An Employment Pass (EP) is a critical document for foreign professionals, managers, and executives working in Singapore. It provides legal authorisation to live and work in the country. But what happens when your EP expires? Understanding the process and implications is essential to ensure compliance and avoid complications.
1. Immediate Legal Implications
Once your EP expires, you no longer have the legal right to work in Singapore. You may remain in the country for 30 days after the expiration of your EP to wrap up your affairs. Overstaying can lead to penalties, including fines, bans on future re-entry, or even deportation.
2. Implications for Your Employment
Your employer cannot legally continue to employ you if your EP has expired and hasn’t been renewed. Once the pass has reached its expiry, employers need to apply for a new pass instead of applying for a renewal. Therefore, communication between the employee and the employer is crucial to align on next steps and renewal should be filed in a timely fashion before the date of expiry.
3. Impact on Dependants
If you have dependants on a Dependant’s Pass (DP) tied to your EP, their passes will also expire when your EP does. Ensure that their pass renewals or alternative arrangements are handled simultaneously.
4. EP Renewal Process
Renewal Application
EPs can be renewed up to 6 months before its expiry and can be done only by the employer or an employment agent (EA). Individuals who are EP holders are therefore unable to renew it themselves due to the pass being tied to the job. Renewal process takes up to 10 working days and upon approval, are valid for up to 3 years. The renewed pass validity will start after the current EP expires.
Renewal Criteria
The renewal requires candidates to earn the EP minimum qualifying salary, work for the same employer in a managerial, executive, or specialised job, and pass the Complementarity Assessment Framework (COMPASS). Candidates who earn a fixed monthly income of at least SGD12,500 are not required to pass the COMPASS.Â
Renewal Result
Upon approval, an In-Principal Approval (IPA) will be issued and is valid for 3 months. Steps must be taken to get the new pass issued before the IPA or current pass expires, whichever occurs first.Â
Do note that renewals are not guaranteed. If rejected, an appeal may be submitted up to 2 times after the rejection.
5. Transition to a New Pass
If you no longer qualify for an EP or wish to switch to a different pass category, you must apply before your EP expires. Options may include:
- A Dependant’s Pass or Long-Term Visit Pass (LTVP), if applicable. A common scenario where a person loses their EP due to retrenchment or being laid off by the employer but their spouse still holds an EP or an S Pass. This person may then apply for a Dependant’s Pass or LTVP as a dependant .Â
- A Short Term Visit Pass (STVP) for an additional 30 days stay. An STVP is valid for up to 30 days or up to 89 days for applicants with immediate family members who are Singapore Citizens or Permanent Residents. Expired EP holders need to leave the country 30 days after the expiration date, however, if they plan to find a new job or need more time to wrap up their affairs, STVP would be a good solution.
- Upgrade to a Personalised Employment Pass (PEP) or Overseas Networks & Expertise (ONE) Pass, if eligible. Only high income earners or top professionals may apply for these passes. One of the benefits of these passes is more flexibility in career.
- Set up a business and apply for an EP under your own company. Singapore is a business-friendly nation, with easy access to Asian markets and networks. Running your own business in Singapore is one of the ways to stay in Singapore long-term.
- A Permanent Residency (PR) application, if eligible. This would need proper planning as the PR application process can be tedious and time consuming. However, many find that the benefits of being a Singapore PR holder is definitely worth the effort.
6. Penalties for Overstaying
A person found to be guilty of overstaying in Singapore for up to 90 days may be sentenced to a maximum fine of $4,000 and/or a jail term of up to 6 months. Overstaying beyond 90 days may result in a maximum of 6 months’ imprisonment and a minimum of 3 strokes of the cane (or up to a $6,000 fine if the offender cannot be caned, such as where the offender is above 50 years old, or a female).
For not possessing a valid permit or pass, the offender will be liable for a fine of up to $4,000 and/or a jail term of up to 6 months if the length of unauthorised stay does not exceed 90 days. If it exceeds 90 days, he/she may be sentenced to at least 3 strokes of the cane (or fined up to $6,000 if he/she cannot be caned) and up to a 6 months’ jail term.
Employment Pass (EP) Expiry & Renewal
To avoid any disruption in your living arrangements in Singapore:
- Set Reminders: Use calendar alerts to track your EP’s expiration date.
- Stay Informed: Regularly check for updates to immigration policies.
- Consult Professionals: Seek advice from immigration consultants such as Immigration@SG if you’re unsure about your options.
The expiration of your Employment Pass is a significant issue that requires proactive management. By understanding the steps to renew your EP, transition to another visa, or plan your departure, you can avoid legal and professional complications. Always stay ahead of deadlines and consult with relevant authorities or experts to ensure a smooth process.
