2a) The Main Offences under the Immigration Act that are relevant to Employment Agencies

  • Governs the control of entry into and departure from Singapore
  • Must possess valid entry/re-entry permit (work pass + non-work pass) issued to him
  • Illegal Immigrant classified as illegal entry 

Penalty: Imprisonment for a term not exceeding 6 months and at least 3 strokes of the cane (in lieu of caning, a fine up to $6000)

Any person who enters or re-enters or remains in Singapore in contravention of any order made under section 9(1)

Penalty: Imprisonment not less than 2 years and not more than 4 years; and also liable to a fine not exceeding $6,000 

Any person convicted of any offence which is punishable with imprisonment for at least 3 years, re-enters or remains in Singapore by using a passport or travel document which bears a different name 

Penalty: Imprisonment not less than 2 years and not more than 5 years; and Fine up to $10,000; and caning 

A person shall not remain in Singapore after the cancellation of any permit/certificate (Overstaying) 

Penalty:

  • Overstay not exceeding 90 days: Fine up to $4,000 and/or imprisonment up to 6 months
  • Overstay exceeding 90 days: Imprisonment up to 6 months and at least 3 strokes of the cane (in lieu of caning,fine up to $6,000)

Any person who abets (help, aid or support) any person to enter Singapore in contravention of the provisions of this Act or the regulations, e.g. unlawful entry

Penalty: Imprisonment for a term not less than 6 months and not more than 2 years and not less than 3 strokes of the cane (in lieu of caning a fine up to $10 000); or a fine of up to $6000. 

**applicable to construction site
***similar to Section 6A(1)

No occupier of a workplace who has control of access to the work place shall permit any immigration offender to enter or remain at the workplace

Occupier: The person having the charge, management or control of either the whole or part of the premises either on his own account or as an agent; and contractor who is carrying out building operations or construction at the premises or place on behalf of some other person

Penalty:

  • First conviction: Fine of not less than $15,000 and not more than $30,000 or to imprisonment for a term not exceeding 12 months or to both for each immigration offender found at the workplace
  • Second or subsequent conviction: Fine of not less than $30,000 and not more than $60,000 or to imprisonment for a term not exceeding 2 years or to both for each immigration offender found at the workplace

Where an immigration offender is found at a work place, it shall be presumed, until contrary is proved, that the occupier of the work place

  • had control of access to the work place;
  • had permitted the immigration offender to enter or remain at the work place; and
  • had knowledge that he is an immigration offender 

**Important for exam

Any person who harbours a person:

  • *whom the defendant knows has acted in contravention of the Act or Regulations;
  • *with reckless disregard as to whether he has acted in contravention of the Act or the regulations or
  • Negligently failing to ascertain as to whether he has acted in contravention of the provisions of this Act or the regulations
Harbouring: To give food or shelter, and includes the act of assisting a person in any way to evade apprehension  

*more severe

Penalty:

  • For (i) and (ii) - Imprisonment for a term of not less than 6 months and not more than 2 years;and liable to a fine not exceeding $6,000
  • For (iii) - Fine not exceeding $6,000 or to imprisonment for a term not exceeding 12 months; or to both

Any person who employs any person who has acted in contravention of Section 6(1), 15 or 36 or the Regulations

Penalty:

  • Imprisonment between 6 months to 2 years; and fine up to $6000
  • If the defendant has at the same time employed more than 5 immigration offenders, caning in addition to the above punishment (in lieu of caning, a fine up to $10,000). 

Other Offences

Resists or obstructs (actively or passively) any immigration officer in the execution of his duty

Uses any entry or re-entry permit, pass, Singapore visa or certificate issued to any other person as if it had been lawfully issued to himself

Uses or lawful authority has in his possession any forged, unlawfully altered or irregular entry or re-entry permit, pass, Singapore visa or certificate or other document issued under the Act or Regulations, or any permit, pass, Singapore visa or certificate or other document so issued on which any endorsement has been forged or unlawfully altered

Penalty: Fine not exceeding $4,000 and/or imprisonment for a term not exceeding 12 months