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EP cancellation during garden leave

Relocating, travelling or planning to make Singapore home? Discuss the criterias, passes or visa that is required.
flashn3
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Re: EP cancellation during garden leave

Postby flashn3 » Wed, 17 May 2017 6:03 pm

ecureilx wrote:
flashn3 wrote:what stops me is that I'd like to stay here to find another job as I made the choice to move over here 5 months ago and now I don't want to run out of a sudden. Maybe I'll find a job pretty soon, maybe not in 30 days but since I am renting a flat until (at least) mid sept I'd like to keep staying in paying the rent for other couple of months. That's it.
I'm concern about LL or some other subject find out me keeping living in the flat for a couple of months without EP (on a tourist vis.a likely).


So you want to have the cake and Eat it ? Dont we all want to do that ? :D

Though here, the odds aren't in your favor !!

My 2 cents, choose if you want the money or visa !! Then commit.

In my opinion, you have an employer who is taking the risk to keep you on pass for 3 months, instead of terminating immediately and finding a replacement, especially if their foreigner quota is tight.

Go ahead, push your luck :) Good luck.

WD40, it is illegal to rent while on SVP, so not sure where your logic fits in !! Stand to be corrected.

And any landlord has the right to say NO to SVP visitors, however inhuman it may sound.

After all, there is nothing in the law that says visitors can stay over, and URA and all remind not to rent out to visitors. It is a grey area, and more towards not proper.

I have seen landlords personally tell tenants to leave, when they found their mother/father/relative stayed over for a couple of weeks, as a) the visitor is NOT registered and b) They are NOT resident.


yes, but the anti-harbouring does not apply for overstayers and illegal immigrants?
in the moment I get back with a tourist visa I will be legally entitled to stay for the duration of the visa itself. I will not be a overstayer or an illegal immigrant.
Or am I wrong?

flashn3
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Re: EP cancellation during garden leave

Postby flashn3 » Wed, 17 May 2017 6:07 pm

anyone?

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PNGMK
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Re: EP cancellation during garden leave

Postby PNGMK » Wed, 17 May 2017 9:05 pm

Take the money. Use an SVP to go in and out until the lease expires while looking for a job.
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ecureilx
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Re: EP cancellation during garden leave

Postby ecureilx » Wed, 17 May 2017 9:48 pm

flashn3 wrote:yes, but the anti-harbouring does not apply for overstayers and illegal immigrants?
in the moment I get back with a tourist visa I will be legally entitled to stay for the duration of the visa itself. I will not be a overstayer or an illegal immigrant.
Or am I wrong?


strictly speaking once your pass in cancelled you are not the same tenant who signed the lease, the lease was signed by a pass holder. Who isn't you ?

And I reiterate I met few landlords who have had panic attacks when they found the tenant is a social visa holder. Which is correct. Stop nitpicking. If your landlord tells you to leave, for fear of renting to a SVP holder, what you gonna do ? Go to court ?

Since you decided to stay after cancelling the pass, what's you drift trying to justify your position ? ;)

flashn3
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Re: EP cancellation during garden leave

Postby flashn3 » Wed, 17 May 2017 10:14 pm

ecureilx wrote:
flashn3 wrote:yes, but the anti-harbouring does not apply for overstayers and illegal immigrants?
in the moment I get back with a tourist visa I will be legally entitled to stay for the duration of the visa itself. I will not be a overstayer or an illegal immigrant.
Or am I wrong?


strictly speaking once your pass in cancelled you are not the same tenant who signed the lease, the lease was signed by a pass holder. Who isn't you ?

And I reiterate I met few landlords who have had panic attacks when they found the tenant is a social visa holder. Which is correct. Stop nitpicking. If your landlord tells you to leave, for fear of renting to a SVP holder, what you gonna do ? Go to court ?

Since you decided to stay after cancelling the pass, what's you drift trying to justify your position ? ;)


yes but strictly speaking if I am now a different subject, not the same tenant who signed the lease, then the contract shouldn't be invalid? ;)

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ecureilx
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Re: EP cancellation during garden leave

Postby ecureilx » Wed, 17 May 2017 11:28 pm

flashn3 wrote:yes but strictly speaking if I am now a different subject, not the same tenant who signed the lease, then the contract shouldn't be invalid? ;)


catch no ball.

So if you cancelled the pass, you update the contract accordingly to state your residency as SVP ?

What are you on ?

Go ahead, do what makes you happy.

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Re: EP cancellation during garden leave

Postby Strong Eagle » Thu, 18 May 2017 12:41 am

flashn3 wrote:yes but strictly speaking if I am now a different subject, not the same tenant who signed the lease, then the contract shouldn't be invalid? ;)


You are really overthinking the situation, to little avail.

  1. You have the legal option to take your three months salary, immediately file and take care of your taxes, and within 30 days, leave the country.

    Or, you have the illegal option to take one month's salary, and stay on an illegal EP for 90 days. How this get sorted out with IRAS is beyond me. If you are caught in this situation, you take the risk of being banned from Singapore.

    Conclusion: Do the legal thing, take 3 months salary, pay your taxes, prepare to leave Singapore within 30 days of termination of your EP.

  2. I am not the expert on this topic but I have read enough posts in these forums that when your EP is cancelled, no government agency is going to be interested in extending you a social visit pass. They want you to leave and go back to where you came from, for at least some period of time before coming back on a tourist visa.

    Conclusion: Be prepared to leave Singapore within 30 days of termination of your EP.

  3. While a landlord is required to see proof of residency before renting you a place, I am unaware of any law that requires that they regularly check to see if you still have your residency permit. Moreover, I've never seen a post in these forums about that subject.

    I've never ever seen a post, either, where an EP is cancelled, the former EP holder must leave the country, but the gahmen or someone else decides they cannot live in their place until they leave the country. Never.

    Your machinations about "different subject" or "not the same tenant" are just that... machinations. So what? To whom will you go to prove your point? Or any other point? In what period of time do you think you would get this accomplished?

    Inform your landlord that you have to leave. Work the best deal possible. If your landlord is an a-hole, then leave. You lose your deposit but there will be no recourse upon you to collect uncollected rent.

You are tilting at windmills. Accept your circumstances and deal with reality. Imagining scenarios that will bear you no fruit is pointless.

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Re: EP cancellation during garden leave

Postby flashn3 » Thu, 18 May 2017 12:51 am

ecureilx wrote:
flashn3 wrote:yes but strictly speaking if I am now a different subject, not the same tenant who signed the lease, then the contract shouldn't be invalid? ;)


catch no ball.

So if you cancelled the pass, you update the contract accordingly to state your residency as SVP ?

What are you on ?

Go ahead, do what makes you happy.


you did not get my point. who said to update the tenancy agreement accordingly to your residency as SVP?

I just find the whole rule odd to say the least.
After EP cancellation you are issued an SVP for 30 days to either find a new job or leave the country.
what if you don't find a job in 30 days but e.g. in 45 days? you are forced to leave your flat after paying 4-5-6 months rent in lieu of notice for what, a 15 days delay in your new EP? so after that you rent another accommodation, for only 15 days difference?

I could legally rent the flat when I signed my agreement, it was not dependent on my decision my EP is about to be cancelled because the company decided to pay me three months on garden leave without notice. At the end of the day which difference does it make if pay the rent regularly for another few months as per agreement? I am not an illegal immigrant or someone overstaying his visa.
Whatever, it doesn't matter.

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Re: EP cancellation during garden leave

Postby PNGMK » Thu, 18 May 2017 7:39 am

I think we know now why the OP lost his/her job.
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ecureilx
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Re: EP cancellation during garden leave

Postby ecureilx » Thu, 18 May 2017 7:56 am

flashn3 wrote:you did not get my point. who said to update the tenancy agreement accordingly to your residency as SVP?

I just find the whole rule odd to say the least.
After EP cancellation you are issued an SVP for 30 days to either find a new job or leave the country.
what if you don't find a job in 30 days but e.g. in 45 days? you are forced to leave your flat after paying 4-5-6 months rent in lieu of notice for what, a 15 days delay in your new EP? so after that you rent another accommodation, for only 15 days difference?

I could legally rent the flat when I signed my agreement, it was not dependent on my decision my EP is about to be cancelled because the company decided to pay me three months on garden leave without notice. At the end of the day which difference does it make if pay the rent regularly for another few months as per agreement? I am not an illegal immigrant or someone overstaying his visa.
Whatever, it doesn't matter.


just do it !!

Good luck.

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Re: EP cancellation during garden leave

Postby Strong Eagle » Thu, 18 May 2017 9:25 am

PNGMK wrote:I think we know now why the OP lost his/her job.


Image

kurtrules1
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Re: EP cancellation during garden leave

Postby kurtrules1 » Sat, 27 May 2017 10:07 am

A question related to the rental agreement and balance payment.

If there is no diplomatic clause in your agreement. The rental agreement is for a year and you are forced to leave the country after 6 months as you lose your job and the EP gets cancelled, are you legallaly bounded to pay the balance 6 month rent in advance before leaving or does the settlement invlove forfeit of only the security deposit ?

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Re: EP cancellation during garden leave

Postby x9200 » Sat, 27 May 2017 10:47 am

kurtrules1 wrote:A question related to the rental agreement and balance payment.

If there is no diplomatic clause in your agreement. The rental agreement is for a year and you are forced to leave the country after 6 months as you lose your job and the EP gets cancelled, are you legallaly bounded to pay the balance 6 month rent in advance before leaving or does the settlement invlove forfeit of only the security deposit ?

Sorry, I don't bother to read this whole thread so this is mostly for the post I quoted. It doesn't matter what is your immigration status. You may enter any agreement as allowed by the local law and I see no reason why the rental agreements should be an exception. If you can enter, you will have obligations. If you lose your source of money, it's your problem so you still have the obligations. Think about this, you go to a restaurant and order tons of food. While waiting for the food, your wallet was stolen or you realized you are not that hungry, or the police removed you from the restaurant and detained for whatever reason. Does this mean you are free to walk away without paying?

Specifically for the post above: you are likely to pay as much as judging reasonably will be the damage to the LL. As right now the rental markets is of the tenants, the LL may need some extra time to find a replacement or he needs to accept a lower rent. This is the damage - a few months of rent, prorated commission, difference (if any) in the rent till the end of your original contract. Plus any other expenses the LL had to pay because of your breach.

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Re: EP cancellation during garden leave

Postby kurtrules1 » Sat, 27 May 2017 3:11 pm

I get the logic. My earlier contract, which was a 2 year one, had the diplomatic clause. This one does not. So I was just curious. Thank you for your reply.

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Re: EP cancellation during garden leave

Postby PNGMK » Mon, 29 May 2017 7:32 pm

kurtrules1 wrote:I get the logic. My earlier contract, which was a 2 year one, had the diplomatic clause. This one does not. So I was just curious. Thank you for your reply.


Yes dip clause more common in 24 month contract but nothing to stop you asking for it to be inserted in a 12 month contract before you sign.
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