Corporate Immigration 2024

Last Updated June 25, 2024

Singapore

Law and Practice

Authors



Deloitte established its global immigration team over 20 years ago and has over 2,000 immigration professionals who work closely with other entities within the firm to provide fully integrated solutions through a single point of contact. The Deloitte immigration practice in Singapore provides tailored services to deal with immigration issues and facilitates the rapid deployment of employees regionally and globally. The team's services include: assistance with work permits, visas and permanent residence applications; advice and assistance with business travel and border formalities; overall strategy design; consulting on crisis management and related cross-border requirements; planning talent strategy to ensure firms meet local requirements; global residence/work permit support for HNWIs; and preparation for audits or inspections by local immigration authorities. In recent months, the Deloitte Singapore immigration team has focused on supporting clients with the significant change to the points-based system framework for Employment Passes.

Singapore has historically implemented a more liberal immigration policy in comparison to other countries in the region, specifically for skilled and professional migrants, in order to strengthen its economy and have a competitive talent pool. Due to the country's modest size, the government of Singapore recognises that human capital is needed to continue to drive its economy and combat the challenges of lack of natural resources and labour shortages due to the low birth rate. Despite immigration being one of the driving factors to fill the labour gaps in the economy, the topic has been widely debated in the political landscape with an increased focus on ensuring citizens are fairly considered for job opportunities. The government acknowledges that a competitive balanced workforce is needed, while also recognising the need to implement policies to address local issues. An example of this was the introduction of the Fair Consideration Framework (FCF) in 2013, which sets out requirements for employers to give the workforce in Singapore fair consideration for job opportunities. The FCF has been enhanced since its launch. However, the basic principles of promoting fair employment practices and improving labour market transparency remain in place. 

From 1 January 2025, the qualifying salary for candidates outside the financial sector applying for an Employment Pass (EP) will be raised from SGD5,000 to SGD5,600. For candidates within the financial sector, the EP minimum qualifying salary will be increased from SGD5,500 to SGD6,200. These changes will also apply to EPs expiring from 1 January 2026. The increase is to ensure that the cost of hiring an EP holder remains benchmarked to the salaries of the top one third of local professionals, managers, executives and technicians (PMETs) by age.

With the increase in the EP qualifying salary, the cost to businesses to hire foreigners on EPs will increase. As such, it is recommended that companies: 

  • set up a robust hiring process to develop a strong local core and consider each foreign candidate carefully before offering them a position; and
  • review work pass types for foreign employees with each salary adjustment, to ensure optimum use of the company’s foreign workers’ quota.

There are several options available for sponsor-based employment visas in Singapore, depending on whether the applicant is deemed a professional, a skilled or semi-skilled worker, a trainee or a student. 

Employment Pass (EP)

The EP is a work pass for foreign professionals, managers and executives with a job offer in Singapore. A minimum fixed monthly salary of at least SGD5,000 for all sectors (increases to SGD5,600 with effect from 1 January 2025), excluding the financial sector, and SGD5,500 for the financial services sector (increases to SGD6,200 with effect from 1 January 2025) is required to be paid to the EP holder. Also note that the minimum qualifying salary increases progressively with age.

In addition to meeting the EP qualifying salary, EP candidates are also required to pass a points-based Complementarity Assessment Framework (“COMPASS”). This will also apply to EPs expiring from 1 September 2024 and will therefore be relevant to EP renewal applications.

COMPASS is designed as a transparent system, to allow businesses to have clarity and predictability for workforce planning. It also enables employers to select high-quality foreign professionals, while improving workforce diversity and building a strong Singaporean core.   

The EP candidate requires 40 points to pass COMPASS, which scores EP applications on four foundational criteria. These applications can earn additional points under the bonus criteria if they meet the relevant qualifying conditions.

COMPASS criteria

Foundational criteria – up to 20 points per criterion

  • C1 salary (individual) – relative to local PMET salary norms for the sector; 
  • C2 qualifications (individual) – based on a candidate’s qualifications; 
  • C3 diversity (firm-related) – whether a candidate improves the nationality diversity in the firm; and 
  • C4 support for local employment (firm-related) – based on the local PMET share relative to industry peers.

Bonus criteria

  • C5 skills bonus (individual) (up to 20 points) – for candidates in jobs where skills shortages exist; and 
  • C6 strategic economic priorities bonus (firm-related) (up to 10 points) – for partnership with the government on ambitious investment, innovation, internalisation, or company and workforce transformation activities.

Exemptions from COMPASS

An EP candidate is exempt from COMPASS if they meet any of the following conditions:

  • they earn at least SGD22,500 fixed monthly salary (similar to the prevailing FCF job advertising exemption); 
  • they are applying as an overseas intra-corporate transferee under the WTO’s General Agreement on Trade in Services or an applicable free trade agreement to which Singapore is a party; or 
  • they are filling a short-term role for one month or less.

Under the FCF, companies are required to advertise the job on MyCareersFuture for at least 14 consecutive days and consider all candidates fairly before submitting a new EP application. 

A role will be exempt from the job advertising requirement if any of the following requirements are met: 

  • the company has less than ten employees (including both local and foreign employees); 
  • the fixed monthly salary for the position is SGD22,500 and above; 
  • the role is to be filled by a local transferee; 
  • the role is short term, ie, not more than one month; or 
  • the role is to be filled by a candidate applying as an overseas Intra-corporate Transferee (ICT). 

S Pass

Foreign mid-level skilled workers who wish to work in Singapore may apply for an S Pass. Such individuals must have a job offer in Singapore and earn a fixed monthly salary of at least SGD3,150 for all sectors, excluding financial services, and SGD3,650 for the financial services sector. The qualifying salary will be adjusted again for implementation from 1 September 2025 and the details will be announced closer to the time. More experienced applicants are required to earn a higher salary to qualify for an S Pass. While it is optional to declare their qualification, it is recommended to do so to strengthen the application.

As with the EP application, companies are required to advertise the position on MyCareersFuture for at least 14 consecutive days before submitting a new S Pass application. 

Companies are subject to a quota and levy payment for S Pass employees. The quota for the number of S Pass holders that a company can hire is determined according to the sector under which the company is classified. In addition, the company must pay the levy for all S Pass holders. 

Work Permit (WP)

A WP can be granted to semi-skilled or unskilled workers from certain source countries/regions. The duration of a WP is generally two years, subject to the validity of the worker’s passport, the security bond and the worker’s employment period, whichever is shorter. The number of WP holders that a firm can hire is limited by quota according to the sector under which the company is classified and each WP is subject to a levy, to be paid by the company. 

Training Employment Pass (TEP)

Foreigners under the following categories who want to undergo training in Singapore may apply for a TEP, which is valid for up to three months and is not renewable. These applicants must be sponsored by a well-established Singapore-registered company. 

Undergraduates

The training programme in Singapore must be part of the undergraduates’ course of study. The applicant must be from an acceptable educational institution, or earn a fixed monthly salary of at least SGD3,000.

Intra-company trainees

Companies can bring employees from their foreign offices or subsidiaries to Singapore for professional or executive training. The trainee should earn a fixed monthly salary of at least SGD3,000 and have recognised qualifications. 

Applicants may not apply for a TEP if they have previously held a TEP for a similar training arrangement.

Training Work Permit (TWP)

Companies can apply for TWPs for eligible unskilled or semi-skilled foreign trainees or students undergoing practical training in Singapore (refer to the categories below). The TWP is valid for up to six months and is not renewable. The number of TWP holders a company can hire is limited by quota and subject to a levy, to be paid by the company.

Foreign employees

A company can bring in semi-skilled or unskilled employees from related overseas companies to undergo training in Singapore. 

Foreign students

A company can apply for TWPs for foreign students studying in educational institutions in Singapore for whom the in-company training is part of their course requirements. 

There are a number of options available as set out below. 

Personalised Employment Pass (PEP)

The PEP is a personalised pass for high-earning EP holders or overseas foreign professionals. The pass is not employer sponsored and offers greater flexibility than an EP. The duration of the PEP is up to three years and it is not renewable. An EP or S Pass will be required to continue working in Singapore once the PEP expires. 

Eligibility

The following groups of foreigners are eligible for a PEP. 

  • An overseas foreign professional whose last-drawn fixed monthly salary overseas was at least SGD22,500. The last-drawn fixed monthly salary overseas should have been paid no more than six months prior to the application. 
  • Existing EP holders who earn a fixed monthly salary of at least SGD22,500.

The PEP holder is required to earn a fixed salary of at least SGD270,000 per calendar year (SGD144,000 per calendar year if the application for the PEP was submitted before 1 September 2023) regardless of the number of months the holder is in employment, and the holder is required to declare the annual fixed salary to the Ministry of Manpower (MOM) by 31 January of the following year.   

Benefits – job flexibility

PEP holders can generally take on employment in any sector and do not need to apply for a new pass when changing jobs. 

PEP holders are also given the flexibility to stay in Singapore while unemployed for a continuous period of up to six months to search for new employment. 

Tech.Pass

The Tech.Pass allows established tech entrepreneurs, leaders or technical experts to: 

  • start and operate one or more tech companies; 
  • be an employee in one or more Singapore-based companies at any time; 
  • be a consultant or mentor, lecture in local institutions of higher learning; and/or 
  • be an investor or director in one or more Singapore-based companies. 

Criteria

Candidates must meet any two of the following criteria to be eligible for the Tech.Pass: 

  • have a last-drawn fixed monthly salary (in the last year) of at least SGD22,500; 
  • have at least five cumulative years of experience in a leading role in a tech company with a valuation or market capitalisation of at least USD500 million or at least USD30 million funding raised; and/or 
  • have at least five cumulative years of experience in a leading role in the development of a tech product that has at least 100,000 monthly active users or at least USD100 million annual revenue. 

The pass holder will need to earn at least SGD240,000 in assessable income (this increases to SGD270,000 from 1 September 2024) or demonstrate total annual business spending of at least SGD100,000, together with fulfilling local hiring requirements and performing at least two of the listed roles at the time of renewal, to be eligible for a two-year renewal.

EntrePass

The EntrePass is available to individuals looking to start and operate a business in Singapore who meet the following criteria: 

  • they have started, or intend to start, a private limited company registered with the Accounting and Corporate Regulatory Authority (ACRA), that is venture-backed or owns innovative technologies (if the registered company is more than 12 months old as of the date of application, the applicant will be assessed according to the renewal criteria); and
  • they have done at least one of the following –
    1. raised funding for a past or current business;
    2. been supported by a government-recognised or internationally renowned incubator or accelerator;
    3. founded and sold a technology business;
    4. hold intellectual property; and/or
    5. have a research collaboration in Singapore.

Duration and renewal of EntrePass

The duration of a new pass is one year and the duration of the first renewal is one year, followed by two years for each subsequent renewal.

An applicant is required to meet all the following criteria to be eligible for the renewal of an EntrePass.

Passholder:

  • own at least 30% shareholding of the company; and
  • have created an individual profile and claimed the company profile on Startup SG Network (SSN).

Company:

  • be registered with ACRA as a private limited company;
  • have demonstrated that the registered company is venture-backed or owns innovative technologies;
  • have demonstrated ongoing business activity and progress;
  • have submitted the latest financial statements; and
  • have achieved at least the corresponding total business spending and local workforce criteria.

Global Investor Programme (GIP)

Individuals willing to invest in Singapore can apply for permanent residency under the GIP. 

A foreign investor who intends to start a business or invest in Singapore can apply for permanent residence in Singapore through the GIP. The GIP is administered by Contact Singapore, which is a division of the Singapore Economic Development Board (EDB). The EDB has currently categorised the following four groups of qualifying applicants and has listed the criteria for each group: 

  • established business owners; 
  • next-generation business owners; 
  • founders of fast-growth companies; and 
  • family office principals. 

Individuals who satisfy the qualifying criteria will be required to invest based on the investment options available for the category. Successful applicants are required to fulfil the investment conditions under the selected investment option within six months from the date of the In-principle Approval (IPA) letter. Upon making the investment and having the investment documents verified by the EDB, the Immigration & Checkpoints Authority (ICA) will issue the Final Approval letter to the applicant for the formalisation of their permanent residence status. The individual will be issued a Re-entry Permit (REP) which is valid for five years after the formalisation of the PR. This REP will be renewed if the REP conditions are met by the fifth year of PR status. The REP renewal conditions differ according to the investment options and the corresponding renewal duration (three to five years).

Overseas Networks and Expertise Pass (ONE Pass)

The ONE Pass is a personalised pass to attract top talent in business, arts and culture, sports, science and technology, and academia and research. The ONE Pass is a five-year work pass that allows holders to concurrently start, operate, and work for multiple companies in Singapore at any one time. The pass holder does not need to reapply for a new pass if they change jobs. In addition, the spouse will be able to work or operate a business in Singapore if they get a Letter of Consent (LOC). 

Salary criteria

Existing work pass holders and overseas candidates can apply if they meet either of the salary criteria below: 

  • they have earned a fixed monthly salary of at least SGD30,000, or its equivalent in foreign currency, within the last year; or 
  • they will earn a fixed monthly salary of at least SGD30,000 under their future employer based in Singapore. 

The fixed monthly salary of at least SGD30,000 should come from one employer. Other sources of income may be considered on a case-by-case basis. 

Additional conditions

The applicant needs to meet the following additional conditions. 

Overseas candidate: 

  • applicant has been working for an established company for at least one year; or 
  • applicant will be working for an established company in Singapore. 

Existing work pass holder: 

  • applicant has been working in Singapore for at least one year; or 
  • applicant will be working for an established company in Singapore. 

Note: For a company to be considered established, it must have a market capitalisation or valuation of at least USD500 million or an annual value of at least USD200 million. Combined amounts from the entire global office can also be considered and will be assessed on a case-by-case basis. 

Individuals with outstanding achievements in arts and culture, sports, science and technology, or academia and research can apply and qualify for the ONE Pass, even if they do not meet the salary criteria. 

Duration and renewal

The duration of the ONE pass is five years for first-time candidates and five years for subsequent renewals. 

To be eligible for renewal, the pass holder must meet either one of the following requirements: 

  • have earned a fixed monthly salary of at least SGD30,000 on average over the past five years in Singapore; or 
  • have started to operate a Singapore-based company that employs at least five locals, each earning at least SGD5,000 (pegged to the EP minimum qualifying salary).

Duration of LOC for spouse to work as an employee:

  • up to the expiry date of the dependant’s pass;

Duration of LOC for spouse as business owners –

  • first-time candidates: one year from the issue date or up to the expiry date of the dependant’s pass, whichever is shorter; and
  • subsequent renewals: up to the expiry date of the dependant’s pass.

MOM will request the following details from the pass holders annually regarding professional activities and salary, to ensure that they take advantage of the flexibility accorded to them in order to contribute meaningfully and to assess their eligibility for renewal: 

  • employment;
  • entrepreneurial activities;
  • local employees (if any); and
  • other professional activities, such as advisory or mentorship roles; professor, lecturer or adjunct lecturer roles in local educational institutions; and contributions to philanthropic causes.

Visitors entering Singapore are issued a Short-term Visit Pass (STVP) at the point of entry. They can participate in the following activities for the duration of the STVP in Singapore: 

  • attend company meetings, corporate retreats or meetings with business partners;
  • attend study tours or visits, training courses, workshops, seminars and conferences as a participant; and 
  • attend exhibitions as a trade visitor. 

The above activities should not involve a contract of service or a contract for service with an employer in Singapore. 

Remote working without a work pass is allowed subject to the following conditions: 

  • the individual is working for an overseas company while in Singapore; 
  • the overseas company the individual is working for is a separate legal entity from any related office that it may have in Singapore and the work has no link to, nor any interaction with, the Singapore office; and 
  • the individual is not providing services to clients in Singapore.

There is no language requirement to apply for a work pass in Singapore. However, all documents required for a pass application need to be translated into English and submitted together with the original document to MOM. 

Any foreign-born children below 12 years of age are required to have a vaccination certificate to show proof of vaccination against diphtheria and measles before applying for a Dependant Pass (DP). This proof can be obtained by applying to the Singapore Health Promotion Board. 

See 2.1 Sponsor-Based Employment Visas

See 2.1 Sponsor-Based Employment Visas and 2.2 Unsponsored Work and Investment Visas

The following processing times apply:

  • Employment Pass – within ten business days;
  • S Pass – within ten business days;
  • Work Permit – within one week; 
  • Training Employment Pass – within three weeks;
  • Training Work Permit –
    1. interim approval: one working day; and
    2. final outcome: within three weeks;
  • Personalised Employment Pass – within eight weeks;
  • Tech.Pass – within eight weeks; 
  • EntrePass – within eight weeks; 
  • Global Investor Programme – 12 months; and
  • Overseas Networks and Expertise Pass – within four weeks. 

There are no travel restrictions once an application is filed. However, the pass holder must be physically in Singapore at the point of issuance/activation of the pass, and to complete the post-arrival medical (if required) as well as the biometric registration formalities. 

There is currently no fast-track process for visas in Singapore.

The individual may need to complete a medical examination, if required, for the issuance/activation of the pass by the company once the individual has arrived in Singapore. 

The individual will be required to have their biometrics data registered at the MOM before a physical card will be issued.

Employment Pass, Training Employment Pass, Personalised Employment Pass and ONE Pass: 

  • application fee – SGD105; and 
  • issuance fee – SGD225 plus multiple-journey visa of SGD30, if applicable. 

S Pass: 

  • application fee – SGD105; and 
  • issuance fee – SGD100 plus multiple-journey visa of SGD30, if applicable. 

Work Permit and Training Work Permit: 

  • application fee – SGD35; and 
  • issuance fee – SGD35. 

Visa costs are paid by the employers for sponsor-based pass applications. 

For non-sponsor based applications, the visa costs are paid by the applicant. 

The Employment of Foreign Manpower Act (EFMA) prescribes the responsibilities and obligations of employing foreign employees in Singapore. It covers regulations relating to work passes and enforcement for offences and infringements. The EFMA covers employers of foreign employees and any person issued a work pass by MOM. Work passes include but are not limited to, the Employment Pass, S Pass and WP. The EFMA outlines responsibilities relating to work passes, including the application process, medical insurance, levies, cancellation and repatriation.

Penalties for Common Offences

The following penalties apply.

  • Employing a foreign employee without a valid work pass: a fine of between SGD5,000 and SGD30,000, or imprisonment for up to 12 months, or both may be imposed. For subsequent convictions, offenders face mandatory imprisonment of between one and 12 months, and a fine of between SGD10,000 and SGD30,000. 
  • Contravening any condition of a work pass: a fine of up to SGD10,000, or imprisonment for up to 12 months, or both. 
  • Making a false statement or providing false information in any application or renewal of a work pass: a fine of up to SGD20,000, or imprisonment for up to two years, or both. 
  • Receiving money in connection with the employment of a foreign employee: a fine of up to SGD30,000, or imprisonment for up to two years, or both. 
  • Obtaining a work pass for a foreign employee for a business that does not exist or is not in operation or does not require the employment of the foreign employee: an imprisonment term of between six months and two years, and possibly a fine not exceeding SGD6,000, and caning. 
  • Employers are required to declare in the work pass applications of foreign employees that they have considered local candidates for the job. If an employer makes this declaration without fairly considering local candidates, the company may be charged with making a false statement under the EFMA. This offence carries a maximum fine of SGD20,000 and/or a jail term of up to two years. 

Any registered Singapore entity can apply for work passes. As a work pass sponsor, the company is responsible for the well-being of the pass holder and must be willing to undertake responsibilities for the stay, maintenance and repatriation of foreign employees.   

A right to work (RTW) check is mandatory in Singapore before a candidate can formally start employment. 

Generally, an RTW check is performed by reviewing the applicable immigration document of the candidate. A brief summary of the most common RTW scenarios are provided below, listed by employee type and acceptable RTW documents:

  • citizen – passport and/or National Registration Identity Card (NRIC);
  • permanent resident – passport, Singapore blue Identity Card (IC) and re-entry permit;
  • student/intern – passport, Student Pass, Student Visa, a letter from the university confirming the number of hours allowed for work/internship; and 
  • foreign worker – passport, existing work pass or IPA letter. 

The following family relationships are recognised for the purpose of a DP: 

  • spouse (legally married); 
  • unmarried children under 21 years of age; and
  • unmarried, legally adopted children under 21 years of age.

The following family relationships are recognised for the purpose of LTVP applications: 

  • common-law spouse; 
  • unmarried disabled children aged 21 and above; 
  • unmarried stepchildren under 21 years of age; and 
  • parents.

DP holders tagged to EP, S Pass or PEP holders who wish to work in Singapore can get a work pass (EP, S Pass or WP) to do so, as the DP itself does not allow any working rights for the pass holder. The prospective employer must apply on their behalf, and the relevant qualifying salaries, quotas and levies of the respective work passes will apply. 

A holder of a DP issued by MOM who wishes to operate a business can apply for an LOC for DP holders who are business owners. DP holders who wish to work for an employer have the option of applying for a WP, in which case, both a DP and a WP will have to be held in conjunction.   

DP holders who get an EP or S Pass will be granted the work and stay privileges associated with an EP or S Pass. As their stay in Singapore is no longer dependent on the main pass holder, they will no longer require a DP, and their DP will need to be cancelled before their EP or S Pass is issued.  

DP holders who get a WP: 

  • are required to hold on to both the DP and WP, and the WP’s validity period will be tied to that of the DP;  
  • can be of any nationality/citizenship (ie, source requirements are waived); 
  • are not subject to the six-monthly medical examination, security bond or pregnancy restrictions; and
  • do not need medical insurance from their employers if they are already covered under a medical insurance plan that meets MOM’s prevailing minimum mandatory insurance coverage requirement. 

DP holders tagged to ONE Pass holders: 

  • if they are the spouse of the ONE Pass holder, they can work in Singapore with an LOC, acquired by their prospective employer by submitting an application to MOM on their behalf; or
  • if they are the spouse of the ONE Pass holder, they can operate a business in Singapore; or 
  • if they are not the spouse of the ONE Pass holder, they will need to obtain a work pass to work for an employer in Singapore. 

The validity of the DP will be tied to the validity of the ONE Pass.

The validity of an LOC is as follows:

  • an LOC to work as an employee is valid up to the expiry date of the dependant’s pass; and
  • an LOC for business owners is valid for –
    1. first-time candidates: one year from the issue date or up to the expiry date of the dependant’s pass, whichever is shorter; and
    2. subsequent renewals: up to the expiry date of the dependant’s pass.

LTVP holders tagged to ONE Pass holders: 

  • if they are the common-law spouse of the ONE Pass holder, they can work in Singapore with an LOC, acquired by their prospective employer by submitting an application to MOM on their behalf; or
  • if they are not the common-law spouse of the ONE Pass holder, they will need to obtain a work pass to work for an employer in Singapore. 

The validity of the LTVP and LOC will be tied to the validity of the ONE Pass. 

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Trends and Developments


Authors



TSMP Law Corporation is a top Singapore corporate boutique firm, specialising in complex disputes and cutting-edge transactions. Its employment team handles the entire spectrum of employment and labour law issues, including contentious, transactional and advisory matters. It advises financial institutions, multinationals and large corporates, as well as C-suite and executive level employees. The employment team is experienced in litigation, arbitration, tribunal disputes and mediation. The team also advises on immigration, data protection and industrial relations issues. Recent matters include advising home-grown insurer Singlife on equity and compensation issues arising out of Sumitomo Life’s ground-breaking acquisition of its shares (valued at SGD4.6 billion), and both obtaining and setting aside court and arbitral non-compete injunctions.

Positioning the Nation and Its Human Capital

Singapore is a renowned international and regional business hub. Consistent with this, Singapore has always been a strong proponent of free trade agreements and foreign investment, and prioritises ease of doing business – which also means being open to foreign talent. 

Unlike its much larger neighbours, Singapore has next-to-no natural resources besides its population, and human capital is critical to its success. Singapore’s immigration policies therefore seek to strike a delicate balance between strengthening and enhancing its local workforce, while still attracting key foreign talent at all levels. 

Since Singapore has a small and increasingly ageing working population, foreign talent is integral to its workforce – at all levels of employment. Excluding migrant domestic workers, the foreign workforce had risen to over 1.2 million as at December 2023. This makes up more than a quarter of Singapore’s working population of close to four million, and with migrant domestic workers included, the proportion increases to well over a third of Singapore’s workforce. 

Increasing support for the local workforce

In recent years and especially since the COVID-19 pandemic, Singapore has focused on developing and upskilling its local workforce, and seeking to ensure that this group of individuals has fair opportunities in the job market. 

There is sound reasoning behind increasing support for hiring locally. After all, while foreign talent is crucial, it must remain complementary to having a strong local workforce. More importantly, Singapore has to ensure that in years to come, its local workforce remains globally relevant and competitive. The local workforce cannot lag behind foreign talent. However, in spite of the relatively high proportion of foreign talent in Singapore, local talent still forms the majority of Singapore’s workforce, and if local talent is in demand globally, that is yet another reason for businesses to make Singapore their home or hub. Increasing support for its local workforce is therefore not at odds with Singapore’s positioning as a regional business hub.

The balancing act

The difficulty lies in how Singapore should marry the two often divergent interests, namely, increasing the quality of and opportunities for local talent, while still attracting top foreign talent.

Shifts in Singapore’s immigration policies over the years have been nuanced and incremental, but Singapore’s present stance is essentially that the local workforce should generally be seen as the first port of call. Foreign talent is still very much welcome, but only if it stands apart from the available locals, whether in terms of the skill and knowledge of the employee in question, or whether they fill a need inadequately met by locals. 

As such, the foreign talent admitted is expected to be better than the average local, whether in terms of qualifications, connections or expertise. The integration of such foreign talent into Singapore’s workforce should then result in foreigners imparting their skills to locals, helping them to “level up”, as Singapore’s minister for manpower has put it.

To help achieve this, there has been a shift in the type of foreign talent that Singapore is looking for – from those who are equivalent to locals, to those who can add value above and beyond what the average local is capable of, or who meet a need that the locals cannot or will not meet. For such foreign talent, Singapore remains more than open.

Refreshed qualifying salaries for Employment Passes and S Passes

Of the work passes available to foreigners, two common passes are the Employment Pass (EP), suitable for professionals, managers, executives and technicians (PMETs), and the S Pass, suitable for skilled workers such as associate professionals and technicians (APTs). The S Pass offers employers the flexibility to hire skilled technicians who may not meet the EP criteria, as addressed further below.

Historically, the minimum salary needed to qualify for an EP has trended close to Singapore’s median monthly income. The minimum qualifying salary for an S Pass has similarly trended close to the 20th percentile of monthly income. Revisions to the qualifying salaries have been periodic, but broadly in keeping with these trends.

Moving forward, however, and aligned with Singapore’s efforts to develop the local workforce and only admit top-quality foreign talent, foreigners are now expected to earn at least as much as the top one-third of local PMETs to qualify for an EP. Prospective S Pass holders are similarly expected to draw a salary commensurate with the top one-third of local APTs. 

Further nuances to the qualifying salaries were also introduced near the end of 2020, allowing for better benchmarking based on the employer’s industry and the candidate’s experience. Higher qualifying salaries now apply for EP and S Pass candidates seeking employment in the financial sector. Higher qualifying salaries also apply to more experienced and older candidates hoping to secure an EP or S Pass.

The applicable qualifying salary ranges for new EP and S Pass applications are summarised below.

  • EPs: Since September 2023, the minimum qualifying monthly salary for the financial services sector is SGD5,500, and this will be increased in January 2025 to at least SGD6,200. For other sectors, this will increase from SGD5,000 to SGD5,600. 
  • S Pass: For S Passes, the minimum qualifying monthly salary for the financial services sector is SGD3,650, and this will be increased to SGD3,800 in September 2025. For other sectors, the prospective increase come September 2025 will be from SGD3,150 to SGD3,300. 

New “COMPASS” framework for assessing EP applications

September 2023 also saw the introduction of an additional framework for the assessment of EP applications, reflecting Singapore’s more targeted and calibrated approach to attracting foreign talent. 

The Complementarity Assessment (“COMPASS”) framework now assesses EP applications not only on the individual’s salary and qualifications (previously, essentially the only criteria), but also on the company’s diversity and support for local employment. An application can earn up to 20 points per criteria (for a theoretical maximum of 80 points), and the application must have at least 40 points to pass muster under the framework, with bonus points applicable (see below).

Exceptions apply, and businesses bringing in intra-corporate transferees or high-value employees earning above SGD22,500 per month do not have to qualify under COMPASS.

Incentives to advance Singapore’s economic priorities

The bonus points awarded under the COMPASS framework follow Singapore’s strategic economic priorities, with foreign talent capable of supporting these being particularly welcome.

Under the COMPASS framework, foreign individuals applying for jobs for which there is a shortage of qualified local candidates, will earn up to 20 bonus points, known as the “skills bonus”. Updated periodically, these jobs are currently within the agritech, financial services, green economy, healthcare, infocomm technology (including artificial intelligence, cybersecurity, software and digital forensics), and maritime industries. 

Firms that are partnered with the government on specific activities also stand to earn up to ten bonus points. These activities include investment, innovation and internationalisation, being partnered with a statutory board in charge of economic development, enterprise and entrepreneurship, infocomm technology, maritime matters and tourism. A firm endorsed as a strong partner that strengthens local workforce development also stands to earn up to ten bonus points. This is the “strategic economic priorities bonus”.

Revised passes for top-tier talent

Singapore’s efforts to attract global top-tier talent can also be seen from the enhancements it has made to existing higher-level passes, and the introduction of new passes catering to elite talent. Holders of these passes are granted a longer period of stay in Singapore. Depending on the pass, they could also have multiple appointments, and their spouses could also have an easier time securing employment here. With greater benefits, these individuals could then consider making Singapore their permanent home, enhancing the local talent pool.

In this respect, the top 10% of EP holders who earn at least SGD22,500 per month can apply for the Personalised EP (or PEP). This EP is personal to the employee rather than being tagged to a specific employer, and allows the holder to stay in Singapore, even without a job, for up to six months. Entrepreneurs who have started or intend to start a venture-backed company, or one that owns innovative technologies, could also apply for the EntrePass, which has no minimum qualifying salary.

Experienced tech professionals with skills on the COMPASS Shortage Occupation List could be eligible for a five-year EP, more than double the two-year duration for first-time EP applicants. Tech entrepreneurs, leaders and technical experts could also be eligible for the Tech.Pass, which allows holders to start, be employed by, or hold directorships in more than one company.

The top pass that affords the most benefits is the Overseas Networks and Expertise (“ONE”) Pass. Suitable for top talent across various sectors, candidates who earn at least SGD30,000 per month or those who have outstanding achievements could be eligible for this five-year pass, which also affords holders the flexibility of concurrently starting and working for multiple companies at once. Spouses of ONE Pass holders with Dependant Passes will also be able to work based on a Letter of Consent, without having to obtain their own work pass in Singapore (which is otherwise necessary for Dependant Pass holders of all the other work pass holders, save for Dependant Pass holders who are also business owners).

The Global Investor Programme

Beyond transient work passes, Singapore is also attracting premium foreign talent by offering a clearer and faster route to Singapore permanent residency. The Global Investor Programme attracts high-value investors and business leaders. As is to be expected though, meeting the criteria for permanent residency through the Global Investor Programme is no mean feat, with the criteria having become even more difficult to satisfy in recent years.

As it stands now, this programme requires the individual (who must meet stringent qualifying criteria under one of four profiles) to either invest a minimum of SGD10 million in a new or expanding business operation, invest SGD25 million in select funds, or establish a Singapore-based family office with SGD200 million in assets under management. Of the SGD200 million, a minimum of SGD50 million must be transferred into Singapore, and deployed in specific investment categories. 

It is worth noting that significant changes were made to these thresholds in 2023, and the Economic Development Board (which administers this programme) expressly stated that it had made these changes to attract only top-tier business owners who are looking to establish roots in Singapore. 

To be clear, longtime work pass holders are also free to apply for permanent residency, but this path to obtaining permanent residency is much more difficult. 

Strengthening the Fair Consideration Framework

Switching focus to the local workforce, businesses should note that under Singapore’s Fair Consideration Framework, they are obliged to advertise job openings to the local workforce on the government jobs portal MyCareersFuture for at least 14 days before making an EP or S Pass application. This is unless a specific exception applies.

This should not be taken as a mere box-ticking exercise. Employers who just go through the motion of advertising and do not review the applications, or who have already pre-selected a foreign candidate, can – if caught – find themselves barred from hiring foreign employees, and/or barred from renewing the passes of existing foreign employees. 

The practical consequences can therefore be quite severe. In recent years, Singapore has also enhanced the penalties by extending the debarment period from six to 12 months, or even 24 months for egregious cases. In recent years, employers who have falsely declared that they have considered all local applicants fairly before applying for a pass have also faced criminal prosecutions.

Prioritising locals in retrenchment exercises

With retrenchment exercises on the rise yet again, it is also worth noting that employers here are expected to conduct such exercises in a way that does not result in a lower proportion of local employees after the exercise. Those who do not comply with the Tripartite Advisory on Managing Excess Manpower and Responsible Retrenchment (which requires this, among other things) could find themselves under investigation, or on the receiving end of administrative sanctions and negative publicity.

In the majority of cases, where fair and objective criteria are used in selecting employees to be retrenched, the proportion of local employees should not change. This measure therefore appears to be targeted at the small proportion of businesses who might prefer to retain foreigners at the expense of locals.

The Road Ahead

Singapore has now mapped out its immigration policies for the next few years. Its intent is clear – foreign talent inferior to or only on a par with local talent will now have a harder time finding work in Singapore. However, the doors have opened even wider for top-tier talent, and for those with skills that align with Singapore’s strategic priorities.

A keen understanding of where Singapore is headed, and the dynamics at play in this small island nation, will therefore serve a business well.

TSMP Law Corporation

6 Battery Road
Level 5
049909
Singapore

+65 6534 4877

+65 6534 4822

tsmp@tsmplaw.com www.tsmplaw.com
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Law and Practice

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Deloitte established its global immigration team over 20 years ago and has over 2,000 immigration professionals who work closely with other entities within the firm to provide fully integrated solutions through a single point of contact. The Deloitte immigration practice in Singapore provides tailored services to deal with immigration issues and facilitates the rapid deployment of employees regionally and globally. The team's services include: assistance with work permits, visas and permanent residence applications; advice and assistance with business travel and border formalities; overall strategy design; consulting on crisis management and related cross-border requirements; planning talent strategy to ensure firms meet local requirements; global residence/work permit support for HNWIs; and preparation for audits or inspections by local immigration authorities. In recent months, the Deloitte Singapore immigration team has focused on supporting clients with the significant change to the points-based system framework for Employment Passes.

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TSMP Law Corporation is a top Singapore corporate boutique firm, specialising in complex disputes and cutting-edge transactions. Its employment team handles the entire spectrum of employment and labour law issues, including contentious, transactional and advisory matters. It advises financial institutions, multinationals and large corporates, as well as C-suite and executive level employees. The employment team is experienced in litigation, arbitration, tribunal disputes and mediation. The team also advises on immigration, data protection and industrial relations issues. Recent matters include advising home-grown insurer Singlife on equity and compensation issues arising out of Sumitomo Life’s ground-breaking acquisition of its shares (valued at SGD4.6 billion), and both obtaining and setting aside court and arbitral non-compete injunctions.

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