Overstaying Fine for MOM Work Permits in Singapore

Overstaying in Singapore on a Ministry of Manpower Work Permit is an offence punishable by fines, penalties, or even imprisonment. In this blog, find out everything about the fine and penalty for overstaying and all other essential information you should know in order to keep your work permit in compliance with MOM requirements and out of legal trouble.

1. What is a MOM Work Permit?

The MOM Work Permit allows foreign manpower to work in construction, manufacturing, and service sectors in the country of Singapore. Generally speaking, a work permit is usually valid for two years but may be shorter in some cases, depending on the employment contract and home country passport of the worker. 

It is a very important document for the foreign worker because it symbolizes his legal stay by the issuance of permission to work in the country. If it expires and is not renewed or cancelled accordingly, the worker is considered overstaying.

2. What is it called when you overstay?

Where an individual overstays after their Work Permit has expired, it means they are in contravention of Singapore’s Immigration Act. Even one day of overstaying is considered a crime. The punishments become more serious as the number of days increases. 

Below is what can happen to a foreign worker if they get caught overstaying:

Up to 90 Days of Overstay: The person has stayed over a period of up to 90 days; he shall be fined, or warned. For first-time offenses, leniency can be given; however, this is not assured .

Overstay Exceeding 90 Days: For a time period of more than 90 days overstay, law and order deem it a serious offence punishable with maximum fine of S$4,000 or imprisonment term of 6 months, or both.

Intentional Overstay: Where the element of intentional overstaying or disregard of instructions on the part of MOM can be proved, penalties are heavier: apart from imprisonment and fines, in very serious cases, there is even a threat of caning in severe cases of overstaying.

3. Penalties for Employers

Overstaying does not affect the foreign worker alone; employers, too, carry some responsibilities concerning the validity of their workers’ permits. In this regard, if MOM finds that an employer has knowingly allowed or negligibly allowed his worker to overstay, they may fine, imprison, or even blacklist them.

4. Overstaying Fines

Fines for overstaying vary according to the time period of overstaying. Generally, this is a glimpse into the different kinds of fines:

Up to 30 Days: $300 to $500 fine

31 to 60 Days: Fine between $500 and $1,000

61 to 90 Days: A fine ranging from $1,000 to $4,000 or alternatively, serving an imprisonment sentence.

Over 90 Days: Fine up to $4,000 and/or Imprisonment up to 6 months. In serious cases, caning can also be meted out.

Second-time offenders and those who have overstayed multiple times may have larger penalties taken against them.

5. Consequences Other than Fines

Besides these fines and imprisonments, some of the long-term effects of overstaying may be:

Deportation and Bans: Overstayers may be deported and banned from entering Singapore for a certain period. In more serious offenses, the ban is for life.

Loss of Employment Opportunities: An overstay offense will make future employment in Singapore hard to find for any workers. Employers are wary of hiring those with immigration violation records.

Reputation Damage: Overstaying can also cause damage to one’s professional reputation, particularly in industries that receive legal notice, such as in construction and manufacturing.

6. How to Avoid Overstaying

To avoid overstaying, you have to keep track of the expiration date of your Work Permit. The following are steps you may follow:

Check the Permit’s Date of Expiration: Always know the date your Work Permit is due to expire. You may check the status and the expiry date through the MOM website or the Work Permit Online portal.

Time for Renewal: If you are continuing in employment in Singapore, you must renew the Work Permit at least 30 days prior to its expiration. Workers have to remind the employer of this, as employers will apply to renew for them.

Termination upon leaving: You must cancel the permit well in advance of leaving Singapore, or when you have stopped working for your employer. This will prevent overstay. 

Consult a lawyer: If there is some problem with the work permit then take the advice of a legal expert or consult MOM to obtain advice. 

7. What to Do When You Overstay

What if you only finally realized that you had overstayed in Singapore? You need to act right now to prevent further damages. The following are the things you should do:

Surrender Yourself: You need to report yourself immediately to ICA or MOM. Once you surrender yourself, sometimes the penalty is lighter.

Pay fines on time: In case of a fine, the fine has to be paid in due time. Non-payment within the given period will lead to other legal issues, which include higher penalties.

Legal representation: Overstaying more than 90 days is considered serious and should be advised by an immigration lawyer in Singapore.

8. What Employers Should Know

It is also considerably important on the part of the employer to deal with the responsibility that the workers in their company keep valid Work Permits by renewing them on time. Employers who are found to be negligent in this respect also have to pay the following fines:

Fines on Employers: When an employer fails to get their workers’ Work Permits renewed in time, the employers are also fined similarly. In more serious cases, employers may also be sent to imprisonment.

Workplace inspections: MOM conducts workplace inspections from time to time, and if it detects an employer who has employed a worker with an expired Work Permit, it fines both the employer and the employee.

Employment restrictions: MOM may blacklist employers who repeatedly allow workers to overstay and restrict them from hiring foreign workers in the future.

9. MOM Work Permit Renewal Process

Renewal for MOM Work Permit is easy but it has to be done within the proper time. Here are the steps:

 1. The employer has to log in to MOM Work Permit Online to submit the renewal application, which must be at least 30 days before the date of expiration of the Work Permit.

2. The MOM will review the application and possibly request supplementary documents such as a medical certificate or an update on the security bond.

3. After approval, a new work permit will be provided, and a worker can continue legally working in Singapore.

10. Key Takeaways

Always Keep Your Work Permit in Check: It is really important to not overstay by keeping the expiration date of your work permit in mind.

Renew Early: It’s always advisable to do early renewal; this would eliminate the hassle of rush hours.

Overstay and Acting Fast: If someone overstays, they must report to the authorities at the first opportunity to avoid facing very undesirable consequences.

Employers to Take Responsibility: It is required that employers be responsible for their employees in the time frame that their Work Permit is updated and valid. If not, it will receive penalties and might get into legal problems.

11. Conclusion

Overstaying in Singapore on any MOM Work Permit is a serious offense, and the fines imposed are very high. The ways of negating overstaying by workers and employers include being on the right side of the law in terms of renewing the permit before its expiry and also the conduct of both parties. 

The overstaying, if it so happens, should be quickly dealt with to minimize the imposed penalties. The foreign workers and the employers, through being vigilant and cognizant of the legal implications involved, can well avoid the very costly consequences associated with overstaying in Singapore.

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