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Overstayed, how serious?

Relocating, travelling or planning to make Singapore home? Discuss the criterias, passes or visa that is required.
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Umbrella&Rain
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Overstayed, how serious?

Postby Umbrella&Rain » Wed, 14 Aug 2013 7:18 pm

Hi,

I want to share my experience and want to ask for some advice.
The whole thing start from Renewal of S-Pass, my company renew my S-Pass one month before expiry date,MOM approved my renewal in one day.
In IPA letter said need to finish formality before September 11. So I feel very safe and sound.
Travel oversea, come back and keep working. Forgot one thing, my S-Pass expiry date is 5 of August. On 14th of August, my company issue my new pass.
Viola, Overstayed :(
Pay fine, print warning letter( Its serious offence to overstay, but will compound my offence if pay fine etc etc)
Now waiting for my new shiny card to arrive.
The whole thing is just so silly and stupid, I also feel very stupid. In the end I just blame myself for not chasing after silly and incompetent HR, for forgetting such important thing.
Now the thing eating me inside is
How serious is this?
This will haunt me forever for sure(so long as I work in Singapore), but will affect my future immagration matters in singapore? Like change company, apply for PR etc?
Is that consider criminal record of some kind?
Phewww, any advice or opinion will be appreciated.

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Postby Wd40 » Wed, 14 Aug 2013 7:33 pm

Damn! Thats so silly man. I dont understand why people take immigration related matters so lightly and that too a country like Singapore :o

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Postby bloodhound123 » Wed, 14 Aug 2013 8:59 pm

Under what section where you charged? Not all offenses are criminal in Singapore. There is a list of offenses that get registered in your criminal records and you can confirm that by either logging in here

http://www.spf.gov.sg/epc/spentenquiry_info.html


If you see this message -

"This amendment however does not apply to you as you may either not have any criminal record or your criminal record is not eligible to be marked as spent."

it implies that you either have no criminal record or you have committed an offense which can never be "expelled" frfom their system ( for very serious crimes like drug abuse, rape etc ). You need not bother about the latter since you would have been repatriated had you committed one of them.

OR by manually checking that the section under which you were charged in not listed in these schedules ( these are the minor registrable criminal offenses)

http://www.spf.gov.sg/faqs/doc/first_schedule.pdf
http://www.spf.gov.sg/faqs/doc/second_schedule.pdf

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Postby bloodhound123 » Wed, 14 Aug 2013 10:06 pm

I think you should be ok. Were you charged under Immigration Act 15(1) for unlawful presence in Singapore? This is NOT a criminal offense if you don't overstay by more than 90 days, in case of which there is a mandatory custodial sentence and caning.
However this would surface everytime you make a new application either for pass applications/PR applications and you would need to declare it. If I were you I would write a letter stating my momentary lapse at that time and stating reasons/evidence as to why I would not commit this offense/any offense again.

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Postby bloodhound123 » Wed, 14 Aug 2013 10:20 pm

This will haunt me forever for sure(so long as I work in Singapore), but will affect my future immagration matters in singapore? Like change company, apply for PR etc?


You would need to declare this on all visa pertinent applications for any country ( not just Singapore ). You might consider not disclosing it, but remember that Singapore shares information with most countries of interest and not disclosing this would have serious consequences.

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Postby x9200 » Thu, 15 Aug 2013 5:57 am

OP, unless the period 5-14 counts to you annual leave you may have much serious bomb ticking in your closet.

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Postby ecureilx » Thu, 15 Aug 2013 10:07 am

bloodhound123 wrote:
This will haunt me forever for sure(so long as I work in Singapore), but will affect my future immagration matters in singapore? Like change company, apply for PR etc?


You would need to declare this on all visa pertinent applications for any country ( not just Singapore ). You might consider not disclosing it, but remember that Singapore shares information with most countries of interest and not disclosing this would have serious consequences.


I may be wrong, but no and no ..

overstay, but just a warning is good to go ..

Been there, done that .. and recently, assisted a person who had also overstayed for 2 weeks, due to some mix up in date ..

What happened was - Online extension say, you arrive on 1st of a month, apply extension on 15th, the extended visa runs from expiry of previous visa, i.e. from 30th day, another 30 day

Now if you go to the counter, on the 20th day of your first arrival, they stamp 30 day from the day they extend .. that was the mix up recently ... and when went back to ICA to extend again, they asked to write a love letter stating the reason, gave a fine to be paid, and a letter and that wsa it ..

Now if the person was charged, severity varies ..

PS: I am not encouraging overstaying but .. don't tempt your fate, if you can avoid it ..

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Postby bloodhound123 » Thu, 15 Aug 2013 11:29 am

x9200 wrote:OP, unless the period 5-14 counts to you annual leave you may have much serious bomb ticking in your closet.


Why do you say this if he was let off with a fine and no further action taken against him?

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Postby x9200 » Thu, 15 Aug 2013 11:46 am

bloodhound123, you've got PM.

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Postby Umbrella&Rain » Thu, 15 Aug 2013 1:55 pm

bloodhound123 wrote:I think you should be ok. Were you charged under Immigration Act 15(1) for unlawful presence in Singapore? This is NOT a criminal offense if you don't overstay by more than 90 days, in case of which there is a mandatory custodial sentence and caning.
However this would surface everytime you make a new application either for pass applications/PR applications and you would need to declare it. If I were you I would write a letter stating my momentary lapse at that time and stating reasons/evidence as to why I would not commit this offense/any offense again.

hi !
Yes, the letter stated Section 15(1),Chapter 133.
And I have to pay fine $100 together with my new card fee $80 by enets .
My first idea is to call or email to explains, but I don't even know where should I start. My case seem pretty much slum dunk, don't even ask me for any explanation nor my presence .
So this morning I call one of my friend who work in HR to ask her opinion and she said my case like that are not uncommon especially for WP holders. Incompetent HR and blur blur employees did that kind of mistakes.Oooops ! She tell me not to sweat it, sure I have a black spot with ICA here and that will follow me forever but this matters doesn't concern with visa applications for other countries.
So there is that, but I am still hanging on the cliff .


x9200 wrote:OP, unless the period 5-14 counts to you annual leave you may have much serious bomb ticking in your closet.

Count to my annual leave? May I ask you to elaborate a bit further? Thanks!

ecureilx wrote:I may be wrong, but no and no ..

overstay, but just a warning is good to go ..

Been there, done that .. and recently, assisted a person who had also overstayed for 2 weeks, due to some mix up in date ..

What happened was - Online extension say, you arrive on 1st of a month, apply extension on 15th, the extended visa runs from expiry of previous visa, i.e. from 30th day, another 30 day

Now if you go to the counter, on the 20th day of your first arrival, they stamp 30 day from the day they extend .. that was the mix up recently ... and when went back to ICA to extend again, they asked to write a love letter stating the reason, gave a fine to be paid, and a letter and that wsa it ..

Now if the person was charged, severity varies ..

PS: I am not encouraging overstaying but .. don't tempt your fate, if you can avoid it ..


Hi thanks for the words.
I am just grateful that I will be working here 3 more years and times to plan ahead.
Can I ask is there anyone with a brush of taint in the past like me, but still able to make a living here in singapore?

I know things varies from individuals to individuals, but if I am sure that there is no way that I can secure any more pass in the future, I need to go for PlanB.
I do have strong family ties(parents are PR,siblings are citizens) and finish my education here. They are the only reason I tried that hard to remain in lion city.

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Postby ecureilx » Thu, 15 Aug 2013 2:10 pm

Umbrella&Rain wrote:I know things varies from individuals to individuals, ...


The part you highlighted, that is my view .. .. :)

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Postby Wd40 » Thu, 15 Aug 2013 2:38 pm

Umbrella&Rain wrote:
x9200 wrote:OP, unless the period 5-14 counts to you annual leave you may have much serious bomb ticking in your closet.

Count to my annual leave? May I ask you to elaborate a bit further? Thanks!


So far, its only the overstaying offence that you have been charged for. I think X9200 is hinting towards "Working without a valid pass" offence.

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Re: Overstayed, how serious?

Postby li190645147 » Tue, 22 Sep 2015 5:47 pm

Hi,

Hope you are doing well these years! Thank you for your information event it was posted almost 2 years ago.

I am a student pass holder with a local university. Due to my own neglect, I made a mistake when applying for renewal of my student pass.

"Overstaying for fifteen days", Section 15(1) and Chapter 133. Same as your case with 100 dollar fine.

I have got my new student pass anyway after paying the fine with an letter of explanation.

However, I am just curious that does it affect on your other applications with the country? I have had a job offer, will be applying for EP during early next year. I am quite worried about it and have asked Mom and ICA officers. Respondent from ICA officers saying that it will not affect EP application since it is your first time and not so bad. However, for inquiry with MoM, they replied that it is confidential and case by case, highly depends on the MoM officer.

I am just wondering how's it going with you now? Hope you are doing well sincerely. I totally understand the feeling we have when we were fined.

Looking forward to hearing from you.

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Re: Overstayed, how serious?

Postby patel.madhvi12 » Wed, 01 Mar 2017 1:41 pm

Hi,
need advice..

I am here on short term visit pass and is expired on 23rd feb, 2017...
I got IPA letter for my temporary work permit on 22nd feb, 2017.. which was my part of study( ojt )
I still here in singapore with my IPA letter..
My employer told me that you can stay with IPA..

Is it make any problem to stay with IPA letter? IPA letter told that you have to get work permit card before march 07, 2017..

Please help me about this situation...
Thank you

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Re: RE: Re: Overstayed, how serious?

Postby ecureilx » Wed, 01 Mar 2017 2:53 pm

patel.madhvi12 wrote:Hi,
need advice..

I am here on short term visit pass and is expired on 23rd feb, 2017...
I got IPA letter for my temporary work permit on 22nd feb, 2017.. which was my part of study( ojt )
I still here in singapore with my IPA letter..
My employer told me that you can stay with IPA..

Is it make any problem to stay with IPA letter? IPA letter told that you have to get work permit card before march 07, 2017..

Please help me about this situation...
Thank you


IPA is not a visa unless you are arriving after IPA was issued.

Or did I miss something ?


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