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WIFE DEPARTED FROM SINGAPORE-MOM marriage restriction policy

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Minke
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WIFE DEPARTED FROM SINGAPORE-MOM marriage restriction policy

Postby Minke » Mon, 20 Jul 2009 3:18 pm

I’m a Singapore PR from Europe and have been working here for more than 6 years in high level positions like VP etc. My relationship with my Asian wife started couple years ago when she was working here on work permit.

She resigned last year and her work permit was cancelled and she flew to her home country right after this and returned back to Singapore couple weeks later. We were not married at this time but had decided to get married in Europe in couple months.

We had also decided to apply long term visit pass for her when she was back in Singapore. I had heard that having a common law marriage certificate from my embassy would help this process so we got it and included it to her ICA long term visit pass application because we were not yet married but were planning to stay together after she had resigned/ her work permit was cancelled. We informed ICA on our upcoming marriage in our long term visit pass application

Two months later, I received a letter from ICA saying that her application wasn’t approved. No reason was given at that time. Two weeks after this, we flew to her home country and when we came back, she wasn’t able to enter Singapore again and was departed without any reason whatsoever. She had never violated any laws of Singapore.

I went over to ICA after this to appeal for her to enter Singapore and received a letter from ICA soon after saying that she’s been banned entering Singapore for contraverting the work permit marriage restriction policy administrated by MOM and that my appeal was referred to MOM

This appeal and the second one I sent to MOM to lift the ban were both rejected. We got married in Europe after this as planned for a long before this ICA/MOM show. I had absolutely NO idea that we would need to ask permission from MOM to get a common law marriage certificate from my embassy since in many countries like mine, common law marriage just means that couple is living together which was our case at that time, not a real marriage.

I’d really love to continue working and living in Singapore but without my wife being here with me it is really hard since she means everything to me. I’ve been spending tons of $ for flights in order to save our marriage. Our plans to have children have also been totally mixed up, big thanks to MOM. I’ve contributed CPFs and paid a lot of taxes in Singapore over the years and I am just wondering if this is the way Singapore is trying to attract and retain foreign talents by departing their wifes from Singapore

Would really appreciate if someone would be able to advice how to solve this issue.
Do you think lawyers could help?
Thanks!

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Postby littlegreenman » Mon, 20 Jul 2009 5:05 pm

Hi Minke,

I am sorry for your situation but to be honest a lawyer won't help much. If you use the search function or have a browse through the forum you will find more posts on this. Singapore is very stringent when it comes to current or former work permit holders. It is a fact that the work permit holder has to ask MOM "for permission" before marrying a citizen or PR. You say you had no idea but she should have known because it was clearly indicated in the papers she signed when she applied for the work permit and she should have never signed something if she didn't understand what it means. So in the eyes of the Singapore Government she has breached this provision and as you might know the government doesn't forget/forgive that easily.

This might sound quite harsh to you and if you ask me Singapore's stance on this is ridiculous but unfortunately they are still the ones making the law and the decisions. If you finally want to live together you might want to start thinking about where else, other than Singapore you could live together. I know/heard of many people who took this to their local MP and asked for support but even this didn't help. Good luck.

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Postby sundaymorningstaple » Mon, 20 Jul 2009 5:31 pm

ftopic24506.html

ftopic36927.html

http://www.filmo.com/spr_procedure.htm (this would have been good had you seen it BEFORE you got married).

Immigration rules have been relaxed to allow Singaporean women who marry foreigners to bring in their husbands. From 2nd Jan 1999 Singaporean woman can sponsor her foreign husband for PR so long as the family has the means to support itself. Foreigners who have ever worked in Singapore under Work Permit scheme must obtained the prior written approval of MOM before contracting a marriage with any Singaporean or SPR. Failure to adhere to this MOM ruling can cause the offending party to be barred from entering into Singapore.

I have the same problem within my extended family. So far not joy. My nephew married a Filipina gal and they have a 13 month old baby. She has been barred from entering Singapore and so far, letters from two of our MP's (both ministers) have had zero impact with MOM. ICA defers to MOM as it's MOM's policy. It sucks, but your wife was told of this policy and it was also in writing. My Nephew's wife has also long finished her contract and they married in the Philippines. What to do??!? My nephew is living with me at the moment so I'm aware of the problem first hand.

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Postby hibri2 » Mon, 20 Jul 2009 6:13 pm

reading this thread made me a little bit curious about the whole thing, i have this question about it:

an EP holder which does not have any intention to apply for a PR at all. that EP holder have a live-in relationship and his/her partner is between jobs, currently under a 90 days social visa while looking for a job.

leaving out the possibility of the partner getting a job hence the rest of the post gets irrelevant...

who has to apply for the long term social visa? the EP holder or the partner? what are the changes of that to succeed?

is this service better suitable for the partner?
Visitor Seeking Employment in Singapore (Long Term)
http://www.ica.gov.sg/page.aspx?pageid=172&secid=171

what about marriage? does that automatically turn the partner into a dependent pass? what applies as legal marriage for that? considering that neither the EP holder or the partner are really into rituals and stuff :-), can "ad-hoc" marriage as it is called in some countries applies?

if this have been discussed ad-nausea somewhere else, just let me know the threads (i read both links above, but they are more about PR)
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Postby littlegreenman » Mon, 20 Jul 2009 7:12 pm

sundaymorningstaple wrote:...letters from two of our MP's (both ministers) have had zero impact with MOM.


For once an agency of the government is independent (which I find excellent). Pity it is on the wrong issue.

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Postby morenangpinay » Mon, 20 Jul 2009 10:12 pm

yeah they have this stupid law....from what i heard (ofcourse its hearsay) they do this to maintain a "quality" populace. I digress..before i say anymore foul language.

p.s. if you want to write another appeal I suggest you write what you just wrote here. That you see no need to remain should you not have your wife present and that you have been paying CPF, TAXES, and contributing to the society and the development of Singapore. Tell them you have been giving employment to Singaporeans and that you will be able to have more focus in your business with your wife here.

If you can, then tell them you are considering other countries as your wife can no longer come to Singapore.

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Postby sundaymorningstaple » Tue, 21 Jul 2009 12:50 am

hibri2 wrote:
if this have been discussed ad-nausea somewhere else, just let me know the threads (i read both links above, but they are more about PR)


Try { defacto spouse } in the search function. Or various permutations of same. Has been discussed a number of times. The EP holder would apply for the LTSVP but unless the relationship can be confirmed to have existed prior to Singaopre I would guess it's doubtful. Probably the only way is a "legal" marriage by the ROV which should allow her to stay on a Dependent's pass.

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Postby hibri2 » Tue, 21 Jul 2009 12:58 am

sundaymorningstaple wrote:Try { defacto spouse } in the search function.


thanks, so LTSV lets say for a boy/girlfriend cant be done? right? it has to be like blood relatives or as you say a relationship before coming to singapore.

quick question, the { }'s are like the " " to search the string as a whole? no wonder i always get thousands of results when doing a very specific search... :-|...
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Postby sundaymorningstaple » Tue, 21 Jul 2009 1:16 am

tick the 2nd box (using all the terms) and also try clicking show threads instead of show posts (I usually try it both ways).

If the defacto relationship existed before arrival in Singapore a Notarized Statement to the same from you embassy (if obtainable) will normally suffice. It problem is relationships that have been entered into while residing in Singapore......

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Postby hibri2 » Tue, 21 Jul 2009 1:22 am

sundaymorningstaple wrote:tick the 2nd box (using all the terms) and also try clicking show threads instead of show posts (I usually try it both ways).


got it, thanks!

sundaymorningstaple wrote:If the defacto relationship existed before arrival in Singapore a Notarized Statement to the same from you embassy (if obtainable) will normally suffice. It problem is relationships that have been entered into while residing in Singapore......


i see... little bit backwards isn't it?

thanks!
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Postby Minke » Fri, 24 Jul 2009 1:54 pm

Thanks all for your kind help! Further to my case (wife departed from Singapore due MOM marriage restriction policy), do you think my embassy would be able to help? Maybe writing an appeal letter or contacting MOM directly? Just want to highlight that we only got the common law marriage certificate from my embassy which is not that official as real marriage certification..
Any othere possible creative ways? Remember, if there is no solution, there is no problem:).

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Postby sundaymorningstaple » Fri, 24 Jul 2009 2:37 pm

If letters from ministers from the PMO & MFA doesn't help. I can guarantee you that, first of all, your embassy, other than notarizing a statement of co-habitation (providing they will), will NOT interfere in the affairs of Singapore. About the only time that will happen is in the case of a capital crime.

You last line has got to be a joke right? (you've been to too many seminars!) There is a solution. Live somewhere else. This policy has been in place for over 20 years (I had to sign a letter indicating that my marriage to a Singaporean would in no way guarantee my acceptance as a PR subsequently. However, glad to say some 5 years down the road, after two application and one appeal I finally got my PR (but not the most direct route). Unfortunately, Singapore is a Sovereign Nation and therefore can make it's own laws and govern as it sees fit. They have proven in the past the they will also cut off their nose to spite their face when trying to prove a point. I honestly believe the book "The mouse that roared" Was modeled after Singapore. :-|

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Postby Minke » Fri, 24 Jul 2009 6:20 pm

Dear moderator. I fully disagree with your solution *Live somewhere else*, thats like giving up. There will be away..

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Postby hibri2 » Fri, 24 Jul 2009 7:09 pm

Minke wrote:Dear moderator. I fully disagree with your solution *Live somewhere else*, thats like giving up. There will be away..


hello,

i understood that your partner had been banned from singapore, right?

if it is a permanent ban, well, i will agree with sundaymorningstaple, and if i remember correctly, most immigrations forms ask if you have been ever rejected entry or banned from a country before, so the situation is not really positive for other places...
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Postby sundaymorningstaple » Fri, 24 Jul 2009 8:54 pm

Minke wrote:Dear moderator. I fully disagree with your solution *Live somewhere else*, thats like giving up. There will be away..


Sure there is, smuggle her in and have her locked up in your flat as if she get caught she get caned and so will you, then once out of prison both will be deported.

You are fully welcome to disagree with me. It's only my anecdotal evidence of over a quarter of a century here and having dealt with immigration and MOM virtually daily for the last half of those years, both in a professional capacity and as already related above, in a personal capacity forl both myself and my efforts for my nephew as well (And I am also a grassroots leader in our constituency as well). So please, be my guest. Who knows, there might be a first. Stranger things have happened. But, frankly, I seriously doubt you have the clout to pull it off. Another Don Quixote tilting at windmills.

Oh, you'd be surprised at the number of couples like the OP who are living in JB in Malaysia just because the husband works in Singapore but the wife cannot because of the MOM restriction not being followed properly.


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