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Home Knowledge Can an S Pass Holder Marry a Singaporean?

Can an S Pass Holder Marry a Singaporean?

by Celia
What Can The President Not Do-Legal Perspective

Marriage is a significant step in one’s life, and for S Pass holders in Singapore, understanding the legal and procedural requirements is crucial. This comprehensive guide aims to elucidate the intricacies involved in the process, ensuring that both the S Pass holder and their Singaporean partner are well-informed and prepared for this important milestone.

Legal Requirements for Marriage

Eligibility Criteria

S Pass Holder’s Status

An S Pass holder in Singapore must meet specific criteria to be eligible for marriage to a Singaporean citizen. Here are the essential requirements:

Minimum Duration of Stay: The S Pass holder should have resided in Singapore for a minimum continuous period, typically one year, before they can apply for marriage. This ensures that the individual has established a stable presence in the country.

Validity of S Pass: The S Pass must be valid at the time of marriage application and should not be nearing its expiry date. It is advisable to have at least six months of validity remaining on the pass to avoid complications.

Employment Status: The S Pass holder must be gainfully employed, as the S Pass is tied to employment in Singapore. Any lapse in employment status might affect their ability to remain in the country and consequently their marriage plans.

Singaporean Citizen’s Status

The Singaporean citizen intending to marry an S Pass holder must also meet certain criteria:

Age Requirement: Both parties must be at least 21 years old. If either party is below 21 but above 18, parental consent is required.

Marital Status: The Singaporean citizen must be single, divorced, or widowed. If previously married, they must provide proof of the dissolution of the prior marriage through a divorce certificate or a death certificate of the former spouse.

Legal Documentation

Marriage License

Obtaining a marriage license in Singapore involves a systematic process. Here is a step-by-step outline:

Notice of Marriage: The couple must file a Notice of Marriage at least 21 days before the intended date of marriage. This notice can be filed online via the Registry of Marriages (ROM) website.

Necessary Documents:

For the S Pass Holder: Passport, S Pass card, proof of residency (e.g., utility bills, tenancy agreement), and a certificate of no impediment to marriage (if required by the country of origin).

For the Singaporean Citizen: Identity card (NRIC) and, if applicable, divorce certificate or death certificate of the former spouse.

Statutory Declaration: Both parties must attend a statutory declaration at the ROM to confirm their eligibility to marry. This includes declaring their marital status and the absence of legal impediments to the marriage.

Collection of Marriage License: Once the notice period has lapsed without objections, the couple can collect their marriage license from the ROM.

Supporting Documents

In addition to the basic documents required for the marriage license, the S Pass holder may need to provide:

Proof of Residency: Documents such as tenancy agreements, utility bills, or letters from employers to confirm the S Pass holder’s address in Singapore.

Visa Status: A copy of the S Pass and any other relevant immigration documents to verify the legal stay in Singapore.

Procedures for Marriage

Application Process

Steps Involved

Submission of Notice of Marriage: This is done online via the ROM website. The couple needs to fill in their personal details, upload the required documents, and pay the application fee.

Statutory Declaration Appointment: The couple must attend an appointment at the ROM to make a statutory declaration of their eligibility to marry. This appointment is usually scheduled a few days after the notice of marriage is submitted.

Marriage Solemnization: The marriage can be solemnized at the ROM or a designated venue by a licensed solemnizer. The solemnization can take place no earlier than 21 days and no later than three months from the date of the notice.

Registration of Marriage: Post-solemnization, the marriage is officially registered, and the couple receives their marriage certificate.

Where to Submit the Application

All applications and notices are submitted online through the ROM website. Physical documents, if required, are presented during the statutory declaration appointment.

Required Forms and Processing Time

Forms: Notice of Marriage form, Statutory Declaration form, and other specific forms as required.

Processing Time: The minimum processing time is 21 days, which is the mandatory notice period. It is advisable to start the process at least one to two months in advance to accommodate any unforeseen delays.

Legal Representation

Is Legal Representation Required?

Legal representation is not mandatory for the marriage process. However, couples may seek legal advice to understand their rights and obligations, especially in cases involving complex immigration issues or if there are significant prenuptial arrangements.

Fees Involved

Notice of Marriage Fee: This varies but is typically around SGD 42.

Solemnization Fees: These may vary depending on the venue and the solemnizer. If done at the ROM, fees are generally lower compared to private venues.

Pre-Marital Checks

Necessary Checks and Counseling

While there are no mandatory pre-marital checks, couples are encouraged to undergo pre-marital counseling. This is particularly beneficial for intercultural marriages to address potential cultural and communication differences. The Ministry of Social and Family Development (MSF) provides resources and referrals for such counseling services.

Post-Marriage Considerations

S Pass Holder’s Status

Impact on Immigration Status

Marriage to a Singaporean citizen does not automatically confer permanent residency or citizenship to an S Pass holder. However, it can positively influence the application process for permanent residency (PR). The S Pass holder may apply for PR under the Family Ties scheme, which considers their marriage to a Singaporean citizen as a favorable factor.

Potential Changes to Visa Requirements

Post-marriage, the S Pass holder can continue to work under their existing S Pass. If they choose to apply for PR, their employment status and contribution to Singapore’s economy will be significant considerations. It is advisable to consult with the Immigration and Checkpoints Authority (ICA) for detailed guidance on PR application post-marriage.

Family Obligations

Responsibilities Towards Spouse and Children

Marriage brings with it certain legal and familial obligations. The S Pass holder must ensure that they fulfill these responsibilities:

Spousal Support: The S Pass holder is expected to contribute to the financial and emotional well-being of their Singaporean spouse. This includes sharing in household expenses and participating in joint decision-making.

Childcare and Parental Responsibilities: If the couple has children, the S Pass holder has a legal obligation to support and care for them. This includes financial support, providing for their education, and ensuring their overall well-being.

Adherence to Legal Requirements: Both spouses must comply with Singapore’s laws regarding marriage and family. This includes obligations related to maintenance, property rights, and custody arrangements in case of separation or divorce.

Conclusion

In conclusion, while the process of marrying a Singaporean as an S Pass holder involves specific legal and procedural steps, careful preparation and understanding of the requirements can ensure a smooth transition into married life. By meeting eligibility criteria, securing necessary documentation, and fulfilling post-marriage obligations, both partners can look forward to a stable and harmonious life together in Singapore.

FAQs

Can foreign nationals get married in Singapore?

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Yes, foreign nationals can get married in Singapore. The process involves filing a Notice of Marriage with the Registry of Marriages (ROM) at least 21 days before the intended wedding date and no more than three months in advance. Both parties must be present in Singapore during this period. Additionally, they need to meet all legal requirements, including age and marital status verifications, and provide the necessary documentation, such as passports and divorce or death certificates if applicable. Singapore’s marriage process is efficient and accommodates both residents and visitors seeking to tie the knot.

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What is the benefit of a S Pass in Singapore?

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The S Pass in Singapore is a work visa designed for mid-skilled foreign employees. It offers several benefits, including the opportunity for businesses to hire skilled talent from abroad, filling positions that are not easily met by the local workforce. S Pass holders can bring their dependents to Singapore if they earn a minimum monthly salary. This visa allows employees to gain valuable work experience in a global business hub with a high standard of living. Furthermore, S Pass holders are eligible for various government benefits, including access to healthcare and, under certain conditions, the possibility of applying for permanent residency.

Can a foreign domestic worker marry a Singaporean?

A foreign domestic worker (FDW) can marry a Singaporean, but the process involves strict regulations and requirements. The FDW must first obtain permission from the Ministry of Manpower (MOM) before proceeding with marriage plans. This is to ensure that the worker’s rights and welfare are protected, and the employer’s obligations are clearly defined. The couple must also meet standard marriage requirements set by the Registry of Marriages (ROM). Approval from MOM can be a complex process, often requiring the couple to demonstrate the genuineness of their relationship and their ability to support themselves financially without relying on the domestic worker’s employment.

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