On 25/05/2013,
you requested for the version in force on 25/05/2013
incorporating all amendments published on or before 25/05/2013.
The closest version currently available is that of 09/11/2012.
7.
—(1) Every application for a work pass shall —
(a)
where the work pass belongs to any category of work passes prescribed by the Minister, be made by a person prescribed for that category of work passes;
(b)
be in such form as the Controller may determine;
(c)
be accompanied by the prescribed fee, if any; and
(d)
be accompanied by such information, statements and documents as the Controller may require.
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(2) On receipt of an application under subsection (1), the Controller may —
(a)
issue a work pass, with or without conditions —
(i)
if the prescribed fee has been paid; and
(ii)
if the Controller is satisfied that the foreign employee or self-employed foreigner to whom the work pass is to be issued is not a prohibited immigrant under section 8 of the Immigration Act (Cap. 133); or
(b)
refuse to issue any work pass.
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(2A) The Controller may, before issuing a work pass under subsection (2), issue an in-principle approval of the application for the work pass subject to such conditions as the Controller may think fit to impose.
(3) A work pass may, on payment of the prescribed renewal fee, be renewed by the Controller for such period as the Controller may determine, starting from the day immediately following the day on which the work pass would have expired but for that renewal.
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(4) The Controller may at any time —
(a)
vary or revoke any of the existing conditions of a work pass or impose new conditions;
(b)
cancel any in-principle approval, or vary, suspend or revoke a work pass;
(c)
reinstate a work pass which has been suspended or revoked, if the prescribed fee has been paid; or
(d)
debar any person from applying for or being issued with a work pass for such fixed period of time as may be determined by the Controller.
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(4A) For the purposes of this section, the Controller may, in relation to a foreign employee —
(a)
impose conditions that the employer of the foreign employee shall comply with —
(i)
relating to the employment of the foreign employee; or
(ii)
relating to the foreign employee, after the in-principle approval or the work pass relating to that foreign employee is cancelled or revoked or expires; and
(b)
impose conditions that the foreign employee shall comply with relating to his employment as a foreign employee.
(4B) In the exercise of any power under subsection (4)(a) or (4A), the Controller shall not —
(a)
vary or revoke any existing condition of a work pass to become inconsistent with any condition prescribed by the Minister by regulations under section 29(2)(c); or
(b)
impose any new condition for a work pass that is inconsistent with any condition prescribed by the Minister by regulations under section 29(2)(c),
and any condition varied, revoked or imposed by the Controller which is so inconsistent shall, to the extent of the inconsistency, be void.
(4C) In determining whether a person should be debarred under subsection (4)(d) from applying for or being issued with a work pass, the Controller may have regard to such considerations as he deems appropriate, including but not limited to —
(a)
whether the person has acted, or is acting, in concert with or on the direction of a debarred person for or in connection with the employment of any foreign employee; or
(b)
whether the person, as an associate of a debarred person, is engaged in a trade or business which is substantially similar to any trade or business of the debarred person.
(4D) For the purposes of subsection (4C)(b) —
(a)
a person is an associate of an individual —
(i)
if that person is the individual’s spouse, or if that person is a relative, or the spouse of a relative of the individual or his spouse;
(ii)
if that person is in partnership with the individual, or the individual is the spouse or a relative of any other person with whom the first-mentioned person is in partnership;
(iii)
if that person employs the individual or the individual employs that person, and for this purpose, any director or other officer of a person that is a company shall be treated as employed by that company;
(b)
a person in his capacity as trustee of a trust is an associate of an individual if the beneficiaries of the trust include, or the terms of the trust confer a power that may be exercised for the benefit of, that individual or an associate of that individual;
(c)
a company is an associate of an individual if that individual has control of it or if that individual and persons who are his associates together have control of it;
(d)
for the purposes of paragraph (a), a person is a relative of an individual if he is that individual’s brother, sister, uncle, aunt, nephew, niece, lineal ancestor or lineal descendant;
(e)
any reference in this subsection to a spouse shall include a former spouse;
(f)
for the purposes of paragraph (c), an individual shall be taken to have control of a company if —
(i)
the directors of the company or of another company which has control of it (or any of them) are accustomed to act in accordance with his directions or instructions; or
(ii)
he is entitled to exercise, or control the exercise of, one-third or more of the voting power at any general meeting of the company or of another company which has control of it,
and where 2 or more persons together satisfy sub-paragraph (i) or (ii), they shall be taken to have control of the company; and
(g)
in this subsection, “company” includes any body corporate (whether incorporated in Singapore or elsewhere), and references to directors and other officers of a company and to voting power at any general meeting of a company shall have effect with any necessary modifications.
(5) Any person who is aggrieved by a decision of the Controller under subsection (2), (3) or (4) may appeal to the Minister, whose decision shall be final.
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(6) There shall be no judicial review in any court of any decision or act of the Minister or the Controller under this section, except in regard to any question relating to compliance with any procedural requirement of this Act governing such decision.
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(7) In subsection (6), “judicial review” includes proceedings instituted by way of —
(a)
an application for a Mandatory Order, a Prohibiting Order or a Quashing Order;
(b)
an application for a declaration or an injunction;
(c)
an Order for Review of Detention; and
(d)
any other suit or action relating to or arising out of any decision made or act done in pursuance of any power conferred upon the Minister or the Controller by this section.
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