Employee vs Contractor – getting an EP

[BrendonJ]

Hi all,

The company I’m looking to come work for is saying they would prefer me to invoice them rather than being an employee. So I suppose I would have to set up my own company? I bit like contracting in the UK contracting market I suppose.
How would that work if I have to apply for a EP (and DP for my girlfriend)? Or is it better to put some pressure on them and become an employee?

Many thanks,
BJ

[sundaymorningstaple]

Two things. First you need to be an employee as the rest is just to convoluted and not likely to happen anyway. Secondly, even if you get an EP, you will not be able to get a DP for you girlfriend. The most she can hope for is a bog standard Social Visit Pass for 90 days. After that she will have to leave Singapore for a week or so and come back and possibly get another 90 days. but after she hits 180 days in Singapore, she probably not be allowed back in for six months minimum.

The only other alternatives is for her to find a job and get an EP in her own right OR for the two of you to marry before you come here. Then she can get a DP.

There was one other alternative if you could get a document from the British embassy verifying that you are and have been in a de facto or common law marriage. From what I understand, this has not been possible for a number of years. It wasn't possible at some point before 2015. I didn't check our archives any further back than that.

[PNGMK]

I agree with SMS with one slight variation - you could possibly do this via a contracting company (not yourself).

And yes, leave your GF at home or marry her. There's no in between. You can blame two things; your British diplomats and gay marriage (anyone else regular here notice that the countries allowing gay marriage are suddenly running into this no defacto business a bit more?).

[Strong Eagle]

Adding onto what SMS said: If you work and reside in Singapore, you need to be working for a Singapore registered legal entity, like a private limited corporation.

If your company doesn't have a legal presence in Singapore, they can't send you here to work for them.

If they want you to "invoice" them as a contractor, then you will need your own registered company to work for in Singapore, and this is not simple or cheap. There are many threads on this subject.

Bottom line: Your company is going to send you here to work for their legal entity business incorporated in Singapore, and that business is going to apply for an EP for you. Any other game will be much more costly, time consuming, and the results of you getting your EP not at all guarnateed.

PS: You can't get a residence permit for your girlfriend, as SMS has noted. The UK does not recognize common law marriage, therefore, no high commission will issue any sort of letter to certify that you are common law married. Without that, or without actually being married, Singapore will not issue a DP residence permit to a girlfriend.

[Strong Eagle]

I agree with SMS with one slight variation - you could possibly do this via a contracting company (not yourself).

I have heard of this "solution" but have never once ever found someone who would actually be the contracting company and hire this fellow to get an EP.

I looked into this angle from the opposite direction... I was considering if my company would consider being the legal entity for a fellow that wanted to come over and work.

I would have all the legal liability for the business conducted, as it would be my business being conducted with the other firm, even though it's my (fake) employee doing the work. I have to invoice, collect, report, and pay the salary of the contractor. I am responsible for this contractor turning into an arsehole and violating the laws. I wouldn't consider it, except for someone that I know well, and even then, at a substantial markup over the contractor's day rate.

[BrendonJ]

Thankyou for the replies, much appreciated.
We are engaged so it looks like we will have to move the wedding date forward and then apply for an EP and DP.