How Will Divorce Affect My Permanent Residency Or Long Term Visit Pass (LTVP) In Singapore?

Generally, one of the major concerns for foreigners getting divorced in Singapore is whether their Permanent Residency or Long Term Visit Pass will be revoked.

There are a number of scenarios that can occur but it is important to note that this is subject to the regulations of the Immigrations & Checkpoints Authority.

Permanent Residency (PR)

Generally, if you have already become a PR in Singapore, this will not cease upon divorce, and you will still be permitted to stay in the country.

Long-Term Visit Pass (LTVP)

The LTVP allows Singaporeans or Singapore PRs to sponsor a foreigner to stay in Singapore for a period of time. The LTVP applies to spouses, immediate family members and children of the Singaporean / Singapore PR

Upon a divorce, you are no longer the spouse of the Singaporean or Singapore PR and your LTVP may be revoked. If this happens, you will not be able to stay in Singapore for more than 90 days from the revocation, and will have to leave the country.

When it comes to divorce, this situation can be a challenging and worrisome to deal with. Your immigration status may work against you if you are undergoing contested ancillary divorce proceedings with your spouse.

For example, if you have children, your Singaporean / Singapore PR spouse may most likely end up with the defacto care and control of your children, because you will not be in Singapore to be able to take care of them. In addition, under Section 126(3) and (4) of the Women’s Charter, it may be considered child abduction if you take your children out of Singapore without the consent of your ex-spouse or the court.

If you are facing this situation, you may wish to engage a divorce lawyer to better advise you on the options available.

If you are a LTVP holder and going through a divorce with your spouse, and your spouse has chosen not to renew your LTVP, it may be a very troubling situation for you.

However, on 28 January 2021, the ICA stated in a press release that they will generally renew foreign spouses’ LTVP after their divorce if they have custody of the children, and that the Singaporean spouse cannot unilaterally cancel the LTVP without the consent of the LTVP pass holder.

In this situation, the ICA requires both the Singaporean and LTVP pass holder to attend an interview to assess the cancellation request, where both parties must acknowledge and sign the necessary documents before proceeding with the cancellation of the LTVP.

In the long run, in order to stay for a longer period in Singapore, it may be the best and most practical option for you to seek employment locally so that you can stay in Singapore under an Employment Pass (EP).

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If you are contemplating your options with respect to a divorce, we can assist. Just get in touch with us through our contact form below and we will follow up with you regarding your matter.