Set up my own company and now applying for Employment Pass

chrisso · Post by **chrisso** » Mon, 10 Apr 2006 9:55 pm

Hi there. Am wondering if anyone out there can help with any experiences which are related. My situation is that I am an EU citizen and married to a Singaporean. I have children who are Singaporean citizens.

I moved to Singapore in December 2004 and applied for a LTSVP which was originally granted to me for 6 months and then extended again for 6 months and then another extension for 2 months. The ICA then replied to my application (or rather to my wife since she was the sponsor) that they would not accept my application since she is not employed and neither am I.

Anyhow I now formed a company here in Singapore and have submitted an application for an employment pass for myself. I have declared a monthly salary of S$ 4000. Do you think that the employment pass will be granted? I am holding a business degree and have secured a indefinite time period consultancy contract with an international firm. My base of operation will be Singapore.

Does anyone know of any similar situations. The company I formed does not employ any persons yet. I will be the first employee - am also the sole shareholder.

Hoping to hear from some of you.

Thanks.

Post by **Strong Eagle** » Mon, 10 Apr 2006 10:17 pm

Depends upon a lot of things. Did you form a private limited company? If yes, good points. What is the quality of your business plan? Clear, concise with consistent pro forma financials and financial plan? Are you investing capital? Good point. Does your plan include the taxes you will pay and the people you will hire later?

You need to describe a viable business and prove its viability with a marketing plan, sales plan, and pro forma financials. MOM hires some of the best and brightest to look at business plans... if you haven't done your homework, they will eat you. If you've got a good plan, they will approve you.

chrisso · Post by **chrisso** » Wed, 12 Apr 2006 5:41 pm

Hi thanks for your reply. Well yes I did form a private limited company. However at this stage I did not prepare a business plan. Since my wife is Singaporean she was the other Director in the company and so did not have to prepare and submit one in order to set up the company. I believe that I would of had to do that if I opted to go for the EntrePass - thereby not having to need a local Director.

Any input?

Chris

Post by **Strong Eagle** » Thu, 13 Apr 2006 12:14 am

chrisso wrote:Hi thanks for your reply. Well yes I did form a private limited company. However at this stage I did not prepare a business plan. Since my wife is Singaporean she was the other Director in the company and so did not have to prepare and submit one in order to set up the company. I believe that I would of had to do that if I opted to go for the EntrePass - thereby not having to need a local Director.

Any input?

Chris

Preface: I am not a lawyer and neither am I an immigration expert. What follows is my understanding of MOM and the (secret) criteria they use in issuing employment passes.

First, you may succeed with a plain old employment pass but I believe it will be scrutinzed very thoroughly. It normally takes 3 weeks for a pass... if you are under this then hang on... if over, I think you have problems.

It will be patently obvious to anyone looking at your record that you are attempting a resident visa and employment after losing your LTSVA pass. Setting up a new company is real easy... demonstrating that the new company must have the services of an EP will be more difficult, especially since they know nothing of the company that was set up. My guess is that it is at best 50 percent that you will get your EP.

You say that you have a long term consulting contract. Is this what is paying you guaranteed money? Is MOM aware of this contract? If yes to both, then you have a good chance, if no to either then you haven't submitted much evidence as to your economic viability.

I think they will reject your application. You see, you are a foreigner, and you intend to be a director and an employee. The problem is that even though your wife set up the company you are still essentially an entrepreneur, coming to set up a company. I think they will send you a letter telling you that you need to apply for an Entrepass. If you were a passive director or stockholder you would not need any employment pass; since you want to be active in a start up as a foreigner, I believe you will need to apply for an Entrepass.

There are advantages in an Entrepass. You can build the business plan that convinces them that what you want to do is viable. Renewal is based upon company success, not your salary.

Let me know if you get the pass.

fx8fx · Post by **fx8fx** » Fri, 14 Apr 2006 9:35 pm

ANY regional Rep here ?

Whether you should provide the bank guarantee to MOM for the EP , or Rep Office could be a sponsor ?

Tks

chrisso · Post by **chrisso** » Thu, 20 Apr 2006 4:19 pm

Thank you Strong Eagle. Will let you know how it goes. I have mentioned to MOM in my application that I do have an indefinite contract with a client which will basically fund the company and my salary. We will see.

I understand your points although I can assure you that it is all legit on my side. I mean after all do you think that they would deny me staying in Singapore when my wife is Singaporean...we have three children and we have just realised another on the way....I have a job confirned with the company I set up....will pay taxes....have made it clear that I want to apply for PR and so pay CPF.....I mean would they really deny this "right"?

I appreciate all your comments - they were very useful to me.

Post by **jpatokal** » Sat, 22 Apr 2006 8:32 pm

chrisso wrote:I understand your points although I can assure you that it is all legit on my side. I mean after all do you think that they would deny me staying in Singapore when my wife is Singaporean...we have three children and we have just realised another on the way....I have a job confirned with the company I set up....will pay taxes....have made it clear that I want to apply for PR and so pay CPF.....I mean would they really deny this "right"?

Charity and compassion are not factors here. Their bureaucrats have a list of criteria you have to meet and they'll check it twice -- if you don't measure up, then too bad.

chrisso · Post by **chrisso** » Sat, 22 Apr 2006 10:43 pm

hmmmm well i guess we will just have to wait and see and trust in the path that we have decided to pursue.

Vaucluse · Post by **Vaucluse** » Wed, 26 Apr 2006 9:24 pm

Chrisso - I recently chucked in a well-paying job with an IT company and registered a company and applied for an Entrepass. A very good business plan is an absolute must and the MoM doesn't give a 'tupence (like that Plavt and Saint?) about what should be right and morally correct. They are the Ministry of Manpower. Full stop.

Neither my wife nor I are Singaporean, but we received the Entrepass two weeks after applying.

Follow SE's advice and heed his words, he is very clued up on this. If you need anything, in terms of tips or the like from someone who just did what you will, please PM me and we'll have a chat.

Good luck, mate

chrisso · Post by **chrisso** » Mon, 22 May 2006 9:25 pm

Hey guys - well good news. I just got a call from MOM today saying that my employment pass application was approved. SE - they did ask for some further documents to show that I was in negotiation with my already secured client which I forwarded them...

So all is good...

Thanks for all your worthwhile advice.

Chris

mairaj · Post by **mairaj** » Sat, 05 Aug 2006 3:58 pm

Hi there,

can anyone apply for Entrepass from outside of the singapore and without having a singapore mailing address...............please advise.

best,

Post by **Strong Eagle** » Sat, 05 Aug 2006 5:58 pm

mairaj wrote:Hi there,

can anyone apply for Entrepass from outside of the singapore and without having a singapore mailing address...............please advise.

best,

In spite of the fact that I gave them a US based address, MOM still insisted on sending all mail to a Sing address. So, from my experience, you will need a Sing address.

I could provide that. Email me with more details.

mairaj · Post by **mairaj** » Sun, 06 Aug 2006 1:12 pm

hey wayne,

I messaged you already but no reply from your side. please when you get time do get back to me, we need to talk.

Profound Regards,
mairaj

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