PART III

ENTRY AND RE-ENTRY PERMITS

Entry permits
10. —(1) Any person seeking to enter Singapore who is not entitled so to enter as a citizen of Singapore or by virtue of a valid pass to enter Singapore issued to him or seeking to remain in Singapore after he had ceased to be a citizen of Singapore or after the expiry of such a pass may make application in that behalf in the manner prescribed to the Controller or to such other person whether within or outside Singapore as the Controller may, from time to time, appoint for the purpose.

[53/2004]

(2) Upon an application made under subsection (1) and upon payment of the prescribed fee, the Controller may issue to the applicant an entry permit in the prescribed form and shall, if the applicant is required by the provisions of any written law relating to passports for the time being in force in Singapore to have a visa to enter Singapore, issue a visa to the applicant on the production by him of his passport or other travel document and on payment of the fee prescribed by that written law, and the visa shall remain valid until the expiry or cancellation of the entry permit issued to him.

(3) The Controller may, in his discretion —

(a) at the time of issuing an entry permit under subsection (2), impose any condition as he thinks fit; or

(b) at any time after the issue of an entry permit under subsection (2), vary or revoke any condition to which the entry permit is subject or impose any condition thereto.

[53/2004]

(3A) For the avoidance of doubt, the power of the Controller to vary, revoke or impose any condition under subsection (3) (b) may be exercised whether or not he is entitled to cancel the entry permit under this Act.

[53/2004]

(4) Before varying or imposing any condition on an entry permit under subsection (3) (b), the Controller shall notify the holder of the entry permit of his intention to do so and shall give the holder an opportunity to be heard as to why the condition of his entry permit should not be varied or the additional condition should not be imposed.

[38/93;53/2004]

(5) Any person who is aggrieved by the decision of the Controller under this section may, within 30 days of being notified of the decision of the Controller, appeal by petition in writing to the Minister whose decision shall be final.

[38/93]

(6) Any entry permit issued by the Controller before 15th January 2005 to any person who was in Singapore at the time he ceased to be a citizen of Singapore and who continued to remain in Singapore shall be deemed to have been validly issued and shall continue in force until it is cancelled.

[53/2004]

Re-entry permits
11. —(1) Any person lawfully resident in Singapore, not being the holder of a valid pass or a citizen of Singapore, who seeks to leave Singapore temporarily, or within one month of so leaving Singapore, may make an application to the Controller in the prescribed manner for the issue to him of a re-entry permit authorising him to re-enter Singapore.

(2) Upon an application made under subsection (1) and upon payment of the prescribed fee, the Controller may issue to the applicant a re-entry permit in the prescribed form and shall, if the applicant is required by the provisions of any written law relating to passports for the time being in force in Singapore to have a visa to enter Singapore, issue a visa to the applicant on the production by him of his passport or other travel document and on payment of the fee prescribed by that written law and the visa shall remain valid until the expiry or cancellation of the re-entry permit issued to him.

(3) Any person aggrieved by the refusal of the Controller to issue to him a re-entry permit under this section may, within 30 days of the notification of the refusal to him, appeal by petition in writing to the Minister whose decision shall be final.

Persons ceasing to be citizens of Singapore
11A. —(1) Subject to subsection (4), any person in Singapore who, on or after 15th January 2005, ceases to be a citizen of Singapore shall not remain in Singapore for more than 24 hours after the date on which he ceases to be a citizen of Singapore unless he has been issued with a permit or a pass authorising him to remain in Singapore.

[53/2004]

(2) Any person who, on or after 15th January 2005, ceases to be a citizen of Singapore and who wishes to remain in Singapore may make an application to the Controller in the prescribed manner for the issue to him of a permit or a pass authorising him to remain in Singapore.

[53/2004]

(3) Upon an application made under subsection (2) and upon payment of the prescribed fee, the Controller may issue to the applicant a permit or a pass authorising him to remain in Singapore.

[53/2004]

(4) Any person who applies for a permit or a pass under subsection (2) before the expiry of the time specified in subsection (1) —

(a) may remain in Singapore pending the determination by the Controller of the application; and

(b) subject to subsection (5), shall not remain in Singapore for more than 24 hours after being informed that his application for a permit or pass has been rejected.

[53/2004]

(5) Subsection (4) (b) does not prevent a person from entering and remaining in Singapore if he is subsequently issued with a permit or a pass by the Controller authorising him to enter and remain in Singapore.

[53/2004]

(6) Any person who, without reasonable cause, contravenes subsection (1) or (4) (b) shall be guilty of an offence and —

(a) in the case where he remains unlawfully in Singapore for a period not exceeding 90 days, shall be liable on conviction to a fine not exceeding $4,000 or to imprisonment for a term not exceeding 6 months or to both; or

(b) in the case where he remains unlawfully in Singapore for a period exceeding 90 days, shall on conviction be punished with imprisonment for a term not exceeding 6 months and shall also, subject to section 231 of the Criminal Procedure Code (Cap. 68), be punished with caning with not less than 3 strokes, or where by virtue of that section he is not punishable with caning, he shall, in lieu of caning, be punished with a fine not exceeding $6,000.

[53/2004]

Endorsement of names of wife and children on permits, passes and certificates
12. Subject to such conditions as may be prescribed, it shall be lawful for the Controller, on application made in that behalf in the prescribed form by the holder of, or by an applicant for, a permit, pass or certificate, to endorse upon the permit, pass or certificate issued to that person the name or names of the wife or child of that person.

Power to make inquiries
13. The Controller may, before the issue of a permit, pass or certificate under this Act or before making any endorsement thereon under section 12, make such inquiries or require the production of such evidence as he may think fit in order to satisfy himself as to the truth of any statement made in the application for the permit, pass or certificate.

Cancellation and declarations regarding permits and certificates
14. —(1) Where the holder of any permit seeks to enter Singapore accompanied by any child whose name is not endorsed upon that permit under section 12 and who is not otherwise entitled to enter Singapore under the provisions of this Act, the Controller may cancel the permit issued to that person.

(2) Where, upon the arrival in Singapore of any person to whom a permit or certificate has been issued, the Controller is satisfied, as a result of inquiries made under section 24, 25, 25A or 26, or from other information, that the permit or certificate was issued as a result of any false representation or concealment of a material fact, the Controller may cancel the permit or certificate.

[38/93]

(3) Where at any time during the period of validity of any permit or certificate, the Controller is satisfied that the holder of the permit or certificate is a prohibited immigrant, the Controller shall cancel the permit or certificate.

(4) Where any person has entered or remains in Singapore by virtue of a permit or certificate, and the Controller is satisfied that —

(a) any material statement made in or in connection with the application for the permit or certificate was false or misleading;

(b) the person is a prohibited immigrant; or

(c) the holder of the permit or certificate has contravened any condition stated in the permit or certificate,

the Controller may cancel the permit or certificate issued to that person, and may declare at any time after the date of the entry or date of the issue of the permit or certificate that the presence of that person in Singapore is unlawful.

[34/98]

(5) On making any cancellation under subsection (2), (3) or (4) or on making any declaration under subsection (4), the Controller shall, by notification which, if the address of the person is known, shall be sent to him at that address and otherwise shall be published in such manner as the Controller thinks fit, inform the person affected thereby of the grounds on which the cancellation or declaration has been made.

[34/98]

(6) The person may appeal against the cancellation or declaration, as the case may be, within such time and in such manner as may be prescribed, to the Minister whose decision shall be final.

Unlawful entry or presence in Singapore
15. —(1) A person shall not remain in Singapore after the cancellation of any permit or certificate, or after the making of a declaration under section 14 (4) or after the expiration or notification to him, in such manner as may be prescribed, of the cancellation of any pass relating to or issued to him unless he is otherwise entitled or authorised to remain in Singapore under the provisions of this Act or the regulations.

(2) A person shall not remain in Singapore in contravention of section 62.

[12/70]

(3) Any person who contravenes, without reasonable cause, this section shall be guilty of an offence and —

(a) in the case where he remains unlawfully for a period not exceeding 90 days, shall be liable on conviction to a fine not exceeding $4,000 or to imprisonment for a term not exceeding 6 months or to both;

(b) in the case where he remains unlawfully for a period exceeding 90 days, shall on conviction be punished with imprisonment for a term not exceeding 6 months and shall also, subject to section 231 of the Criminal Procedure Code (Cap. 68), be punished with caning with not less than 3 strokes, or where by virtue of that section he is not punishable with caning, he shall, in lieu of caning, be punished with a fine not exceeding $6,000.

[35/84;6/89; 41/95]