There has been an increase in the number of matrimonial disputes that has led to divorce and separation. This can be a daunting experience to a foreigner or a habitual resident in Singapore whose immigration status is pegged to the other spouse.
The most important concern would be the effect of the divorce on their immigration status in Singapore.
Spouses of foreigners working in Singapore on Employment Pass either hold a Dependents Pass or are Permanent Residents.
In this article, we will share the various avenues that are available to help one facing their immigration status revoked upon divorce.
Spouses on Dependent’s pass are likely to lose their status in the event of a divorce since their visa is tied to the primary applicant, the other spouse.
However, this may be overcome in a few ways. One of the easiest ways to remedy this problem is to find an alternative employment. You will then be put on an S pass or Employment pass and the Dependent’s pass will be cancelled. This should be done prior to the expiry of the Dependent’s pass and prior to the finalization of the divorce proceedings.
You may then next ask if the children of the marriage will have their Dependent’s passes cancelled – well the good news is that a divorce will not affect the status of the child on the Dependent’s pass in the event of a divorce. This means that they can stay on here.
The other alternative is for you to enter into a separation agreement with your spouse until the children have completed their education. However, a separation agreement is not binding and it may be more secure to file for judicial separation so that a binding order is issued on all matters and parties are separated. This will preserve the spouse’s immigration status. This means that the couple is legally separated, and the financial issues are sorted out by way of a Court Order.
The Permanent residency status of a spouse and the child is unlikely to change in the event of a divorce. However the spouse needs to become financially stable in order to avoid complications at the time the PR is due for renewal.
Litigation should be a last resort. Your family arrangements post-divorce or separation can be amicably sorted out even if there are cross border or jurisdictional issues.
You may speak to us to understand the nuances about how you can safeguard your immigration status in Singapore in the event of a divorce.
Ms Sharanjti is a family law specialist and can be reached at sharanjit@advoxlaw.com
Ms Suba is an immigration specialist and can be reached at info@migration-partners.com.