Singapore Expats

Dependent Pass not allowed to incorporate a private limited

Discuss about getting a well paid job or career advancement. Ask about salaries, expat packages, CPF & taxes for expatriate.
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eastcoastdan
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Post by eastcoastdan » Fri, 27 Aug 2010 10:42 am

I think you need five - I'm building my way up to that!

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Post by s2fitness » Sat, 11 Sep 2010 8:10 pm

movingtospore wrote:Just wanted to update everyone on this. I think (though it's not actually in my hands yet), that I have finally received a letter of consent to work for myself. Woo hoo.
Hi movingtospore. I've read this thread with great interest. I've recently moved here with my family and am hoping to continue my PT business. I've had mixed messages from MOM and other expats here so to see that you've received a LOC from MOM is very encouraging. I know you must have been inundated with requests for this but would you be able to PM me please so that I can ask you a few questions on this? I'd really appreciate it. :)

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Post by ksl » Sat, 11 Sep 2010 10:57 pm

s2fitness wrote:
movingtospore wrote:Just wanted to update everyone on this. I think (though it's not actually in my hands yet), that I have finally received a letter of consent to work for myself. Woo hoo.
Hi movingtospore. I've read this thread with great interest. I've recently moved here with my family and am hoping to continue my PT business. I've had mixed messages from MOM and other expats here so to see that you've received a LOC from MOM is very encouraging. I know you must have been inundated with requests for this but would you be able to PM me please so that I can ask you a few questions on this? I'd really appreciate it. :)
Read this link its got all the information you need
http://forum.singaporeexpats.com/ftopic46965-0.html

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Post by s2fitness » Tue, 14 Sep 2010 5:15 pm

Having set up my sole proprietorship, I've been told my MOM today that I cannot get a Letter of Consent employing myself as the company has not been registered for 6 months. She said the only way I could work was to get an entrepass (despite someone else from MOM telling me I wouldn't be eligible!). When I said that other people had done this and been granted LOCs she said they are working illegally. So I'm still no further forward. :mad:

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Post by sundaymorningstaple » Tue, 14 Sep 2010 5:37 pm

s2fitness wrote:Having set up my sole proprietorship, I've been told my MOM today that I cannot get a Letter of Consent employing myself as the company has not been registered for 6 months. She said the only way I could work was to get an entrepass (despite someone else from MOM telling me I wouldn't be eligible!). When I said that other people had done this and been granted LOCs she said they are working illegally. So I'm still no further forward. :mad:
Why doesn't that surprise me. Sounds like I'm being vindicated at last as that's what I've been saying all along. :-|
SOME PEOPLE TRY TO TURN BACK THEIR ODOMETERS. NOT ME. I WANT PEOPLE TO KNOW WHY I LOOK THIS WAY. I'VE TRAVELED A LONG WAY, AND SOME OF THE ROADS WEREN'T PAVED. ~ Will Rogers

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Post by Strong Eagle » Tue, 14 Sep 2010 7:09 pm

sundaymorningstaple wrote:
s2fitness wrote:Having set up my sole proprietorship, I've been told my MOM today that I cannot get a Letter of Consent employing myself as the company has not been registered for 6 months. She said the only way I could work was to get an entrepass (despite someone else from MOM telling me I wouldn't be eligible!). When I said that other people had done this and been granted LOCs she said they are working illegally. So I'm still no further forward. :mad:
Why doesn't that surprise me. Sounds like I'm being vindicated at last as that's what I've been saying all along. :-|
I think MOM is in a serious case of cognitive dissonance. We've already played the game of dueling website citations. Some people are getting them, some are not.

s2fitness, you may have more of a problem. There is a list of unacceptable businesses... karaoke joints, tuition, massage, hair dressing, that won't qualify. You may be in this boat.

And, I'll say it again, registering as a Pte Ltd goes waaaayyy further in the eyes of the gahmen.

So, form a pte ltd and see if you can get what you need, or wait six months.

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Post by ksl » Tue, 14 Sep 2010 10:31 pm

sundaymorningstaple wrote:
s2fitness wrote:Having set up my sole proprietorship, I've been told my MOM today that I cannot get a Letter of Consent employing myself as the company has not been registered for 6 months. She said the only way I could work was to get an entrepass (despite someone else from MOM telling me I wouldn't be eligible!). When I said that other people had done this and been granted LOCs she said they are working illegally. So I'm still no further forward. :mad:
Why doesn't that surprise me. Sounds like I'm being vindicated at last as that's what I've been saying all along. :-|
No chance SMS! Though I'm tired of this thread it only causes unrest in the camp :roll: If people cannot find the legal way to do it, they will never do it even if its looking them straight in the face. Mom is only a place to collect the LOC, to get stamped by the sponsor, Its damn obvious you cannot employ yourself isn't it, and there is no law to say a local registered company must wait 6 months to employ people.

There is a law however that says a foreigner moving to Singapore must have a business up and running for a minimum of time in their home country, before moving the business to Singapore to repel all the people that just want to move here. I say let em fail or wait their 6 months if their is so much controversy.

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Post by s2fitness » Fri, 17 Sep 2010 7:53 pm

I went and spoke to a very knowledgeable lady at money matters for expats pte (as recommended by another PT who got her letter of consent through them). Apparently it has nothing to do with the fact that my SP has only just been registered. Since the start of this year MOM have clamped down on foreign dependent pass holders working for themselves. The main reason being too many of them are beefing up their deductible expenses in order to avoid paying tax. This time last year it would have been fairly straight forward to get a LOC employing myself but it is getting harder and harder according to this woman (whose job it is to get them). She advised two ways in which I could work:

1. Advertise for someone who already has an established company and who is leaving Singapore. Get them to sponsor the LOC. Then once that is in place, buy the business off them.

2. Get one of the local gym chains/sports clubs to sponsor my LOC. The problem then is that I can only work in that gym and I want to be freelance. But her advice was that I do this for 6-12months, show MOM that I am paying tax etc and then apply for a LOC under my own name.

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Post by ksl » Fri, 17 Sep 2010 10:26 pm

I hope it wasn't them that advised you how to set up your company and apply for the LOC
Since the start of this year MOM have clamped down on foreign dependent pass holders working for themselves. The main reason being too many of them are beefing up their deductible expenses in order to avoid paying tax.
Tax avoidance is illegal and i can assure that has not been the case, if it was, all these DP holders would be in the local news without a doubt! :roll: My guess is you have just been badly advised, as you did the most silliest mistake any DP holder could do. When it clearly tells you that a sponsor must fill in the LOC, you registered your business and hoped you could fill in the LOC, thinking it was that simple, which is also illegal. My advice is to stay away from those that make money giving advice to expats! They do it because an expat is an easy touch, and when it fails, they say well, there are no guarantees of success as they told you.

I have a tendency to believe the information on this forum to be more reliable, and there has never been any inclination or discussion with regards to DP's and your claims of the above. Which makes me wonder who is feeding you this information and why! Easy money could be a motive.
Employment/Dependent/Student Pass & Long Term Social Pass EntréPass
Want to employ yourself or another under your company? Recently married and looking to add your spouse as a dependent? Do you have a common law spouse, child over 21 or a parent that would like to stay with you in Singapore? Let us help you file the requisite documents for you, depending on your needs.
This information by the way is maybe misleading from the website you name. you cannot employ yourself! and the other thing is if you are married, you can add your spouse as a dependant only on the right EP, I'd question the information you have been given in the first instance, as only you would know, what you have been told by them.

So you may have a case for CASE to get your money refunded, pay the fee and go and have a talk
http://www.case.org.sg/

SE and SMS are also right to say they do not know what they are doing half the time, one person says one thing and the other will say something different, it is a grey area that many do not know about. So it wouldn't surprise me if the door does get closed eventually.

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Post by s2fitness » Sat, 18 Sep 2010 8:56 pm

ksl wrote:I hope it wasn't them that advised you how to set up your company and apply for the LOC
Since the start of this year MOM have clamped down on foreign dependent pass holders working for themselves. The main reason being too many of them are beefing up their deductible expenses in order to avoid paying tax.
Tax avoidance is illegal and i can assure that has not been the case, if it was, all these DP holders would be in the local news without a doubt! :roll: My guess is you have just been badly advised, as you did the most silliest mistake any DP holder could do. When it clearly tells you that a sponsor must fill in the LOC, you registered your business and hoped you could fill in the LOC, thinking it was that simple, which is also illegal. My advice is to stay away from those that make money giving advice to expats! They do it because an expat is an easy touch, and when it fails, they say well, there are no guarantees of success as they told you.

I have a tendency to believe the information on this forum to be more reliable, and there has never been any inclination or discussion with regards to DP's and your claims of the above. Which makes me wonder who is feeding you this information and why! Easy money could be a motive.
Employment/Dependent/Student Pass & Long Term Social Pass EntréPass
Want to employ yourself or another under your company? Recently married and looking to add your spouse as a dependent? Do you have a common law spouse, child over 21 or a parent that would like to stay with you in Singapore? Let us help you file the requisite documents for you, depending on your needs.
This information by the way is maybe misleading from the website you name. you cannot employ yourself! and the other thing is if you are married, you can add your spouse as a dependant only on the right EP, I'd question the information you have been given in the first instance, as only you would know, what you have been told by them.

So you may have a case for CASE to get your money refunded, pay the fee and go and have a talk
http://www.case.org.sg/

SE and SMS are also right to say they do not know what they are doing half the time, one person says one thing and the other will say something different, it is a grey area that many do not know about. So it wouldn't surprise me if the door does get closed eventually.
This company didn't charge me anything. The lady sat with me for half an hour, giving me her advice and when I asked what I owed her for her time said "it is a goodwill gesture". She wasn't the one who advised me to set up a sole proprietorship - I did that from advice given on this thread! If that makes me silly, so be it. But other people have clearly been granted LOCs from MOM in this manner (indeed, she said that even last year it was a matter of formality - people do work for themselves without setting up limited companies).

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Post by ksl » Sun, 19 Sep 2010 12:35 am

You see anyone can register a business the kind of business you want for example as a sole proprietor if they meet the criteria, then they can sign your LOC for you to work for that business...all you need is to collect the LOC from MOM, for the sponsor to sign, does that help you!

The restrictions are not on DP's the restriction is on EP's seeking employment here and also PR's, last year out of 135,000 applicants for PR, only 59,000 was awarded PR status. The amount of employment passes rejected is much more than that.

A DP starting business here is highly unlikely to make sufficient income here for Gahman to worry about, in fact DP's have that legal right to seek employment within the criteria, and your way, unfortunately was the wrong way to go about it.

My apology for calling you silly, it's just that the law is so clear on the criteria which is stipulated on the websites. It does tell you the sponsor must sign the LOC, it doesn't actually mean that all those on this thread signed their own. As I said there is a grey area and they have probably found it, and do not wish to advertise it.

I would like you to explain to me, how you think it possible for those people you assume signed their own LOC's?

I mean if you are saying they have set up their own business and signed their own LOC which goes back to MOM, wouldn't it be the same name on the business registration and the LOC! Totally illegal and silly if you ask anyone in Singapore. The punishment here is far worse than you can imagine and i doubt people would take that risk.

My point is, there is a grey area and it is legal, you shouldn't assume that people are breaking the law just because you haven't found the way.

The information on DP's being restricted on working, is false. Though indirectly through EP applications being refused we will see less DP's it does have an impact on DP's coming to Singapore so the company you discussed with will see less people. Out of 135.000 applications for PR only 59000 was granted, EP's many more failed on application than PR failure.

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Post by s2fitness » Sun, 19 Sep 2010 2:59 pm

ksl wrote:You see anyone can register a business the kind of business you want for example as a sole proprietor if they meet the criteria, then they can sign your LOC for you to work for that business...all you need is to collect the LOC from MOM, for the sponsor to sign, does that help you!

The restrictions are not on DP's the restriction is on EP's seeking employment here and also PR's, last year out of 135,000 applicants for PR, only 59,000 was awarded PR status. The amount of employment passes rejected is much more than that.

A DP starting business here is highly unlikely to make sufficient income here for Gahman to worry about, in fact DP's have that legal right to seek employment within the criteria, and your way, unfortunately was the wrong way to go about it.

My apology for calling you silly, it's just that the law is so clear on the criteria which is stipulated on the websites. It does tell you the sponsor must sign the LOC, it doesn't actually mean that all those on this thread signed their own. As I said there is a grey area and they have probably found it, and do not wish to advertise it.

I would like you to explain to me, how you think it possible for those people you assume signed their own LOC's?

I mean if you are saying they have set up their own business and signed their own LOC which goes back to MOM, wouldn't it be the same name on the business registration and the LOC! Totally illegal and silly if you ask anyone in Singapore. The punishment here is far worse than you can imagine and i doubt people would take that risk.

My point is, there is a grey area and it is legal, you shouldn't assume that people are breaking the law just because you haven't found the way.
Movingtospore clearly stated on here that he signed his own LOC and it was approved. The woman I spoke to, who has worked with MOM for years, has said that a lot of people have done this and, indeed, whilst MOM are restricting the numbers, some are still getting authorised. Surely that is what "self employed" means - I was self employed at home, why should it be any different here? Surely if it was "illegal and totally silly" then MOM wouldn't have granted those LOCs?!

I haven't assumed anything about people breaking the law! All I want is to be able to work legitimately, for myself, and pay taxes as I would at home.

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Post by ksl » Sun, 19 Sep 2010 9:48 pm

s2fitness wrote:
ksl wrote:You see anyone can register a business the kind of business you want for example as a sole proprietor if they meet the criteria, then they can sign your LOC for you to work for that business...all you need is to collect the LOC from MOM, for the sponsor to sign, does that help you!

The restrictions are not on DP's the restriction is on EP's seeking employment here and also PR's, last year out of 135,000 applicants for PR, only 59,000 was awarded PR status. The amount of employment passes rejected is much more than that.

A DP starting business here is highly unlikely to make sufficient income here for Gahman to worry about, in fact DP's have that legal right to seek employment within the criteria, and your way, unfortunately was the wrong way to go about it.

My apology for calling you silly, it's just that the law is so clear on the criteria which is stipulated on the websites. It does tell you the sponsor must sign the LOC, it doesn't actually mean that all those on this thread signed their own. As I said there is a grey area and they have probably found it, and do not wish to advertise it.

I would like you to explain to me, how you think it possible for those people you assume signed their own LOC's?

I mean if you are saying they have set up their own business and signed their own LOC which goes back to MOM, wouldn't it be the same name on the business registration and the LOC! Totally illegal and silly if you ask anyone in Singapore. The punishment here is far worse than you can imagine and i doubt people would take that risk.

My point is, there is a grey area and it is legal, you shouldn't assume that people are breaking the law just because you haven't found the way.
Movingtospore clearly stated on here that he signed his own LOC and it was approved. The woman I spoke to, who has worked with MOM for years, has said that a lot of people have done this and, indeed, whilst MOM are restricting the numbers, some are still getting authorised. Surely that is what "self employed" means - I was self employed at home, why should it be any different here? Surely if it was "illegal and totally silly" then MOM wouldn't have granted those LOCs?!

I haven't assumed anything about people breaking the law! All I want is to be able to work legitimately, for myself, and pay taxes as I would at home.
Well you have soon found out that you are not at home haven't you
I was self employed at home, why should it be any different here?
Hello you are in Singapore a different country with different laws! You are a guest, that is about as much as they have to offer you and thank your lucky stars your spouse isn't a PR because then you wouldn't be allowed to work on LOC even, because your DP will be taken off you and you will get a LTSVP! The ones that have signed their own LOC have broken the law, they must just hope that it doesn't back fire on them, and it could very easy, now that you have told MOM that others have done that! Good luck with your job hunting

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Post by movingtospore » Thu, 23 Sep 2010 10:06 am

Nobody is breaking the law by signing their own LOC, this is exactly the process that MOM wants you to follow. Illogical but it is the process. And they are approving these.

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Post by movingtospore » Thu, 23 Sep 2010 10:17 am

s2fitness, I will PM you and give you a contact at MOM. The problem is the front-line staff are not informed of what can and can't be done. So, they just say no. You need to speak with someone higher up. You need to clearly explain to MOM why the entrepass is not appropriate for your business, and why you'd rather be self-employed. If they agree with your assessment they will approve your LOC. It is true that their web site is not clear on this - they made sweeping changes last year re the entrepasses and are in process of figuring out that the entrepass does not apply to everyone.

Just to reiterate - there is NOTHING illegal about registering as a sole proprietorship, and then hiring yourself through an LOC. MOM will approve this will all the appropriate paperwork in place. What is illegal is to set up a sole proprietorship and then work for it without an LOC.

Good luck.

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