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Tuesday June 18th 2013

How our long term visit pass holders abuse their stay here – MOM are you there?

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Posted: Thu Jun 28, 2012 12:45 pm  by kgpp

Hi, guys. I am here to seek advice on  how to address my issue.

I have a contract with a foreign company to provide business consultancy service. I am supposed to work as a freelancer. The foreign company will pay  into my local bank account (Singapore) on a regular basis. I am holding LTVP, sponsored by my Singaporean husband.

This foreign company doesn’t have a local office here. Thus no EP will be applied for me by them.

And I also know the regulations that LTVP holder is not eligible to set up sole-proprietorship, either.

What can I do to take this job forward?

Thanks a lot for any constructive point in advance. Smile [size=12][/size]

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Posted: Thu Jun 28, 2012 3:45 pm by sundaymorningstaple

As long as your work does not interact with Singaporean residents nor companies registered in Singapore you are free to do so without an Employment Pass or Company/Business.

However, you are still required to file Tax Returns on the income derived here in Singapore (e.g., all the work you perform for your foreign employer) unless you can show evidence that you have filed and paid taxes on that income in your home country or tax residence. This could be offset depending on whether or not there are tax treaties in effect between the two countries as well.

It is Singapore Inland Revenue’s contention that tax will have to be paid somewhere so if you, working offshore for an employer in your home country, (who doesn’t have a presence in Singapore) don’t pay taxes in your home country (due to being out of the country) then you WILL be liable to pay taxes on that income to Singapore. (Singapore doesn’t tax it’s citizens on income earned outside the country)

Clear as mud? Wink

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Posted: Thu Jun 28, 2012 3:46 pm   by beppi

You can’t legally do any work on an LTVP. Full Stop.

Even if you get the new LTVP+, which allows work on LOC (given by MOM), you could only work for Singapore-registered entities.

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Posted: Thu Jun 28, 2012 5:34 pm  by Strong Eagle

Your only alternative is to create a business, probably a private limited. You then apply for an EP through the business.

Historically, this has worked for people who:

a) Are bringing an existing business to Singapore
b) Are skilled in the line of work they are doing
c) Have contracts or income streams out of the gate

It used to be easy to get an Entrepass, easy to form a company and get an EP. But, far too many people with far too little skills, experience and money were abusing the system to get into the country.

You should search the threads for “entrepass”… there is quite a bit of information, including those who have successfully created a company. Your company then bills your foreign company and receives income in Singapore.

About the only way to do it, I’d say. Just make sure that you have lots of documentation, and lots of patience.

Editor’s Note:  All postings taken from Singapore Expats Forum

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Employment of Long Term Visit Pass Holders

Long Term Visit Pass (LTVP) holders who wish to work in Singapore and have found prospective employers will need work passes to do so. Applications for work passes (Employment Passes, S Passes or Work Permits) must be made by the prospective employer to Ministry of Manpower. Each application would be assessed on its own merits. However, these LTVP holders are not allowed to work in objectionable occupations such as dance hostesses, masseurs, etc.

Applications for an Employment Pass or S Pass will be assessed based on prevailing criteria (i.e. educational qualifications, salary, occupation, and experience).

Applications for a Work Permit (WP) will depend on the LTVP holder’s relationship to their sponsor:

  • If they are a parent/parent-in-law of the sponsor, they must be from an approved source country and meet the prospective company’s dependency quota. The foreign worker levy will apply.
  • If they are a spouse or unmarried child of the sponsor, there is no need for foreign worker levy to be paid. Their employment will not be counted towards the company’s dependency quota. They do not need to be from an approved source country.

*For employers who have already recruited this group of foreign workers on WPs before 1 October 2008, you must write in to the Work Pass Division before the levy and quota concessions can be extended to your firm/company. The levy concession will only start on the 1st of the following month after the Work Pass Division has verified the relevant documents.

(Taken from  MOM website)

Reader Feedback

5 Responses to “How our long term visit pass holders abuse their stay here – MOM are you there?”

  1. Charles says:

    Where is the abuse here?
    Somebody has a chance to create some income and looks for a way to do this legal. As the client and the projects are not related to the Singapore market there is not even extra competition for local companies. So why complain?

  2. Anon says:

    There is already some abuse. And there is potential for further big abuses.

    1. Who says that foreigner not taking away a job from a Sinkie or business opportunity for a Sinkie consultancy company?? 80% reason why the foreign company engaged this foreigner is becoz this foreigner is based in s’pore and is able to get info/intelligence about local industries and regional business opportunities. A local Sinkie or company will be able to provide such consultancy services.

    2. It’s against the law for LTVP to work without permission from MOM — SIMPLE AS THAT.

    3. The reason why it’s illegal is becoz otherwise it sets a VERY BAD PRECEDENT. LTVP are much easier to get than Employment Pass or even S-Pass. If LTVPs are allowed to work, then as long as 1 family member gets E-Pass, he will bring in 10 of his relatives in using LTVP and the whole village-gang can work and operate in S’pore.

    4. All govts the world over know that 1 of their most important job is to manage the number of workers in the country and/or the number of jobs being created. Otherwise you will have high unemployment and/or depressed wages below the cost of living. S’pore already has too many cheaper and untalented foreigners being let in on red carpet. And you want to further break the system by allowing LTVPs to work illegally against the law??

    Don’t believe all those news stories about companies and employers cannot find workers, shortage of workers etc etc. All bullshit. Most of these complainers are offering pathetic jobs and salaries that even ahnehs and cheenas want to job-hop after a few months. Some of my relatives run SMEs, so I know what is happening.

    E.g. It is quite common and easy to employ a uni grad foreigner for only $1.5K salary. Initially the foreigner will be happy to accept as $1.5K can be 5X-10X what he can get back home — if he can even get a job in the first place. But after working & living for 3 months in S’pore, many of these foreigner graduates will become sianz and realise the shitty salary they are getting compared to the cost of living. Almost 100% of them will start sending out resumes after 4-5 months here, using their initial s’pore experience as stepping stone, and hoping to get another job with higher salary. Just get $2K salary they will be happy like cock — and still much cheaper than Sinkie graduates (even fresh grads with zero experience).

    • Kenn says:

      I have spent 10 years in Singapore, most of those years on a social visit pass or LTVP. I own a business as a consultant with clients in the US, Middle East and Europe. I don’t deal with Asian companies, accept for India on occasion. My business is registered in the US.

      DIRECTLY FROM MOM: If I am not dealing with Singaporean companies or the public and my income is derived from overseas, then I DO NOT need consent from MOM when carrying out my duties while in Singapore. MOM has no jurisdiction over income derived from overseas. The moment I start interacting with Singapore companies or the public, whether through solicitation or performing actual work, then MOM has jurisdiction and I am subject to their regulations.

  3. jj says:

    In order to minimise costs & maximise profits, many companies regardless SME or MNC are offering pathetic jobs and salaries.

    You stated 3k in your CV, they will only offer you 2.5k; you stated 2.5k in your CV, they will only offer you 2k and so on. The job scope covers so many things that you can forget about having a balance between work & family.

    When i went for a interview at bata, the manager told me their area mgr complained he has no time for his family so she was happy when i am still single without a gf. The job is not a 9 to 5 job. She needs someone who is hardworking, can take stress, willing to learn, good in paperworks and able to work on sat, sun & ph. So how much they offers? 2.5k.

    Is it worth it? For me, i feel not.

  4. vj says:

    LTVP holder can get a job easily?

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