HELP! EP under my Sole Prop may be cancelled

[AmCan]

Hi all,
I have a Sole Proprietorship in SG (as a foreigner) and my EP is thru this. It's time for renewal, and there's high chance MOM will not renew it. I'm thinking thru a couple of options and wish to get advice.

Option 1: Apply for DP under my spouse (who is on EP w/MNC here). I can do this and get LOC from a company to work for. However, I did receive a contract to represent a company in Asia but they are not set up here and do not wish to be. Hence, they cannot apply for LOC for me. So this comes to my 2nd question:

Option 2: If I do not apply for DP, but instead take / cont the role to rep the company in Asia as if they are hiring me in US (I'm American), how often can I enter SG? and for how long? Although many contacts and meetings will be in SG (as is my family), many mtgs / contacts are also throughout ASEAN, so not all time needs to be spent in SG.

We also have a condo in Malaysia, which I can jump out to when needed. So my question really is how feasible is it to service "Asia" and "SG" as if residing in US. With Family still residing in SG, I have a place to stay. But How often / how much can I come in and out of SG 'for business'? And is it likely they'll grant me SVP greater than 30 days, esp after a few times of doing this? Other dilemma may be airline requesting for 'onward' ticket.

Anyone w/experience doing this? I realize it's a bit trying to 'fly under the radar'. Any suggestions, encouragements / discouragements, and opinions welcomed.

[rajagainstthemachine]

1. why do you think your current EP will not be renewed? any particular reason you forsee?

2. Applying for a DP via a spouse shouldn't be a problem, that way you can continue your residence here legally.

3. you need an LOC from MoM to work only if you are hired by an employer who is based in Singapore
( others can correct me if needed), if you intend to work for a company which isn't based here.

4. If you don't apply for a DP, you aren't legally a resident here so the visa rules apply automatically. You might be able to make it in and out of Singapore based on your passport/visa conditions, but it isn't a given that you'll be admitted in every time on an SVP.

5. My advice to you is to take a DP under your spouse ( if your EP isn't renewed), get legal residency status first and then figure out what to do from that point on.
that would be the safest alternative at this point.

Strong Eagle would be able to help you more regarding your sole Prop issue if you shed more light on why its not being renewed.

[Strong Eagle]

You cannot legally do what you are proposing. If the company intends to do business in Singapore, then it either needs to have a legal entity established or you need to provide the legal entity and contract to the company. You also need to have legal residence and without a DP or EP, you can't work or live.

You will get whacked with option 2. Sooner or later someone is going to want to know how/why someone on a tourist visa keeps coming back to Singapore to a particular single family residence. You also run afoul of the tax authorities. Bad idea all the way around.

Your options are:

a) Use the contract as the underlying reason for renewing your EP.
b) Go to DP and use the contract with your SP as the underlying reason for getting a LOC.
c) Have the foreign company create an entity in Singapore and then have it apply for LOC or EP as above.

[AmCan]

Thanks for the replies. I pretty much was leaning the way Strong Eagle mentioned/discouraged, of not doing option 2. Just too stressful to watch over one's back constantly. However, you raise an alternative I had not considered, which is that the Sole Prop biz (under ACRA) still remains a biz despite whether I get the EP renewed. I wonder if MOM would / can grant a LOC thru this S.P.
Thanks all...

[Strong Eagle]

I wonder if MOM would / can grant a LOC thru this S.P.
Thanks all...

See the first thread in this Careers forum. I assume you think your EP won't be renewed for not meeting salary requirements?

[AmCan]

Correct. OK, I'll check the initial thread in the Forum. Thanks!