The Straits Times
5 February 2021

ICA will facilitate foreign spouses' stay here during divorce proceedings

We refer to the letter, Do more to help migrant spouses in divorce cases (Jan 28), by Ms Chong Ning Qian.

We would like to assure Ms Chong that for foreign spouses undergoing divorce proceedings, the Immigration and Checkpoints Authority (ICA) will typically facilitate the renewal of their long-term visit passes (LTVP) until the end of their divorce proceedings if they have Singaporean children and a local sponsor supporting their application.

ICA will consider whether there are mitigating factors for foreign spouses undergoing divorce proceedings to stay in Singapore, should their Singaporean spouses choose not to renew their LTVP.

ICA will generally also renew foreign spouses' LTVP after their divorce if they have custody of Singaporean children.

We would like to clarify that the Singaporean spouse cannot unilaterally cancel the LTVP held by the foreign spouse without the latter's consent.

ICA requires both the Singaporean spouse-sponsor and foreign spouse to attend an interview to assess the cancellation request.

Both parties must acknowledge and sign the necessary documents before ICA proceeds with the cancellation.

Foreign spouses with valid LTVP and who wish to work are issued with pre-approved letters of consent (PLOC).

PLOC holders can work for any employer, and the employer is required to notify the Ministry of Manpower only at the start of employment.

As for foreign spouses who are short-term visitors, those who require a longer period of stay beyond the short-term visit pass granted on entry may apply for an extension of stay online, using our e-services portal.

Foreign spouses who experience marital issues and require professional case management can approach the nearest family service centre.

The Ministry of Social and Family Development strongly encourages transnational couples to attend marriage preparation courses before settling down.

These courses are offered by transnational family support centres, the Care Corner Family Journey Programme and Fei Yue's Project Family, and can help build a strong foundation for marriage.

These centres also offer programmes for couples during marriage, including assigning buddies to help the foreign spouses settle down well in Singapore.

Patrick Ong
Head, Public Communications & Protocol
Corporate Communications & Service Division
Immigration & Checkpoints Authority

Ms Nancy Ng
Director, Family Support Division
Ministry of Social and Family Development

<Original letter>

The Straits Times
28 January 2021

Do more to help migrant spouses in divorce cases

During the circuit breaker period, the Association of Women for Action and Research (Aware) saw an unprecedented spike in the number of calls to the Women's Helpline.

Like the many cases handled by family lawyers last year, a large number of calls related to experiences of family violence and divorce (Lawyers see rise in 2020 family law cases due to Covid-19, Jan 25).

Among the women who called the helpline were migrant women married to Singaporean men. These women face unique challenges in navigating the local divorce system.

First, they need to find a way to stay in Singapore while their divorces are ongoing in order to contest divorce claims. Their husbands could stop renewing their long-term visit passes before or during divorce, leaving migrant spouses with a limited time to remain in the country. This hampers their ability to negotiate a favourable divorce outcome. (Those who cannot retain legal counsel in Singapore to represent them in the proceedings may secure an extension of their short-term visit pass to do so, but they cannot work while on such a pass.)

Second, securing custody of their Singaporean children is challenging for migrant mothers if they cannot secure long-term residency.

Courts usually rule it to be in the best interest of children to stay in Singapore so they can derive the benefits of their citizenship.

According to a study on transnational divorces filed in the Singapore Family Courts between 2011 and 2015, joint custody was not the norm in divorce cases between Singaporeans and non-residents - unlike in cases between Singaporeans, where joint custody was made in 76 per cent of cases.

In fact, as many as 49 per cent of the divorce cases between citizens and non-residents resulted in sole custody orders, with almost half awarded to Singaporean fathers.

To protect migrant spouses during divorce, there could be a policy guaranteeing their right to remain in the country once proceedings begin, until at least the issuance of the Final Judgment of divorce.

Divorce processes can take months, even years, to resolve, so doing this would ensure that the migrant spouse has a fairer chance at contesting the divorce terms (if necessary), that is, by being physically present.

Migrant spouses should also be guaranteed of their right to work in the meantime, so they can support themselves.

Chong Ning Qian
Senior Executive Research
Association of Women for Action and Research