Navigating Work Pass Applications

Transcription

1 Navigating Work Pass Applications Work Pass Division 17 June 2013 A Great Workforce A Great Workplace

2 Creating a meaningful session We d like to: Share practical tips on navigating work pass applications and how to avoid unnecessary rejections Listen to your experience and understand the issues you have encountered in the application process Seek your feedback so we can make future sessions more helpful 2

3 Programme Part 1: Before Submission Understanding the work pass criteria and rules Part 2: Filling in the Application Getting your application right the 1 st time Part 3: After Submission Understanding the outcome & rejection advisories Q&A Session 3

4 Part 1: Before Submission Understanding the work pass criteria and rules 4

5 An overview of the types of Work Passes A Great Workforce A Great Workplace Employment Pass PQ For Professionals foreigners working in managerial, executive or specialised jobs, earn a fixed monthly salary of at least $3,000, and have acceptable qualifications S Pass S For mid-level skilled workers - foreigners who earn a fixed monthly salary of at least $2,000 Work Permit R For unskilled & semi-skilled workers You need to know what pass type you are applying as different passes have different criteria and rules. 5

6 Key Criteria in Work Pass applications Work Pass Type Approved Source Countries Age Employment Period Occupation Qualifications Salary Quota & Levy Other Considerations Employment Pass S Pass Work Permit 6

7 Approved Source Countries Age Employment Period Occupation Qualifications Salary Quota & Levy Other Considerations Only applies to work permits. There is no restriction on source for EP or S Pass holders. Source control for work permits depend on your industry. If the foreigner is from an unapproved source in your sector, your only option is EP or S Passes. Example: A restaurant wishes to hire a waitress from the Philippines. WP is not possible as it is an unapproved source in the services sector. Consider S Pass if she meets the criteria. 7

8 Approved Source Countries Age Employment Period Occupation Qualifications Salary Quota & Levy Other Considerations Min age for all work pass holders is 16 yrs. The maximum age depends on pass types and where they come from New applications Renewal Work Permit S Pass Employment Pass Malaysians - 58 years old Others - 50 years old 60 years old 62 years old No maximum age subject to medical condition Age is computed based on the Date of Application (DOA). Example: John s date of birth is 3 rd May If the work pass application is put in on 2 nd May 2013 but approved on 4 th May 2013, he will be considered as 42 years old as per the DOA. 8

9 Approved Source Countries Age Employment Period Occupation Qualifications Salary Quota & Levy Other Considerations No maximum employment period for EP and S Passes For skilled work permit holder (WPH), max period of employment (POE) = 18 years. Unskilled = 10 years. If your WPH is unskilled, think about upgrading them If they are nearly 18 years of employment, think about applying for S/EP A renewal notice will be sent 2 months prior to the expiry of the WP. No renewal notice will be sent for WPHs whom have reached the max POE. If your employees have reached the maximum employment but you still wish to continue employment with them, you may then consider applying S Pass if they meet the criteria. 9

10 Approved Source Countries Age Employment Period Occupation Qualifications Salary Quota & Levy Other Considerations Should be as relevant to the employer s business activity as far as possible Ensure that MOM has reflected your business activity and sector correctly. 10

11 Approved Source Countries Age Employment Period Occupation Qualifications Salary Quota & Levy Other Considerations Trade tests relevant to Construction for approval. Otherwise, qualifications/trade certs are mostly used to determine skilled/unskilled WPHs For EP/S applications, degrees/diplomas from well known institutions have greater weight than those from less known institutions Distance learning, part time or courses where the duration is less than 2 years will be considered less favourably as compared to full-time studies. 11

12 Approved Source Countries Age Employment Period Occupation Qualifications Salary Quota & Levy Other Considerations No salary thresholds for work permit holders For S Pass and EP holders, there is a minimum of $2000 and $3000. HOWEVER, paying the minimum WILL NOT be sufficient if the foreigner is older or has less recognised qualifications Examples: If you are thinking of bringing in a 35 years old EP candidate at a pay of $3000, it WILL be rejected. If you are thinking of bringing in a 23 years old EP candidate with a degree from Harvard at a pay of $3000, it will likely be approved. 12

13 Approved Source Countries Age Employment Period Occupation Qualifications Salary Quota & Levy Other Considerations We cannot approve your application for S Pass/Work Permits unless you have quota to employ the foreigner We do not give companies advance quota What you can do: Pay your CPF contributions promptly Check your quota just before you make any application Use our e-calculator to help you with your manpower projections 13

14 Approved Source Countries Age Employment Period Occupation Qualifications Salary Quota & Levy Other Considerations When will your quota be updated after recruiting a new local employee? 1 Jun 9 Jun 1 Jul 14 Jul 1 Aug 2 Aug 1 Sep A new local employee joins You make CPF contribution for your new employee* * Under CPF rules, your employee s CPF contribution is due on the 14 th of the following month. Information on your new employee will be updated in MOM s system 14

15 Approved Source Countries Age Employment Period Occupation Qualifications Salary Quota & Levy Other Considerations Important! We use an average of 3 months (exclude current and previous months) to compute your local work force So, in the month of April, MOM will use the average of your local workforce in Dec, Jan and Feb to compute your quota Depending on the number of additional local employees you hire and their salaries, you MAY see an increase in your local workforce For example, if you have 8 full time local employees in Dec & Jan and recruited an additional local employee in Feb. In April, your local workforce will be (8+8+9)/3 = locals In May, your local workforce will be (8+9+9)/3 = locals 15

16 Approved Source Countries Age Levy Tiering (for Work Permit Holders) (for companies in Services and Manufacturing) Manufacturing (Work Permits) Services (Work Permits) Employment Period Occupation Qualifications Salary Quota & Levy 1 Jul 2013 DRC Utilization Basic Tier 25% Tier 2 >25-50% Tier 3 >50-60% Basic Tier 10% Tier 2 >10-25% Tier 3 >25-40% Example: Manufacturing Company with 50 total workforce: 20 locals and 30 foreign workers (FW). The FW consist of 20 skilled and 10 unskilled workers. 2 Steps Tiering 1. Tiering based on DRC utilization Basic Tier - 1 st to 12 th (25%) FW Tier 2-13 th to 25 th (50%) FW Tier 3-26 th to 30 th FW 2. Tiering based on Skilled/Unskilled Basic Tier - 12 Skilled FW Tier 2-8 Skilled + 5 Unskilled FW Tier 3-5 Unskilled FW Other Considerations 16

17 Approved Source Countries Age Employment Period Occupation Qualifications Salary Quota & Levy Other Considerations Levy Tiering (for S Passes) 1 Jul 2013 All sectors (except Services) Basic Tier 10% Tier 2 >10-20% S Pass DRC Utilization Services Basic Tier 10% Tier 2 >10-15% 17

18 Approved Source Countries Age Employment Period Occupation Qualifications Salary Quota & Levy Other Considerations Where to check for your quota availability? EPOL under Enquire > Company S Pass quota/tier Information WPOL under Enquire > Employer Details and Quota 18

19 Approved Source Countries Age Employment Period Occupation Qualifications Salary Quota & Levy Getting Quota Information from EPOL Other Considerations 19

20 Approved Source Countries Age Employment Period Occupation Qualifications Salary Quota & Levy Getting Quota Information from WPOL Other Considerations 20

21 Approved Source Countries Age Employment Period Occupation Qualifications Salary Quota Other Considerations Your worker and your company s track record matters If your worker has earlier broken any laws in or outside Singapore, it will affect their work pass applications If your company has not been prompt in paying levies, salaries or CPF, it will also affect your applications Has your work permit holder just left Singapore? You should only submit your work permit application for him 3 days after his departure Use the correct Prior Approval (PA) Different PA for People s Republic of China (PRC) and Non-Traditional Source (NTS) candidates As well as for renewal, new application and change of employer (for construction) No PA? Check that your worker has at least two years working experience in that sector you are in 21

22 Training Employment Pass 22

23 Training Employment Pass The TEP criteria was tightened in July 2012: a) Part of our overall efforts to moderate demand for foreign workforce, we have to be more selective over who we let in b) The TEP pool are also adding to our infrastructure constraints c) In response to complaints of abuses by some employers who were using the TEP scheme to augment their foreign workforce. This goes against the spirit behind the TEP scheme 23

24 Training Employment Pass Eligibility: Undergraduates - The training attachment in Singapore must be part of the undergraduate's degree programme from a widely recognised institution; or - Earn a fixed monthly salary of at least $3,000. Intra-company - trainees from your foreign offices or subsidiaries - Earn a fixed monthly salary of at least $3,000. Duration of TEP: 3 months Applicants must not previously hold a TEP for similar training arrangement 24

25 Before Submission Tools to help you along A Great Workforce A Great Workplace Quota calculator 25

26 Use this to work out your manpower projections ( -> Foreign Manpower -> Calculation of Foreign Worker Quotas) No. of full time local employee 1 Gross Salary of at least $850 2 = 1 Full time local employee 2 Part time employees = 1 Full time employee 1 Input based on the average of 3 months. 2 Increased to $1,000 wef 1 July 2013 No. of Work Permit/S Pass holders Include approved applications 26

27 How do you calculate local workforce? A restaurant has 15 local employees. 11 of them earn a gross salary of more than $ of them earn a gross salary of less than $850. LWF = FTE + (PTE x 0.5) = 11 + (4 x 0.5) = = 13 A restaurant has 17 local employees. 16 of them earn a gross salary of more than $ of them earns a gross salary of less than $850. LWF = FTE + (PTE x 0.5) = 16 + (1 x 0.5) = =

28 Before Submission Tools to help you along A Great Workforce A Great Workplace Self Assessment Tool (SAT) 28

29 Do start with Self Assessment Tool (SAT) For EP & S Pass only ( You will need the SAT to: Shortlist your candidate Avoid unnecessary rejections and fees Establish the salary you need to pay for renewals 29

30 When entering fixed monthly salary in SAT, do note: it refers to basic monthly salary + fixed monthly allowances it does not include bonuses, overtime or commission it cannot vary from month to month 30

31 When entering educational details in SAT, do note: name of institution must be exactly the same as that stated on the Certificate always enter the awarding body/institution that awards or confers the qualification study period entered must be the exact duration studied Do not click None of the above unless you absolutely have to 31

32 Important! You are advised not to choose None of the above for education details due to the following reasons; - Different weighting of qualifications - Need to re-submit & re-enter qualifications during renewal Common mistakes when entering education details - Choosing None of the Above and enter BSc instead of choosing Bachelor s Degree from the drop-down list. - Selecting Diploma instead of Bachelor s Degree for qualifications from European country. 32

33 There are factors that SAT cannot consider Company profile Company Quota Applicants with adverse records 33

34 Results of SAT A Great Workforce A Great Workplace

35 Now that you have learnt the rules and tools Here s a Step by Step guide on what you must do before you make an application for a foreign worker 35

36 Opening the Account Step 1: Open an account with Central Provident Fund Board (CPFB) This is for purpose of computing your company s quota You can skip this step if you are employing EPs only. Step 2: Open an WPOL or EPOL account Work Pass Account Registration. ( You will also need to declare your company s business activity. Step 3: Ensure that your company s information with us is updated Company s Turnover Contact details (phone number, fax number, address) Company s correspondence address (details in next slide) 36

37 Ensure Your Company Information is up-to-date If you need to update us on If your company employs foreigner under Employment Pass S Pass Work Permit Company s Turnover EPOL -> Change Particulars -> Company Details Not applicable Contact details (phone number, fax number, address) Company s correspondence address EPOL -> Change Particulars -> Company Details EPOL -> Change Particulars -> Company Details * To also notify CPFB separately on the update, if company has a CPF account Write in to: Work Pass Applications Section, Work Pass Division Inform CPFB 37

38 Making sure your candidate fits the bill Step 4: Check that your company has sufficient quota For S Pass and Work Permit holders only Step 5: Use the SAT to check that your EP or S Pass candidate meets the criteria Be precise about the institution and qualifications your candidate possessed. Step 6: If the SAT gives a favorable response, then get ready all the necessary information about your candidate: Check with your applicant if he has ever worked, studied or had long-term stay in Singapore before (If yes, request for details such as FIN) Find out responses for the Declaration Section 38

39 Making sure your candidate fits the bill Step 7: Scan clear copies of supporting documents which you may be asked to submit during the application process: Applicant s travel document page showing the personal particulars and travel document number Applicant s travel document page(s) reflecting amendments to details (if any) Applicant s educational certificates Transcripts and marksheets for diploma/degree qualifications from India Certificate of graduation ( 毕业证书 ) for diploma/degree qualifications from China Verification proof of educational certificates for diploma/degree qualifications from China from any one of the following independent verification channels: Dataflow ( The China Higher Education Student Information job portal ( The China Academic Degrees and Graduate Education Information ( Relevant relationship documents (e.g. marriage certificate, birth certificate etc). NEA licence (For Food Establishment only) Registration or support letter from the respective Vetting Agency/ Professional Body/ Accreditation Agency, if any 39

40 Part 2: Filling in the Application Getting your application right the 1 st time 40

41 Filling in the Application Use the FIN/ WP No. to identify the foreigner Enter the Applicant s previous FIN/ WP No if possible Saves you data entry effort If personal particulars are displayed, check the accuracy. Send in a request for amendment if not correct. Do not proceed further. 41

42 To update the details of foreigner A Great Workforce A Great Workplace WPOL EPOL Go to Services and Forms > Request Form for Amendment of Personal Particulars 42

43 Personal Particulars A Great Workforce A Great Workplace Name Exactly as it appears on passport In sequence of appearance Drop salutations (Dr, Ms, Mr, etc) Handling of accented characters Relational terms (GEB., usage, etc) Sex As on passport Other supporting documents if not printed 43

44 Nationality Choose the one indicated on the passport Applicants with Dual Nationalities/ Passports Republic of China = Taiwanese Travel Document Number Top data entry error field Malaysian Passports: include the alphabet in front Thai Passports: Letter O and not 0(zero) Travel Document Expiry Date Any changes/ amendments, upload supporting docs or observation page 44

45 Filling Up the Application A Great Workforce A Great Workplace General Guidelines for Scanned Passports Photograph: must show facial features clearly Each file within 2 MB Colour/ greyscale setting if possible Accompanied by English translation if passport is in foreign language Upload also any other documents explaining discrepancies/ missing information E.g. of clear vs unclear 45

46 Education Institute Name Educational Details A Great Workforce A Great Workplace Must be the same as that stated on the certificate Choose the body/ institution that awards or confers the qualification Searching guidelines & Common mistakes Qualification Must be the same as that stated on the certificate Choose from dropdown list as far as possible Common mistakes Study Period Ensure that the period stated corresponds with that reflected in certificate/ transcripts 46

47 Filling in the Application General Guidelines for Educational Documents All certificates in foreign language must be accompanied with its official English translation for every submission. Both documents to be uploaded in the same file. All qualifications declared must be supported by the certificate, or a school letter/ transcript explicitly stating that the qualification has been awarded/ conferred. Else, do not declare that qualification. 47

48 Degree certs from the PRC: A Great Workforce A Great Workplace File to contain both the education cert and graduation cert (and translations) Bachelors Degree Masters Degree Doctorate Degree 毕业证书 Graduation Certificate 学士学位 Educational Certificate 毕业证书 Graduation Certificate 硕士学位 Educational Certificate 毕业证书 Graduation Certificate 博士学位 Educational Certificate Degree certs from India: File to contain actual/ provisional cert and transcripts/ marksheets (and translations if any) 48

49 Filling in the Application General Guideline for Supporting Documents from other government agencies/professional bodies Upload the correct licence/ certificate, that shows candidate s name NEA licence Should reflect coy/ sole proprietor/ partner s name Premises should tally with the place where the candidate s duties are to be performed Ensure that the licence is valid, if there is an expiry date 49

50 Before you click on Pay and Submit, check for accuracy and completeness! 50

51 Safekeep Your Online Account 52

52 Safekeep your Online Account Protect Your SingPass Keep SingPass password personal and confidential Change password regularly Log out & clear cache More security tips can be found at 53

53 Safekeep your Online Transactions Check account periodically to ensure that no one is using it without your knowledge Keep your user s information updated the administrator can login to EPOL/ WPOL and add/ remove users access & maintain particulars If the only EPOL/ WPOL administrator has left, the company will need to request for change of administrator by completing the form. 54

54 Part 3: After Submission Understanding the Outcome & Rejection Advisories 55

55 After Submission Checking Application outcome A Great Workforce A Great Workplace Status What it means? What you should do next Invalid Your application has been voided, due to errors in data entry and/or errors in documents uploaded Click the name hyperlink to open the advisory, and reapply via Reapply Now button if you still want to employ the foreigner. Remember to amend the incorrect areas/ uploads before you submit this again. Click here! 56

56 Advisory 57

57 After Submission Checking application outcome A Great Workforce A Great Workplace Status What it means? What you should do next Pending We are reviewing your application Processing time is 7 working days. Please do not contact us if it is within the 7 working days. 58

58 Status What it means? What you should do next Pending (Please click here as your action is required) We are reviewing your application and require additional documents to assess your application Click on the here hyperlink to see the instructions on what to submit, where and by when. 59

59 Status What it means? What you should do next Pending inputs from vetting agencies. Expected outcome is 2 months from the Date of Application. We need to check with other government agencies regarding your application. Processing time is up to 2 months. Check your , fax and mail to see if we had contacted you for more information. 60

60 After Submission Understanding Rejection Advisories 61

61 When your candidate did not meet the criteria, you will see S/N Advisory you see 1 This candidate does not qualify for an Employment Pass. An application like this might have been approved in the past. However, our criteria for Employment Pass have been tightened to protect local wages, ensure fair employment opportunities for Singaporeans and to manage our overall workforce numbers. You may wish to consider manpower leaner options or to recruit Singaporeans on merit. If you still choose to hire this candidate, do consider if he is able to command a higher salary for the value he offers. Before you do, use MOM's Self Assessment Tool ( to work out what you would need to pay this candidate for us to consider your appeal. Otherwise please select a more qualified person. 62

62 When your candidate did not meet the criteria for renewal, you will see S/N Advisory you see 2 This candidate no longer qualifies for an Employment Pass. You may have been allowed to retain this foreigner in the past. However, our criteria for Employment Pass have been tightened to protect local wages, ensure fair employment opportunities for Singaporeans and to manage our overall workforce numbers. You may wish to consider manpower leaner options or to recruit Singaporeans on merit. If you still choose to keep this candidate, consider if he is able to command a higher salary for the value he offers. Before you do, use MOM's Self Assessment Tool ( to work out what you would need to pay this candidate for us to consider your appeal. You may also consider applying for an S Pass for this candidate if you have the available quota. 63

63 Your company turnover matters S/N Advisory you see 3 Your company's turnover does not generate enough revenue to pay your employees' salaries and business expenses. Unless you can show us active major business contracts or sales receipts, we will not be able to issue a work pass to your company. 64

64 When we ask you to look for another candidate, it means S/N Advisory you see 4 The candidate is not eligible to apply for a work pass. Please look for another candidate. 65

65 When we see inconsistencies in your application S/N Advisory you see 5 MOM has reasons to suspect that your candidate has made dubious salary declarations in the past. If you wish to appeal, please give us details of the candidate's job duties. 6 MOM has reasons to suspect that your candidate's salary and credentials are inflated to meet our work pass criteria. Thus we are unable to approve the application. 7 Based on your company's CPF records, the number of local employees have been fluctuating over the past few months. As such, we are unsure whether your business is still active and we are concerned about your plans to hire a foreign employee. We will not be able to properly assess any application from your company until your company's workforce is stabilized (demonstrated by regular and prompt payment of CPF contributions to your local employees). You are advised not to appeal until then. 66

66 When you don t have quota or have been debarred from hiring FWs S/N Advisory you see 8 Your company does not have sufficient quota to employ S Pass holders. 9 Your company has infringed the Employment of Foreign Manpower Act (EFMA). Please refer to the letter issued by the relevant department(s) on the infringement(s). 67

67 Thank You 68