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Employment pass issue delay - 6 weeks!

Posted: Tue, 15 Apr 2014 6:01 pm
by Kuzz
Hi, I have been residing Singapore for over 7 years. I came here on student visa on a government bond of 3 years after completing my studies.

I graduated in 2011 with 1st class honors from university and go a job and my employment pass within a few weeks from graduating.

After 2 yrs of work, I found out that my employment pass was kept on pending status from the MOM and without a pass I was unable to continue work with company that hired me and I have been unemployed for the past 6 weeks pending a decision from MOM regarding my employment pass.

The ICA officer in charge of my case has been issuing me 2weeks temporary pass so that I can resolve the issue with MOM but MOM refuses to give me any reasons as to why my pass is put on pending status. At the end of every 2 weeks I get no reply from MOM and the ICA issues me another 2 week temporary pass.

I am required to be in the country because of the government bond and I have only 6 months left on the bond to finish. I intend to leave Singapore for my country of origin once my bond is finished. But the MOM will not issue me a pass to work legally and honor the bond. I have had to let go 3 very good job offers because of this issue.

I need help urgently. I cannot be living in Singapore indefinitely without income waiting for my pass to get approved.

I was drawing a salary of $3300 a month as a junior art director at my previous company.

I need some urgent guidance please.
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Re: Employment pass issue delay - 6 weeks!

Posted: Tue, 15 Apr 2014 6:17 pm
by rdueej
Kuzz wrote:Hi, I have been residing Singapore for over 7 years. I came here on student visa on a government bond of 3 years after completing my studies.

I graduated in 2011 with 1st class honors from university and go a job and my employment pass within a few weeks from graduating.

After 2 yrs of work, I found out that my employment pass was kept on pending status from the MOM and without a pass I was unable to continue work with company that hired me and I have been unemployed for the past 6 weeks pending a decision from MOM regarding my employment pass.

The ICA officer in charge of my case has been issuing me 2weeks temporary pass so that I can resolve the issue with MOM but MOM refuses to give me any reasons as to why my pass is put on pending status. At the end of every 2 weeks I get no reply from MOM and the ICA issues me another 2 week temporary pass.

I am required to be in the country because of the government bond and I have only 6 months left on the bond to finish. I intend to leave Singapore for my country of origin once my bond is finished. But the MOM will not issue me a pass to work legally and honor the bond. I have had to let go 3 very good job offers because of this issue.

I need help urgently. I cannot be living in Singapore indefinitely without income waiting for my pass to get approved.

I was drawing a salary of $3300 a month as a junior art director at my previous company.

I need some urgent guidance please.
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It could be something to do with the company that is applying for your pass. If MOM is looking to issue a S-pass for your new job, your company would need to satisfy quota requirements. What does HR from your new company say?

You are very close to your bond completion. If it turns out to be impossible for you to get a work pass, you can appeal to have your bond written off.

Posted: Tue, 15 Apr 2014 6:28 pm
by Kuzz
Hi, thanks for your reply. Both companies that intend to hire me have sufficient quota for hiring foreign employment. They each have applied and appealed my case directly with the MOM but they have received no reason as to why my pass won't be issued. I have a copy of both letters from MOM to the company rejecting my application without reason.

I don't know who to appeal to to take on my case as the ICA officer keeps informing me that MOM is the final say in the matter.

I have also approached the MOE for guidance but all they can do is request MOM to issue my employment pass so that I can complete my bond.

I have requested them to either let me stay and finish my bond or write it off so that I am free to leave but they have refused this.

Posted: Tue, 15 Apr 2014 6:36 pm
by Mi Amigo
Kuzz wrote:Hi, thanks for your reply. Both companies that intend to hire me have sufficient quota for hiring foreign employment. They each have applied and appealed my case directly with the MOM but they have received no reason as to why my pass won't be issued. I have a copy of both letters from MOM to the company rejecting my application without reason.
I'm just wondering if the highlighted word above has any bearing on this. Did both companies apply for your EP at the same time, or did one apply first and then the second company apply after the first application was rejected?

Posted: Tue, 15 Apr 2014 6:53 pm
by Kuzz
First company applied, appealed and then had to let me go as it was getting rejected. However they applied for a 3 month visit visa so that I can legally stay in the country to either find another job and apply for ep or resolve my case directly with MOM.

Second company was interested to hire me despite my Ep status and proceeded to apply for EP and that was rejected as well. I had to resort to contacting the ICA as my visa term was coming to an end and that is why the ICA issues me a temporary visa to sort out the issue with MOM. At the moment I am waiting on a decision from MOM to issue me a pass or not but they don't give me any information as to why it is pending in the first place. I fit the MOM requirements and have no criminal or other record on me. So why the delay?

Posted: Tue, 15 Apr 2014 7:07 pm
by gailwynand
Have you or (preferably) your prospective employer tried actually going to MOM and speaking with someone in person?

Posted: Tue, 15 Apr 2014 7:25 pm
by Kuzz
I have personally visited MOM several times and met with various officials. Second company HR had spoken with MOM personnel and they were asked to present an official letter of intent to hire me, which they have and still nothing.

Posted: Wed, 16 Apr 2014 11:37 am
by coollz
Hi Kuzz,

it happened to me previously as well. In that case what I did is that together with my employer I have written and appeal letter. I have explained my situation and why I want to work in Singapore and that I am locally trained and I need to serve my bond. Then my boss who are also a Singaporean wrote a strong appeal letter to MOM as well saying about why is this job can only be filled by me and since I was the one who did this project/work, hiring other person will hurt the business. I did not jump to other company though because my boss has already known me so well as well as my work attitude, so it will be easier for me to get a support rather than for me to jump to other company. So in my appeal we send an appeal letter from HR, my boss, as well as my own letter explaining about my situation. The other reason that I can see is that your salary is at the border between EP and S-pass, therefore if you can not get an EP you can ask your company to apply for you an S pass instead!

Posted: Wed, 16 Apr 2014 12:01 pm
by sundaymorningstaple
Unless the application was originally filed with the box ticked to also consider for an S pass should they not be eligible for an EP, they cannot go back and apply or appeal for an S pass later. It's stated very clearly on the application. A lot of employers don't mind the EP, but balk at having to pay the levies for S pass holders.

Posted: Wed, 16 Apr 2014 1:22 pm
by coollz
Yes, I agree with SMS! So, You should ask the HR of your company whether they ticked in your application form the option EP/S pass. If you/HR only ticked for EP option only then your HR need to re-apply for you for the S-pass/make a new application from the beginning but this consider that the company that would like to hire you have enough quota for S-pass and willing to pay the levy for you!

By the way you can also use the MOM EP-self-assesment tool: http://sat.mom.gov.sg/satservlet
and check whether based on your nationality, education qualification, working experience and salary , you are eligible in which category. I know that previously you are holding an EP for a few years but recently MOM has tighten its criteria on giving EP plus that although it is written in their website that S$3300 is the minimum for EP but using the self assessment tool they will give you a more definite and case by case answer according to your personal situation. And this basic minimum salary of 3300 is only applicable for those fresh graduate/new applicants, so if you have been working for a while then I think MOM require you to have a higher salary!

Re:

Posted: Tue, 20 Feb 2018 6:01 pm
by kortizol
Kuzz wrote:companies that intend to hire me have sufficient quota for hiring foreign employment
I wasn't aware this was a factor. Outside an individuals personal application criteria, what else other than Quota sits at the company side - eg, I could be a viable candidate for approval, but company issue a, b, c is preventing my approvals ?

Re: Re:

Posted: Tue, 20 Feb 2018 9:34 pm
by Strong Eagle
kortizol wrote:
Kuzz wrote:companies that intend to hire me have sufficient quota for hiring foreign employment
I wasn't aware this was a factor. Outside an individuals personal application criteria, what else other than Quota sits at the company side - eg, I could be a viable candidate for approval, but company issue a, b, c is preventing my approvals ?
If you are being hired on an S-Pass, then quotas absolutely matter, and if the ratios of citizens to pass holders are on the edge, you may well be denied because of this.

EP's don't officially have a quota, and, it is my opinion that if a company has a large ratio of EP's to citizens, or it is perceived by MoM to not be making sufficient effort to hire locals, or, seems to be hiring slathers of folks from the sub-continent that just happen to look like the hiring manager, then MoM may not grant the EP. It's really up to them.

If you are being hired only on contract, not permanent, it may affect your chances. If you are being hired so that you can be body shopped out to other companies, I judge that seriously impacts your company's ability to get a pass for you. MoM sees you negatively impacting the job market for locals.

And finally, if your pay isn't inline with the norms, you might not get that EP. Norms fall into three categories. First, you're not getting paid enough for the education and experience you bring. 10 years experience and $5,000 a month? Not good. Second, you're not being paid enough for the position you are filling. Senior nuclear engineer at $6,000 per month? Probably won't happen. And finally, if you're only being paid the norm that locals would receive, the question arises: What's so special about you, working for local chickenfeed, that the company couldn't hire a local instead.

Re: Employment pass issue delay - 6 weeks!

Posted: Tue, 20 Feb 2018 9:35 pm
by sundaymorningstaple
From an employers side it is usually one of two things, either lack of quota or a ban on hiring new foreigners due to some issue having been brought against the company that flaunted MOM rules with regard to foreign workers.

Re: Employment pass issue delay - 6 weeks!

Posted: Tue, 20 Feb 2018 11:47 pm
by kortizol
Personally my pass is Perm, relocating from EMEA, rates are inline with benchmarking - perhaps slightly lower but certainly no more than 5/10% off.

Company employs a substantial amount of locals and would have a high ratio in that area I'd expect.

Seems ya never do know though with this process !

Re: Employment pass issue delay - 6 weeks!

Posted: Wed, 21 Feb 2018 12:52 am
by Strong Eagle
kortizol wrote:Personally my pass is Perm, relocating from EMEA, rates are inline with benchmarking - perhaps slightly lower but certainly no more than 5/10% off.

Company employs a substantial amount of locals and would have a high ratio in that area I'd expect.

Seems ya never do know though with this process !
What is "Perm" pass? You get the choices of employment pass (EP). S-Pass, Work Pass. No work pass is permanent... 1 or 2 years, maybe 3 sometimes.

Rates are inline with what benchmark? Local salaries. Salaries normally paid by MNC's to transferred expats? Locals seem to think that "expensive" EMEA expats would get paid more than local salaries because you have been imported because of special expertise.

MNC's get a lot of leeway in whom they can bring in on EP precisely because they hire a lot of locals, and even they are feeling the pressure.