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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.
The Ref
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Re: EP cancellation during garden leave

Postby The Ref » Tue, 30 May 2017 8:21 pm

My 2c
I was in a similar position except I have a PEP so I didn't have one issue, however I looked into the legalities of my ex continuing her lease on a SVP.

Basically my recommendation is this:
a) Take the 3 months cash - cash is what helps you survive here. Cash is more important than EP.

b) Give notice on the diplomatic clause that you will move out after 8 months - the 6 months plus 2 - however inform the LL that you are informally informing them now so as to give a heads up and you will be invoking the diplomatic clause at the 6 month mark. You have a legal lease and are under no obligation to change that lease - it is still legal for you to continue paying and holding it as the legal lease entitles you to. This allows the LL to think about it early and lessen the shock to them, meaning it may be easier when you actually move out.

b2) if you get a job before the 8 month period you have the option of renewing your current place (trying to negotiate a lower rent), informing the LL you wish to continue with the lease (they will be happy because there are so many vacant places) of finding a new lease.

c) after 30 days leave the country for a week - a trip home may be best. If ICA question you on the way back you are finishing up your affairs here, looking for a new role (which is legal) and packing your belongings to leave the country permanently. they should give you 60 days (although that depends of where you come from). You will need a return ticket for 60 days time with the knowledge you may not be given that time on your SVP.

All above board, legal, and keeps your options open.

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x9200
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Re: EP cancellation during garden leave

Postby x9200 » Tue, 30 May 2017 8:38 pm

The Ref wrote:You have a legal lease and are under no obligation to change that lease - it is still legal for you to continue paying and holding it as the legal lease entitles you to.

Yes the lease is legal but not necessarily the right to occupy the premises. These are two different things. Having said that, I yet to have to see any legal base proving such occupation illegal.

The Ref
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Re: EP cancellation during garden leave

Postby The Ref » Tue, 30 May 2017 8:57 pm

x9200 wrote:
The Ref wrote:You have a legal lease and are under no obligation to change that lease - it is still legal for you to continue paying and holding it as the legal lease entitles you to.

Yes the lease is legal but not necessarily the right to occupy the premises. These are two different things. Having said that, I yet to have to see any legal base proving such occupation illegal.


IANAL - but I asked my lawyer who said it was ok. I am not really sure on what grounds, but I know there is no obligation to inform anyone (other than your employer informing MOM) if your status changes.

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x9200
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Re: EP cancellation during garden leave

Postby x9200 » Tue, 30 May 2017 9:12 pm

And I see no reason why it should be illegal. This whole "threat" is IMHO mostly to make the LLs vigilant and less opportunistic towards renting apartments to those who have no right to remain in Singapore.

If we analyze the wording of this document:
https://www.ica.gov.sg/page.aspx?pageid=328
There is nothing that may prevents people who has any right to remain in Singapore to continue their lease.
Every single paragraph is about harbouring overstayers and/or illegal immigrants. Having an EP canceled while still under STVP doesn't make one the said category.

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Wd40
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Re: EP cancellation during garden leave

Postby Wd40 » Wed, 07 Jun 2017 6:44 pm

x9200 wrote:And I see no reason why it should be illegal. This whole "threat" is IMHO mostly to make the LLs vigilant and less opportunistic towards renting apartments to those who have no right to remain in Singapore.

If we analyze the wording of this document:
https://www.ica.gov.sg/page.aspx?pageid=328
There is nothing that may prevents people who has any right to remain in Singapore to continue their lease.
Every single paragraph is about harbouring overstayers and/or illegal immigrants. Having an EP canceled while still under STVP doesn't make one the said category.


This is exactly what I said in my comment before. Thanks for confirming :)

physice
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Re: EP cancellation during garden leave

Postby physice » Fri, 14 Jul 2017 9:10 pm

flashn3 wrote:H all,

1) the company will pay me 3 months salary in lieu (notice period in the contract is 3 months either party) but will cancel my EP straight away.
2) the company and I can agree on 1 month salary in lieu rather than 3 months but in this case the company will cancel the EP in 3 months.

Thank you in advance for any suggestion.


Be careful for your tax clearance if you choose option no 2 (I know a few people that choose option 2. Apparently it's quite common in SG). IRAS may question why your reported salary is incorrect, bcoz it's 2 months less from it should be. And your company also may be questioned by auditor (big company usually must go through auditing per few years).

Better not play with IRAS, you may get banned from SG instead. Safer to choose option 1, and ask STVP from your ex-to-be-company. If you have very good profile, it's very possible for you to land new job within 1 month and get applied new pass.


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