Employment of Foreign Manpower (Work Passes) Regulations

Employment of Foreign Manpower Act

(Chapter 91A, Section 29)

Rg 2

G.N. No. S 339/2007

REVISED EDITION 2009

(15th December 2009)

[1st July 2007]

Citation

1. These Regulations may be cited as the Employment of Foreign Manpower (Work Passes) Regulations.

Definition

1A. In these Regulations, unless the context otherwise requires, “dependant”, in relation to a foreign employee, means any member of the foreign employee’s family, including his spouse, parent, parent-in-law, child, adopted child and any relative living with or dependent on him.

Work passes

2.—(1) The following categories of work passes may be issued by the Controller:

(a)	work permit ;
(b)	S pass;
(c)	employment pass ;
(d)	personalised employment pass;
(e)	EntrePass;
(f)	training work permit;
(g)	training employment pass;
(h)	work holiday pass;
(i)	miscellaneous work pass; and
(j)	letter of consent.

(2) A work pass may be —

(a)	in the form of a card;
(b)	an endorsement made in the passport or other travel document of the work pass holder; or
(c)	in such other form as the Controller may determine.

General conditions of work passes

3.—(1) Every work pass issued to a foreign employee shall be subject to the condition that —

(a)	he shall, during the validity of the work pass, only engage in the trade, occupation or type of employment specified in the work pass; and
(b)	he shall obtain the prior consent of the Controller before engaging in any trade, occupation or type of employment or a vocation, profession or any activity not specified in his work pass.

(2) Every work pass issued to a self-employed foreigner shall be subject to the condition that —

(a)	he shall, during the validity of the work pass, only engage in the trade, vocation, profession or activity specified in his work pass; and
(b)	he shall obtain the prior consent of the Controller before engaging in any trade, occupation or type of employment or a vocation, profession or any activity not specified in his work pass.

(3) Without prejudice to paragraphs (1) and (2) and any other condition specifically provided for in these Regulations, the Controller may grant a work pass subject to such other conditions as the Controller thinks fit.

(4) Where any pass issued to a foreigner by the Controller of Immigration under the Immigration Act (Cap. 133) expires and is not renewed or is cancelled, and the foreigner is the holder of a work pass, the work pass issued to the foreigner shall by the operation of this regulation also cease to be valid.

Work permit

4.—(1) Every application for a work permit to be issued to a foreign employee shall —

(a)	be made by the employer of the foreign employee, or on behalf of that employer by a person authorised by the employer;
(b)	be made in such form as the Controller may determine; and
(c)	be supported by such other documents as the Controller may require.

(2) A work permit issued to a foreign employee may be cancelled on an application to the Controller made —

(a)	by the employer of the foreign employee, or on behalf of that employer by a person authorised by the employer; and
(b)	in such form and manner as the Controller may determine.

(3) Every work permit issued to a foreign employee shall be subject to the conditions set out in the First Schedule, being conditions to be complied with by his employer.

S pass

5.—(1) Every application for an S pass to be issued to a foreign employee shall —

(a)	be made by the employer of the foreign employee, or on behalf of that employer by a person authorised by the employer;
(b)	be made in such form as the Controller may determine; and
(c)	be supported by such other documents as the Controller may require.

(2) An S pass issued to a foreign employee may be cancelled on an application to the Controller made —

(a)	by the employer of the foreign employee, or on behalf of that employer by a person authorised by the employer; and
(b)	in such form and manner as the Controller may determine.

(3) Every S pass issued to a foreign employee shall be subject to —

(a)	the condition set out in Part I of the Second Schedule, being a condition to be complied with by him; and
(b)	the conditions set out in Part II of the Second Schedule, being conditions to be complied with by his employer.

Employment pass

6.—(1) Every application for an employment pass to be issued to a foreign employee shall —

(a)	be made by the employer of the foreign employee, or on behalf of that employer by a person authorised by the employer;
(b)	be made in such form as the Controller may determine;
(c)	be accompanied by an undertaking described in paragraph (2) from the employer or a sponsor of the foreign employee; and
(d)	be supported by such other documents as the Controller may require.

(2) The undertaking referred to in paragraph (1)(c) shall be —

(a)

an undertaking by the employer of the foreign employee in question that the employer —

(i)	will ensure that the standard of living (including accommodation) of the foreign employee and the foreign employee’s dependants (if any), while the foreign employee is in his employ and holding an employment pass, is consistent with the reasonable standard of living in Singapore;
(ii)	will ensure that the foreign employee complies with any quarantine and medical surveillance imposed on the foreign employee under any written law;
(iii)	will not employ the foreign employee in breach of the Act or any other written law;
(iv)	will pay the costs of the repatriation or departure from Singapore of the foreign employee and all dependants of the foreign employee (if any); and
(v)	will reimburse the Government all reasonable costs it incurs in locating, detaining and removing from Singapore the foreign employee and the foreign employee’s dependants (if any); or

(b)

an undertaking by the sponsor of the foreign employee in question that the sponsor —

(i)	will ensure that the standard of living (including accommodation) of the foreign employee and the foreign employee’s dependants (if any), while the foreign employee sponsored holds an employment pass, is consistent with the reasonable standard of living in Singapore;
(ii)	will ensure that the foreign employee sponsored complies with any quarantine and medical surveillance imposed on the foreign employee under any written law;
(iii)	will pay the costs of the repatriation or departure from Singapore of the foreign employee sponsored and all dependants of the foreign employee (if any); and
(iv)	will reimburse the Government all reasonable costs it incurs in locating, detaining and removing from Singapore the foreign employee sponsored and the foreign employee’s dependants (if any).

(3) An employment pass issued to a foreign employee may be cancelled on an application to the Controller made —

(a)	by the employer of the foreign employee, or on behalf of that employer by a person authorised by the employer; and
(b)	in such form and manner as the Controller may determine.

(4) Every employment pass issued to a foreign employee shall be subject to the condition set out in the Third Schedule, being a condition to be complied with by him.

EntrePass

7.—(1) The Controller may issue an EntrePass to a foreigner if he is satisfied that the foreigner plans to set up, or operate a business in Singapore, whether in the form of —

(a)	a body corporate incorporated under the Companies Act (Cap. 50);
(b)	a sole proprietorship or a firm registered under the Business Registration Act (Cap. 32); or
(c)	a limited liability partnership registered under the Limited Liability Partnerships Act (Cap. 163A),

or otherwise.

(2) Every application for an EntrePass shall be submitted by the foreigner and shall —

(a)

be made in such form as the Controller may determine;

(b)

be accompanied by —

(i)	an undertaking described in paragraph (3)(a) from the foreigner; or
(ii)	an undertaking described in paragraph (3)(b) from his sponsor which must be a body corporate incorporated under the Companies Act; and

(c)

be supported by such other documents as the Controller may require.

(3) The undertaking referred to in paragraph (2)(b) shall be —

(a)

an undertaking by the foreigner in question that —

(i)	he will ensure that the standard of living (including accommodation) of himself and his dependants (if any), while the foreigner holds an EntrePass, is consistent with the reasonable standard of living in Singapore;
(ii)	he will comply with any quarantine and medical surveillance imposed on him under any written law;
(iii)	he will pay the costs of the repatriation or departure from Singapore of himself and all his dependants (if any); and
(iv)	he will reimburse the Government all reasonable costs it incurs in locating, detaining and removing from Singapore the foreigner and his dependants (if any); or

(b)

an undertaking by the sponsor of the foreigner in question that the sponsor —

(i)	will ensure that the standard of living (including accommodation) of the foreigner and the foreigner’s dependants (if any), while the foreigner sponsored holds an EntrePass, is consistent with the reasonable standard of living in Singapore;
(ii)	will ensure that the foreigner sponsored complies with any quarantine and medical surveillance imposed on him under any written law;
(iii)	will pay the costs of the repatriation or departure from Singapore of the foreigner sponsored and all dependants of the foreigner (if any); and
(iv)	will reimburse the Government all reasonable costs it incurs in locating, detaining and removing from Singapore the foreigner sponsored and the foreigner’s dependants (if any).

(4) Without prejudice to the generality of regulation 3, an EntrePass shall be subject to the condition that the holder thereof shall —

(a)	notify the Controller, in such form and manner as the Controller may determine, of any change in the nature of the activity of the business specified in his EntrePass during the validity of his EntrePass within 7 days after that change; and
(b)	apply to the Controller to cancel the EntrePass within 7 days of the cessation of the business in respect of which the EntrePass was issued.

(5) An EntrePass issued to a foreigner may be cancelled on an application to the Controller made by the holder thereof (or his personal representative) and in such form and manner as the Controller may determine.

Personalised employment pass

8.—(1) Every application for a personalised employment pass shall be submitted by the foreign employee and shall —

(a)

be made in such form as the Controller may determine;

(b)

be supported by an undertaking from the foreign employee that he, while a holder of a personalised employment pass —

(i)	will ensure that the standard of living (including accommodation) of himself and his dependants (if any) is consistent with the reasonable standard of living in Singapore;
(ii)	will pay the costs of his repatriation or departure from Singapore, and reimburse the Government all reasonable costs it incurs in locating, detaining and removing from Singapore the foreign employee and his dependants (if any); and
(iii)	will comply with any quarantine and medical surveillance imposed on him under any written law; and

(c)

be supported by such other documents as the Controller may require.

(2) Without prejudice to the generality of regulation 3, the Controller may issue a personalised employment pass to a foreign employee, subject to the condition that during the validity of the personalised employment pass, the personalised employment pass holder shall notify the Controller, in such form and manner as the Controller may determine, of —

(a)	any change of his employer, or in his employment status, in Singapore within 7 days after the change;
(b)	any change in his contact details, including his residential and work place addresses, within 7 days after the change;
(c)	any change of the person (specified by the holder) who may be contacted by the Controller for any purpose in relation to his personalised employment pass (referred to in this regulation as the contact person) within 7 days after the change;
(d)	any change in the contact details, including residential address, of the contact person within 7 days after he becomes aware of the change; and
(e)	his annual salary at the end of each calendar year within 30 days after the end of the calendar year.

(3) Every personalised employment pass issued to a foreign employee and which is applicable to the employer of the holder of the personalised employment pass shall be subject to the additional condition that the employer shall notify the Controller, in such form as the Controller may determine, the commencement of the holder’s employment within 7 days of that fact.

(4) A personalised employment pass issued to a foreign employee may be cancelled on an application to the Controller made by the holder thereof (or his personal representative) and in such form and manner as the Controller may determine.

Training work permit

9.—(1) The Controller may issue a training work permit to a foreigner who is receiving or is about to receive training in connection with the occupation, trade or business of his employer.

(2) Every application for a training work permit to be issued to a foreigner shall —

(a)	be made by the employer of the foreigner, or on behalf of that employer by a person authorised by the employer;
(b)	be made in such form as the Controller may determine; and
(c)	be supported by such other documents as the Controller may require.

(3) A training work permit issued to a foreigner may be cancelled on an application to the Controller made —

(a)	by the employer of the foreigner, or on behalf of that employer by a person authorised by the employer; and
(b)	in such form and manner as the Controller may determine.

Training employment pass

10.—(1) The Controller may issue a training employment pass to a foreigner who is receiving or is about to receive training in connection with the occupation, trade or business of his employer.

(2) Every application for a training employment pass for a foreigner shall be submitted by the employer of the foreigner, or any person authorised by the employer, and shall —

(a)	be made in such form as the Controller may determine;
(b)	be supported by an undertaking described in paragraph (3) from the employer or a sponsor of the foreigner; and
(c)	be supported by such other documents as the Controller may require.

(3) The undertaking referred to in paragraph (2)(b) shall be —

(a)

an undertaking by the employer of the foreigner in question that the employer —

(i)	will ensure that the standard of living (including accommodation) of the foreigner and the foreigner’s dependants (if any), while the foreigner is in his employ and holding a training employment pass, is consistent with the reasonable standard of living in Singapore;
(ii)	will ensure that the foreigner complies with any quarantine and medical surveillance imposed on the foreigner under any written law;
(iii)	will not employ the foreigner in breach of the Act or any other written law;
(iv)	will pay the costs of the repatriation or departure from Singapore of the foreigner and all dependants of the foreigner (if any); and
(v)	will reimburse the Government all reasonable costs it incurs in locating, detaining and removing from Singapore the foreigner and the foreigner’s dependants (if any); or

(b)

an undertaking by the sponsor of the foreigner in question that the sponsor —

(i)	will ensure that the standard of living (including accommodation) of the foreigner and the foreigner’s dependants (if any), while the foreigner sponsored holds a training employment pass, is consistent with the reasonable standard of living in Singapore;
(ii)	will ensure that the foreigner sponsored complies with any quarantine and medical surveillance imposed on the foreigner under any written law;
(iii)	will pay the costs of the repatriation or departure from Singapore of the foreigner and all dependants of the foreigner (if any); and
(iv)	will reimburse the Government all reasonable costs it incurs in locating, detaining and removing from Singapore the foreigner and the foreigner’s dependants (if any).

(4) A training employment pass issued to a foreigner may be cancelled on an application to the Controller made —

(a)	by the employer of the foreigner, or on behalf of that employer by a person authorised by the employer; and
(b)	in such form and manner as the Controller may determine.

Work holiday pass

10A.—(1) Every application for a work holiday pass shall be submitted by the foreigner and shall —

(a)

be made in such form as the Controller may determine;

(b)

be supported by an undertaking from the foreigner that he, while a holder of a work holiday pass —

(i)	will have sufficient funds to ensure that the standard of living (including accommodation) of himself is consistent with the reasonable standard of living in Singapore;
(ii)	will pay the costs of his repatriation or departure from Singapore, and reimburse the Government all reasonable costs it incurs in locating, detaining and removing from Singapore the foreigner; and
(iii)	will comply with any quarantine and medical surveillance imposed on him under any written law; and

(c)

be supported by such other documents as the Controller may require.

(2) A work holiday pass issued to a foreigner may be cancelled on an application to the Controller made by the holder thereof (or his personal representative) and in such form and manner as the Controller may determine.

Miscellaneous work pass

10B.—(1) Every application for a miscellaneous work pass to be issued to a foreigner shall be —

(a)

made by his sponsor which must be —

(i)	a body corporate incorporated under the Companies Act (Cap. 50);
(ii)	a religious group in Singapore; or
(iii)	a school registered under the Education Act (Cap. 87);

(b)

made in such form as the Controller may determine;

(c)

accompanied by an undertaking described in paragraph (2) from the sponsor of the foreigner; and

(d)

supported by such other documents as the Controller may require.

(2) The undertaking referred to in paragraph (1)(c) shall be an undertaking by the sponsor of the foreigner in question that the sponsor —

(a)	will ensure that the standard of living (including accommodation) of the foreigner, while the foreigner sponsored holds a miscellaneous work pass, is consistent with the reasonable standard of living in Singapore;
(b)	will ensure that the foreigner complies with any quarantine and medical surveillance imposed on the foreigner under any written law;
(c)	will pay the costs of the repatriation or departure from Singapore of the foreigner; and
(d)	will reimburse the Government all reasonable costs it incurs in locating, detaining and removing from Singapore the foreigner.

(3) A miscellaneous work pass issued to a foreigner may be cancelled on an application to the Controller made by the sponsor of the foreigner and in such form and manner as the Controller may determine.

(4) In this regulation, “religious group” includes —

(a)	any company or other body corporate incorporated under the Companies Act (Cap. 50) or any other written law for the purpose of promoting any religion, religious worship or dealing with religious affairs or practising, conducting, teaching or propagating any religious belief; and
(b)	any body of persons, whether or not registered as a society under the Societies Act (Cap. 311), whose object is the promotion of any religion, religious worship or the practice, conduct, teaching or propagating of any religious belief.

Letter of consent

11.—(1) The Controller may issue a letter of consent to the holder of any pass issued by the Controller of Immigration under the Immigration Regulations (Cap. 133, Rg 1) (referred to in this regulation as an immigration pass) to allow him to engage in any form of paid employment, or in any business, profession or occupation in Singapore for a duration corresponding to the validity of his immigration pass.

(2) Without prejudice to the generality of regulation 3, every letter of consent issued to a foreigner shall be subject to the condition that the foreigner shall, within 7 days after —

(a)	the termination or completion (without renewal) of the employment which is the subject of the letter of consent; or
(b)	the cancellation or expiry without renewal of the foreigner’s immigration pass,

inform the Controller of such termination or completion of employment, or such cancellation or expiry of the immigration pass, as the case may be.

Taking of security

12.—(1) The Controller may require such security as the Controller thinks necessary to be furnished —

(a)	by or on behalf of a work pass holder, for the purpose of ensuring the holder’s compliance with the Act and with any condition of his work pass or any other requirement imposed on the work pass holder under the Act; or
(b)	by or on behalf of an employer or a sponsor of the work pass holder in respect of all or any of the undertakings given by that employer or sponsor, as the case may be.

(2) The security shall be given in such manner and form as the Controller may determine and may be by bond, guarantee, cash deposit or any other method, or by any 2 or more different methods.

(3) Where a security bond is furnished under this regulation, the work pass holder or his employer or sponsor, as the case may be, shall comply with the conditions specified in the security bond.

Forfeiture of security

13.—(1) If the Controller is satisfied that the holder of any work pass or his employer or sponsor, as the case may be, has failed to comply with any condition specified in respect of any security bond furnished under regulation 12, he may direct the forfeiture of the security or any part thereof.

(2) The forfeiture of any security under this regulation shall be without prejudice to the taking of proceedings against any person for any offence under the Act or these Regulations.

(3) Notice of the forfeiture of any security or any part thereof shall be given to the holder of the work pass and his employer or sponsor, as the case may be.

(4) It shall be sufficient if the notice under paragraph (3) is sent by registered post to the last known address of the holder of the work pass and his employer or sponsor, as the case may be.

Fees

14.—(1) There shall be payable to the Controller in respect of the matters set out in the first column of the Fourth Schedule the respective fee specified in the second column thereof.

(2) The fees shall be payable in such manner as the Controller may specify or require.

Refund

15.—(1) Subject to paragraph (2), it shall be lawful for the Controller, if it is proved to his satisfaction that any money has been overpaid or erroneously paid as a fee, to order the refund of the money so overpaid or erroneously paid.

(2) No such refund shall be allowed unless a claim in respect thereof is made by or on behalf of the payer in question in writing within 3 months after the overpayment or erroneous payment was made.

Waiver of fees

16. The Controller may, in his discretion, waive wholly or in part the payment of any of the fees specified in the Fourth Schedule.

Personal identifier may be taken

17.—(1) The Controller, an employment inspector or any person duly authorised by the Controller may take the personal identifier of —

(a)	any person who applies for or has been issued with a work pass; or
(b)	any person suspected or has been convicted of an offence under the Act.

(2) The Controller may —

(a)

upon the request in writing of —

(i)	the Commissioner of Police or a police officer authorised in writing by the Commissioner; or
(ii)	a head of department of any law enforcement agency or an officer of such agency authorised in writing by the head of department; and

(b)

for such purpose, as stated in the request, which the Controller thinks appropriate,

authorise the dissemination of any record of the personal identifiers obtained under paragraph (1) to the person making the request.

Transitional provisions

18.—(1) Any —

(a)	employment pass or personalised employment pass issued before 1st July 2007 under the Immigration Regulations (Cap. 133, Rg 1); or
(b)	consent in writing of the Controller given before 1st July 2007 under regulation 11(9), 12(7), 14(1A)(c), 16(4) or 39(3) of the Immigration Regulations (Cap. 133, Rg 1) before its amendment by the Immigration (Amendment No. 3) Regulations 2007 (G.N. No. S 347/2007),

and which is in force immediately before 1st July 2007 shall —

(i)	be deemed to be an employment pass, a personalised employment pass or a letter of consent, respectively, issued under these Regulations;
(ii)	be subject to the same conditions specified in the employment pass, personalised employment pass or consent in writing; and
(iii)	expire on the date it would have expired if the Immigration (Amendment No. 3) Regulations 2007 had not been enacted.

(2) Where an application for an employment pass, a personalised employment pass or consent in writing referred to in paragraph (1) has been made to the Controller of Immigration under the Immigration Regulations before 1st July 2007, and no employment pass, personalised employment pass or consent in writing has been issued in respect of such application, the application shall be dealt with by the Controller of Work Passes as if it were an application for an employment pass, a personalised employment pass or a letter of consent, as the case may be, under these Regulations.

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