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Facing employment pass issue Please Help

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Facing employment pass issue Please Help

Postby xxxx » Wed, 17 Aug 2016 1:47 am

Hi all,

I want to share my problem I’m currently undergoing. I hold a master’s degree from the NTU Singapore and I have been working in Singapore till 2016 February. Due to some personal issues I moved out of Singapore resigning my previous job. After a month I started looking for jobs in Singapore and attended an Interview with Company A and I got an offer from the company. Company A applied Employment pass in the month of May. The Pass status is Still pending its almost 3 months since the pass applied every time I enquired the reply was we are waiting for MOM’s outcome it might take 3 to 4 months.
Recently I attended another interview with Company B and got an offer from that company. When Contacted MOM I was informed when there is a visa application pending the next employer cannot apply visa for the same FIN no.
I approached Company A seeking them to withdraw the application as I have already waited too long more than 3 months and I have been surviving without job for 3 months which is affecting me both financially and my career too. Company A is refusing to withdraw the application and they state the reason that they have proceeded the application after me accepting the offer. I accepted the offer assuming I would be starting my work from June but I never got any proper response from Company A regarding the Visa status till now it shows Status pending when checked online. Company A is kind of threatening me that they will report to MOM and they’ll blacklist me from entering the country again. But I never turned down their offer I waited for 3 months for the approval of my visa and I cannot be jobless for so long as it is affecting my personal and professional life. I cannot afford to lose the offer made by Company B and I have no idea how to proceed with this issue.
Has anyone faced similar experiences if so please help me out of this issue?
Can the Second employer apply visa when there is already a visa on Pending?
How do I make the Company A withdraw the application? They have stopped responding my mails and calls.
I have worked in Singapore for more than 4 years on Employment pass I never had any issues regarding visa approvals every time I change company. Even with the previous employer I moved out with a proper resignation and surrendered my visa before leaving the country.

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Re: Facing employment pass issue Please Help

Postby x9200 » Wed, 17 Aug 2016 7:15 am

It looks like like you assumed that for the company B you were going to get the EP instantly. I think it is a very wrong assumption. Besides, yes, MoM seems not like too much job hopers (who does?).

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Re: Facing employment pass issue Please Help

Postby BBCWatcher » Wed, 17 Aug 2016 7:40 am

xxxx wrote:....I have been surviving without job for 3 months which is affecting me both financially and my career too.

You can solve those problems: take a job where you already have work permission.

Meanwhile, you've already notified Company A that you are no longer interested in their offer. Leave it at that, and inform MoM that you'd like that EP application cancelled (if that's what you want). MoM may or may not honor your request. If MoM doesn't, and if that EP is approved, tell MoM you'd like it cancelled. If, after all that, Company B is still interested in pursuing an EP for you, they can do that. Company B may or may not be able to get an EP for you, and it could also take months even if they are successful.

Delays here are unavoidable, and the delays could be permanent (meaning, no approval). So see point #1 above.

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Re: Facing employment pass issue Please Help

Postby x9200 » Wed, 17 Aug 2016 8:44 am

Let's not forget he is legally bind by the contract signed with Company A. Nobody knows what is in that contract and what are possible escape routes. Regardless potential legal action (whether anybody will be bothered), I really doubt MoM likes contract breakers too, especially that it doesn't look Company A did anything wrong.

If he really wants to have a better chance for working in Singapore I would rather suggest to make a peace with Company A, work there for some time and only later look around for a new job.
While waiting for the EP outcome, the OP should pick up a temporary job in his CoO.

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Re: Facing employment pass issue Please Help

Postby sundaymorningstaple » Wed, 17 Aug 2016 10:12 am

According to OP's original post, he's not yet working for Company A as his work visa application is still pending since May. All contracts, as I understand it, are only valid pending approval of the relevant work visa. The problem as I see it is whether OP can avoid issuance of the pass. I would think, in the case of recalcitrant employers who will not withdraw an application, in the past the applicant could go directly to MOM and request withdrawal of an application. Whether or not this is still possible I don't know.

What I do know, however, is that if the application is withdrawn, is the new employer willing to wait maybe 3 or 4 months before the OP can start work? Or will the OP have enough funds to be unemployed for another 3 or 4 months?

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Re: Facing employment pass issue Please Help

Postby BBCWatcher » Wed, 17 Aug 2016 10:24 am

x9200 wrote:Let's not forget he is legally bind by the contract signed with Company A.

Maybe, but all such contracts must operate within the law. (I agree with SMS.) Work permission has not been granted, and it may never be. Contract or not -- and there are plenty of legal contracts that cannot be practically enforced -- it's not surprising that companies lose recruits when their EPs take months to be decided. From the Ministry of Manpower's perspective, that's a feature, not a bug.

It certainly sounds like the original poster has already decided to break whatever contract there is with Company A and that Company A knows they've lost their recruit -- and good riddance. "Bridge well crossed," in other words. As reported, Company A isn't even responding any more. Understandable! Why would Company A want to hire the original poster now? If you burn a bridge, you burn a bridge. Company A is doing exactly what it probably should be doing, which is nothing -- i.e. leaving the EP application in the system since lifting a finger costs them something.

Yes, I also (obviously) agree with SMS that the original poster can try contacting the MoM to request cancellation of Company A's EP application. (With whatever contractual consequences are on his head already on his head.) Even if the cancellation is granted, that does not mean that Company B's EP application will proceed any faster. It could proceed even slower, or it could be denied.

Not well played, xxxx. :( You'll have to find a job (and source of income) in whatever place you already have work permission -- and you should have done that months ago, but better late than never. Then, while employed, maybe take another run at Singapore (and probably with a Company C), with absolutely no guarantee that another EP application will be approved on any particular schedule you might desire.
Last edited by BBCWatcher on Wed, 17 Aug 2016 10:35 am, edited 2 times in total.

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Re: Facing employment pass issue Please Help

Postby x9200 » Wed, 17 Aug 2016 10:30 am

I think it is a bit more complicated as not all the contract clauses may get invalidated, but regardless, say, MoM approves his pass and the contract kicks in. Avoiding to collect the physical pass or asking for cancellation will (may) not change the contract validity.

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Re: Facing employment pass issue Please Help

Postby BBCWatcher » Wed, 17 Aug 2016 10:34 am

Seeing a copy of the contract would be "fun." But let's be realistic here. There's no EP -- it hasn't been approved, after months, and it may never be. Company A lost a disloyal employee, and that employee isn't going to work in Singapore any time soon. Everybody loses except resident workers. That seems reasonable. ;)


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