Immigration (Amendment No. 3) Regulations 2008

No. S 393

Immigration Act

(Chapter 133)

Immigration (Amendment No. 3) Regulations 2008

In exercise of the powers conferred by section 55(1) of the Immigration Act, the Minister for Home Affairs hereby makes the following Regulations:

Citation and commencement

1. These Regulations may be cited as the Immigration (Amendment No. 3) Regulations 2008 and shall come into operation on 6th August 2008.

Amendment of regulation 3A

2. Regulation 3A of the Immigration Regulations (Rg 1) is amended —

(a)

by deleting the word “or” at the end of paragraph (3)(b);

(b)

by deleting the full-stop at the end of sub-paragraph (c) of paragraph (3) and substituting the word “; or”, and by inserting immediately thereafter the following sub-paragraph:

“(d)	a document that is issued in an electronic form to the non-citizen by the Controller through the electronic application service referred to in regulation 3(1)(b).”;

(c)

by deleting the word “or” at the end of paragraph (4)(ii); and

(d)

by deleting the full-stop at the end of sub-paragraph (iii) of paragraph (4) and substituting the word “; or”, and by inserting immediately thereafter the following sub-paragraph:

“(iv)

a document is issued in an electronic form to the parent, spouse or relative by the Controller through the electronic application service referred to in regulation 3(1)(b) evidencing the grant of a Singapore visa in respect of the child or person.”.

Deletion and substitution of regulation 3C

3. Regulation 3C of the Immigration Regulations is deleted and the following regulation substituted therefor:

“Amendments to Singapore visa

3C. The Controller may, at any time, make such alterations, additions or deletions as may be necessary to render accurate the particulars recorded in any Singapore visa regarding the identity or status of the holder of that Singapore visa.”.

Amendment of regulation 8

4. Regulation 8 of the Immigration Regulations is amended —

(a)

by inserting, immediately after the words “may be issued” in paragraph (3), the words “in such form and manner as the Controller may determine and shall be”; and

(b)

by inserting, immediately after paragraph (4), the following paragraphs:

“(5) Subject to paragraph (6), every dependant’s pass, visit pass or student’s pass issued by the Controller under these Regulations shall be subject to, and the holder of the pass shall comply with, the following conditions:

(a)

the holder of the pass shall, if so requested by the Controller or any police officer, produce for inspection the pass within such time and at such place as may be specified by the Controller or the police officer;

(b)

the holder of the pass shall notify the Controller, in such form and manner as the Controller may determine, any change in his place of residence within 14 days after the change;

(c)

if the pass is lost, stolen, damaged or destroyed, the holder of the pass shall report, in such form and manner as the Controller may determine, the loss, theft, damage or destruction to the Controller within 7 days after becoming aware of that fact or occurrence;

(d)

the holder who reports the loss or theft of his pass to the Controller under sub-paragraph (c) shall, if he recovers possession of his stolen or lost pass —

(i)	notify the Controller; and
(ii)	if a replacement pass has been issued to the holder under regulation 9, surrender the pass so recovered to the Controller,

within 7 days after the recovery of possession;

(e)

the holder of the pass shall surrender the pass to the Controller immediately after its cancellation or expiry.

(6) Paragraph (5) shall not apply in respect of a pass which is issued in the form of an endorsement on the passport or other travel document of the person to whom the pass is issued.”.

New regulation 9

5. The Immigration Regulations are amended by inserting, immediately after regulation 8, the following regulation:

“Replacement of pass

9.—(1) Subject to paragraph (4), any person whose dependant’s pass, visit pass or student’s pass has been lost, stolen, damaged or destroyed may apply to the Controller for a replacement of the pass.

(2) An application under paragraph (1) shall be made in such form and manner as the Controller may determine and shall be supported by such information or documents as the Controller may require.

(3) The Controller may, if satisfied that the pass has been lost, stolen, damaged or destroyed —

(a)	issue a replacement of the pass in such form and manner; and
(b)	impose such further conditions in respect of the pass,

as the Controller may determine.

(4) This regulation shall not apply in respect of a pass which is issued in the form of an endorsement on the passport or other travel document of the person to whom the pass is issued.”.

Amendment of regulation 11

6. Regulation 11 of the Immigration Regulations is amended —

(a)

by deleting paragraphs (5) and (6) and substituting the following paragraph:

“(5) Subject to these Regulations and any conditions which the Controller may impose, a dependant’s pass shall authorise the holder thereof to remain, or enter and remain, temporarily in Singapore during the period —

(a)	commencing on the date stated in the pass to be the date from which the pass is valid; and
(b)	ending on the date stated in the pass to be the last date on which the pass is valid.”; and

(b)

by deleting paragraph (8).

Amendment of regulation 12

7. Regulation 12 of the Immigration Regulations is amended —

(a)

by deleting paragraphs (2) and (2A) and substituting the following paragraph:

“(2) The Controller may also issue a visit pass to any person (other than a prohibited immigrant) to enable him to remain temporarily in Singapore after the cancellation of any pass that had been issued to him.”;

(b)

by deleting the words “otherwise than prior to a person’s embarkation to an unberthed passenger” in paragraph (3) and substituting the words “to an unberthed passenger otherwise than prior to his embarkation”;

(c)

by deleting the words “application therefor may be made by that person or by a person in Singapore on his behalf” in paragraph (4) and substituting the words “that person may apply for a visit pass himself or through a person in Singapore acting on his behalf”;

(d)

by deleting paragraph (5) and substituting the following paragraphs:

“(5) Every application for a visit pass shall —

(a)	be made in such form as the Controller may require;
(b)	be made in such manner as the Controller may approve, which may include the use of such electronic application service on what is commonly known as the Internet as the Controller may provide for this purpose; and
(c)	if required by the Controller or made under paragraph (4), be accompanied by 2 recent photographs of the applicant.

(5A) In addition to the requirements specified in paragraph (5), the Controller may require an applicant for a visit pass to provide his finger impression and submit to all steps as may reasonably be required for the taking of a finger impression.”;

(e)

by deleting paragraph (6) and substituting the following paragraphs:

“(6) Subject to these Regulations and any conditions which the Controller may impose, a visit pass shall authorise the holder thereof to remain, or enter and remain, temporarily in Singapore during the period —

(a)	commencing on the date stated in the pass to be the date from which the pass is valid; and
(b)	ending on the date stated in the pass, or specified by the Controller under paragraph (6A), to be the last date on which the pass is valid.

(6A) The Controller may —

(a)	extend the validity of any visit pass to such date (being a date not later than 5 years from the date which, but for the extension, would be the last date on which the pass is valid) as the Controller may specify; and
(b)	impose such further conditions for the extension as the Controller may determine.”;

(f)

by deleting paragraph (8) and substituting the following paragraph:

“(8) A visit pass may be —

(a)	in Form 15A, 15B or 32B or such other form as the Controller may determine; and
(b)	issued in such manner as the Controller may determine.”; and

(g)

by deleting the words “in Form 32B” in paragraph (8A).

Amendment of regulation 13

8. Regulation 13 of the Immigration Regulations is amended by deleting paragraph (3).

Amendment of regulation 14

9. Regulation 14 of the Immigration Regulations is amended by deleting paragraphs (3), (4) and (5) and substituting the following paragraphs:

“(3) Subject to these Regulations and any conditions which the Controller may impose, a student’s pass shall authorise the holder thereof to remain, or enter and remain, temporarily in Singapore during the period —

(a)	commencing on the date stated in the pass to be the date from which the pass is valid; and
(b)	ending on the date stated in the pass to be the last date on which the pass is valid.

(4) A student’s pass may be in such form and issued in such manner as the Controller may determine.

(5) The Controller may cancel a student’s pass if —

(a)

the person to whom that pass is issued —

(i)	fails within a reasonable time to enter a recognised university or an educational institution approved for the purpose by the Minister or designated in any certificate issued under paragraph (1)(b), as the case may be; or
(ii)	having entered such university or educational institution fails to remain or ceases to be retained as a student therein; or

(b)

an application is made under paragraph (6) for the pass to be cancelled.

(6) An application for a student’s pass to be cancelled —

(a)

may be made —

(i)	by the holder of the pass or, if authorised by him or he is uncontactable, by his sponsor; or
(ii)	by such other person as the Controller may determine; and

(b)

shall be made in such manner as the Controller may approve, which may include the use of such electronic application service on what is commonly known as the Internet as the Controller may provide for this purpose.

(7) No person shall make a false statement in connection with an application under paragraph (6) for a student’s pass to be cancelled.

(8) A notification that a student’s pass has been cancelled may be in such form and issued in such manner as the Controller may determine.”.

Amendment of regulation 15

10. Regulation 15 of the Immigration Regulations is amended —

(a)	by deleting paragraph (3); and
(b)	by deleting the words “in Form 18” in paragraph (5).

Amendment of regulation 16

11. Regulation 16 of the Immigration Regulations is amended by deleting paragraph (3).

Deletion and substitution of regulation 17

12. Regulation 17 of the Immigration Regulations is deleted and the following regulation substituted therefor:

“Power to cancel pass of holder

17. The Controller shall cancel a pass issued under regulation 11, 12, 13, 14 or 16 if the Controller is satisfied that —

(a)

the holder of the pass is a prohibited immigrant; or

(b)

the presence of the holder of the pass in Singapore —

(i)	is undesirable; or
(ii)	would be prejudicial to public security in Singapore.”.

Amendment of regulation 19

13. Regulation 19(1A) of the Immigration Regulations is amended by inserting, immediately after the words “or 32A”, the words “, or with an embarkation card in such form as the Controller may determine”.

Amendment of regulation 20

14. Regulation 20 of the Immigration Regulations is amended by deleting the words “endorsed upon” in paragraph (b) and substituting the words “made in respect of”.

Amendment of regulation 21

15. Regulation 21(1) of the Immigration Regulations is amended by deleting the words “in respect of or any direction endorsed upon” and substituting the words “or direction made in respect of”.

Amendment of regulation 22

16. Regulation 22(1) of the Immigration Regulations is amended by deleting sub-paragraph (a) and substituting the following sub-paragraph:

“(a)

the holder of any pass or Singapore visa, as the case may be, issued under these Regulations has contravened or failed to comply with —

(i)	any provision of the Act or these Regulations;
(ii)	any condition imposed or direction made in respect of the pass or Singapore visa; or
(iii)	any requirement imposed or determined by the Controller under these Regulations in relation to the pass or the purposes for which the pass was issued; or”.

Amendment of regulation 23

17. Regulation 23 of the Immigration Regulations is amended by deleting the words “endorsed upon” in paragraphs (1) and (3) and substituting in each case the words “made in respect of”.

Amendment of regulation 40

18. Regulation 40 of the Immigration Regulations is amended —

(a)	by inserting “14(7),” immediately after “12(9),” in paragraph (1); and
(b)	by deleting the words “in respect of or any direction endorsed on” in paragraph (2) and substituting the words “or direction made in respect of”.

Amendment of First Schedule

19. The First Schedule to the Immigration Regulations is amended by deleting Forms 13, 15, 17, 17A, 18, 19 and 19A..

[G.N. Nos. S 433/98; S 602/98; S 194/99; S 599/99; S 459/2001; S 184/2002; S 226/2002; S 6/2003; S 201/2003; S 346/2004; S 396/2004; S 31/2005; S 615/2005; S18/2006; S 245/2006; S 412/2006; S 523/2006; S 537/2006; S 728/2006; S 73/2007; S214/2007; S 347/2007; S 582/2007; S 657/2007; S 47/2008; S 138/2008]

Made this 4th day of August 2008.

BENNY LIM

Permanent Secretary,
Ministry of Home Affairs,
Singapore.

[ICA/0075/70(1); AG/LEG/SL/133/2002/1 Vol. 5]

(To be presented to Parliament under section 55(2) of the Immigration Act).

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