Introduction
Singapore’s workforce is supported by a large proportion of foreign talent to meet manpower demands. As more workers relocate to Singapore for job opportunities, there has also been a steady increase in the number of applications for residency passes for family members to join them. This article provides an overview of the residency passes available for the families of individuals holding or applying for Employment Pass (“EP”), S Pass, Overseas Networks & Expertise Pass (“ONE Pass”) and Student’s Pass, as well as family members of Singapore Citizens (“SC”) and Singapore Permanent Residents (“SPR”) who are foreign nationals. Distinctions should be made between the different types of passes such as the Dependant’s Pass (“DP”) and Long-Term Visit Pass (“LTVP”) administered by the Ministry of Manpower (“MOM”) for families of EP, S Pass and ONE Pass holders on one hand, and LTVPs administered by the Immigration & Checkpoints Authority (“ICA”) for the families of Student’s Pass holders, SCs and SPRs on the other hand. Family members who are able to apply for DPs, MOM-issued LTVPs or ICA-issued LTVPs may join the main pass holder, SC or SPR to live and work (if eligible) in Singapore if the requirements are met.
Employment Pass and S Pass
Foreign professionals, managers and executives with a job offer in Singapore would need to meet the EP qualifying salary and pass the Complementarity Assessment Framework (“COMPASS”), unless exempted with a minimum fixed monthly salary of S$22,500, to qualify for an EP. For the S Pass, salary requirements are lower and there is no COMPASS assessment, but employers have to adhere to the foreign worker quota limit to hire an employee under the S Pass as well as incur a monthly levy.
Eligible family members: The legally married spouse and unmarried children under 21 (including those who have been legally adopted) of EP and S Pass holders are eligible to apply for a DP, provided the main pass holder is earning a monthly salary of at least S$6,000. For common-law spouses1 and unmarried stepchildren or unmarried handicapped children under 21 of an EP holder, a LTVP can be applied for instead. Parents of EP holders are also eligible to apply for LTVPs provided the EP holder earns a monthly salary of at least S$12,000.
Working in Singapore: DP and LTVP holders cannot work in Singapore. They would need to obtain a job offer first and then apply for a work permit (such as EP or S Pass) on their own merits and thereafter, their DP or LTVP would be cancelled once the work permit is issued. However, DP holders who are business owners can apply for a Letter of Consent (“LOC”) to operate a business in Singapore. Only candidates who are either (i) a sole proprietor, (ii) a partner, or (iii) a company director with at least 30% ownership, in an ACRA-registered business are eligible to apply for the business owner-LOC.
Application process: Applicants need not be in Singapore when applying for the DP and/or LTVP with the MOM. Applications for DPs and/or LTVPs can be submitted at the same time as the EP application, or at a later stage after the EP has received MOM approval. MOM would usually have an outcome within 3 weeks for DP/LTVP applications and around 4 weeks for LOC applications, but may take longer depending on any additional verification that may be required. The family member(s) should only enter Singapore when the DP or LTVP is approved, as MOM would not extend any temporary visitor’s pass pending the approval of the DP or LTVP. Upon approval, the applicant receives an in-principle approval (“IPA”) letter that is valid for a period of time to allow the applicant to make arrangements to relocate to Singapore and complete the necessary formalities after arrival.
Pass duration and renewal: DPs and LTVPs are valid until the main work pass expires. It can be renewed up to 6 months before it expires, and any remaining duration in the current DP or LTVP will not be forfeited as the renewed pass would only start when the current pass expires. To qualify for renewal of the family’s passes, the main pass holder must ensure that s/he continues to meet the criteria for holding an EP or S Pass. The MOM would take about 3 weeks to have an outcome on the renewal, and if approved, an IPA letter would be issued to give the DP/LTVP holder about 2 months to have the pass issued.
1According to the MOM, this denotes a common-law relationship between 2 people that is recognised under the laws of their country or region.
For business owners, obtaining the LOC for the first time would grant a 1-year validity or up to the expire of the DP, whichever is shorter. To renew the LOC, at least 1 SC or SPR who minimally earns the prevailing Local Qualifying Salary2 and receives CPF contributions3 for at least 3 months, must be hired. Upon a successful renewal, the subsequent validity of the LOC would be up to the date of expiry of the DP.
ONE Pass Holders
The ONE Pass is a work pass that exempts the candidate from the COMPASS assessment, and allows the holder to concurrently start, operate and work for multiple companies at any one time. As such, ONE Pass holders need not reapply for a pass if they change jobs. To be eligible, candidates must either meet the minimum salary requirement or possess outstanding achievements in sports, arts and culture, or academia and research.
Eligible family members: Legally married spouses and unmarried children under 21 (including those who have been legally adopted) of ONE Pass holders are eligible to apply for DPs. Common-law spouses1, unmarried stepchildren or unmarried handicapped children under 21 and parents of ONE Pass holders are eligible to apply for LTVPs.
Working in Singapore: Only spouses on DPs and common-law spouses1 on LTVPs are able to apply for a LOC to work in Singapore as employees. Only DP holders whose spouses are on the ONE Pass who are either (i) a sole proprietor, (ii) a partner, or (iii) a company director with at least 30% ownership, in an ACRA-registered business are eligible to apply for a LOC to operate a business in Singapore. Other family members would need to obtain a valid work pass (such as an EP or S Pass) to work in Singapore.
Application process: The application process is similar to that for passes for families under the EP or S Pass. MOM would take around 4 weeks to have an outcome on the DP or LTVP application for most cases, and 4 weeks for the LOC application, unless additional verification is required.
Pass duration and renewal: DPs and LTVPs are valid until the main work pass expires, and the ONE Pass holder must continue to meet the criteria to renew the ONE Pass and all family passes associated with it. If the spouse is working as an employee, the LOC’s validity would follow the DP.
2At the time of writing this article, the Local Qualifying Salary is S$1,600.
3Central Provident Fund (CPF) contributions are mandatory savings that both employees and employers in Singapore are required to make to help individuals set aside savings for home purchase, healthcare and retirement, amongst others.
If the spouse is a business owner, obtaining the LOC for the first time would grant a 1-year validity or up to the expire of the DP, whichever is shorter. To be eligible to renew the LOC for business owners, at least 1 SC or SPR who minimally earns the prevailing Local Qualifying Salary2 and receives CPF contributions3 for at least 3 months must be hired. Upon a successful renewal, the subsequent validity would be up to the date of expiry of the DP.
Student’s Pass Holders
Foreign students looking to study full-time in an educational institution in Singapore would need to apply for a Student’s Pass. Holders of a valid DP or LTVP can pursue full-time, non-religious related studies in Singapore without the need to apply for a Student’s Pass.
Eligible family members: For a child studying in Singapore on a Student’s Pass, only one applicant who is either a parent or grandparent of the child can apply for a ICA-issued LTVP. There must be a local sponsor who is at least 21 years old and either a SC or SPR to sponsor the LTVP application.
Working in Singapore: A LTVP holder accompanying a child who is studying in Singapore is not allowed to work in the first year. Subsequently, the LTVP holder can apply for a work permit if they choose to work in Singapore after having stayed for 1 year.
Application process: Applications for LTVPs are processed by the ICA within 6 weeks provided all required documents are submitted and in order. If approved, an IPA letter would be issued for applicants to complete formalities, which may include completing a medical check-up.
Pass duration and renewal: LTVP pass duration varies but would typically be tied to the validity of the Student’s Pass. The Student’s Pass is generally valid for the duration of the course of study only and the validity period can be found on the Student’s Pass.
Singapore Citizen and Singapore Permanent Resident
The spouse of a SC who is holding a foreign passport can choose to apply for Singapore citizenship if the spouse has been (i) a SPR for at least 2 years and (ii) married to the SC for at least 2 years. Unmarried children below 21 who are born within the context of a legal marriage to a SC, or have been legally adopted by a SC, and aged SPR parents of a SC are eligible to apply for SC as well.
The spouse of a SC or SPR, unmarried children below 21 who are born within the context of a legal marriage to a SC or SPR, or have been legally adopted by a SC or SPR, the aged parent of a SC, and holders of an EP or S Pass may be eligible to apply for SPR. A foreign investor who meets the criteria may be able to acquire SPR as well through the Global Investor Programme which is jointly administered by the Singapore Economic Development Board and the ICA.
Eligible family members: A spouse or parent of a SC or SPR, and an unmarried child below 21 born within the context of a legal marriage to, or have been legally adopted by a SC or SPR, are able to apply for a ICA-issued LTVP. For a SC who is looking to sponsor the LTVP for their foreign prospective spouse, the couple may want to complete ICA’s Pre-Marriage LTVP Assessment (“PMLA”) before marriage. This is a free online assessment for couples to exchange key information about each other, find out if the foreign prospective spouse qualifies for a LTVP after marriage, and most importantly, enjoy a much shorter processing time of about 6 weeks (instead of 6 months) for the LTVP application. For the avoidance of doubt, the PMLA is only applicable for couples where there is a SC (and thus not applicable to a SPR sponsor of a foreign spouse). For parents of a SC or SPR child who is below 21, a local sponsor aged 21 and above who is a SC or SPR is required as well for the LTVP application. Parents-in-law of the SC or SPR are not eligible for the ICA LTVP.
Working in Singapore: LTVP holders who are spouses and children of a SC or SPR can apply for a LOC (or, at the point in time when applying for or renewing the LTVP with the ICA, a Pre-approved Letter of Consent (“PLOC”)) with the MOM to work as an employee in Singapore. The LOC or PLOC does not allow the holder to be self-employed. LTVP holders who are parents of a SC or SPR have to apply for a work permit if they wish to work in Singapore. If the LTVP holder is applying for a work pass such as an EP, the LTVP would be automatically cancelled once the work pass is approved and issued as an individual can only hold one valid pass in Singapore at any point in time.
Application process: Applications for LTVPs are processed by the ICA. For foreign spouses married to a SC, the LTVP processing time may take up to 6 months if a PMLA has not been submitted, and 6 weeks if a PMLA has been submitted. All other LTVP applications will be processed within 6 weeks if all required documents are submitted and in order. If approved, an IPA letter would be issued for applicants to complete formalities, which may include completing a medical check-up.
Pass duration and renewal: LTVP pass duration varies but starts with a 1-year validity. Renewals can be submitted within 3 months of the LTVP’s expiry, and the remaining validity of the current LTVP would not be carried forward to the new LTVP upon successful renewal.
Conclusion
Family members joining the main work pass holder, SC or SPR in Singapore are not strictly limited by their residency passes as they also have the option of working, starting a business or studying here as long as they meet the respective prevailing criteria. This helps to keep the family together and allows members of the family to look for gainful employment or pursue educational and/or business interests if they are looking to live in Singapore for the longer term. As with all applications to the ICA and MOM, approvals remain in the authorities’ sole discretion and applications for the various passes will be assessed holistically. The MOM evaluates the main work pass holder’s attributes comprehensively for work pass approval, as well as the work pass holder’s ability to sustain the family’s residency passes in Singapore. The ICA, when assessing SC, SPR and LTVP applications, takes into account many factors such as the applicant’s family ties to Singaporeans, economic contributions, qualifications, age, family profile and length of residency, to assess the applicant’s ability to contribute to Singapore and integrate into society, and his or her commitment to sinking roots.
SMTP’s Experience
As a private client firm, our Immigration and Family Offices department has a wealth of experience in navigating applications for clients looking to obtain Singapore Citizenship, Permanent Residency, Employment Pass, Overseas Networks & Expertise Pass (“ONE Pass”), as well as residency passes for their accompanying families who intend to live and work in Singapore. Our lawyers work closely with clients and their advisors, adopting a tailored approach to address families’ specific needs and requirements.
Should you or your clients require any assistance or advice, please feel free to contact our Business Development Team to schedule a consultation.