 9G typically takes, the employee's status in the meantime, whether they can work and where their passport will be. Many resignations during processing come from frustration with waiting or confusion about the process, and good communication up front prevents a fair share of them. Companies with several foreign staff should add pending cases to the permit register so that the handler is alerted as soon as a resignation arrives; for the full hiring chain, see hiring foreign nationals: AEP and 9G.

YIXING can check the status of the pending case, prepare the withdrawal and permit closing documents, arrange the retrieval and handover of the passport, and, if needed, file a new application for a replacement hire through our Visa & HR service. YIXING is a privately owned consultancy registered with the SEC (CS202009551), accredited by the Bureau of Immigration (BI Accreditation No. CA-202624381-1, valid until 2027-06-30) and by DOLE. We are not affiliated with any government office and we do not promise any approval outcome. Cost recovery and any labour dispute should be handled by a licensed lawyer.