Amendments to Singapore's Immigration Act: Automated clearance systems, enhanced administration of PR permits, and more

The Immigration (Amendment) Bill 2023, among other aims, seeks to make clear when a PR is deemed to have lost PR status if they are overseas without a valid Re-Entry Permit (REP).

Singapore's Ministry of Home Affairs (MHA) shared on Wednesday (2 August 2023) details of the Immigration (Amendment) Bill 2023, which was introduced for first reading in Parliament on that day.

 "This Bill seeks to ensure that ICA has the legal powers to implement new border security measures and streamline administration of immigration facilities, so that it can continue to keep our borders safe and secure," it noted.

The Bill proposes amendments to the Immigration Act (IA), to better enable the Immigration & Checkpoints Authority (ICA) in four key areas.

#1 Digitalise and automate immigration processes

In this area, the Bill will introduce provisions to support ICA’s New Clearance Concept (NCC) where automated clearance will be the norm. The Ministry said from 2024 onwards, ICA will progressively introduce NCC to the various checkpoints to provide an even more seamless, secure, and efficient immigration clearance experience for all travellers.

Additionally, a new end-to-end biometric-enabled departure journey will be introduced at Changi Airport. MHA explained: "Today, a departing passenger has to produce his passport and boarding pass at various touchpoints: during bag-drop, immigration clearance, and boarding. The new departure journey will leverage biometrics for secured identification and a seamless travel experience. The passenger’s digital identity and flight information will be processed backend to produce a unique token.

"The information is then retrieved using his biometrics to verify his identity and travel details at various automated touchpoints, from bag-drop, to immigration, and boarding." To facilitate this initiative, the Bill allows the Minister for Home Affairs to authorise the disclosure of passenger/crew information to the airport operator for specific uses. This data will be retained for a short time and purged thereafter, and with appropriate safeguards in place to ensure data security.

In the same vein, the Bill will allow for use of digital versions of permits and passes to verify immigration status – previously, MHA shared, the law only allowed physical copies to be used. This move will support Singapore's National Digital Identity initiative and the move for all government processes to accept digital passes issued by the Government for identity verification.

#2 More effectively respond to new and evolving challenges

In driving this, the Bill introduces provisions to enhance ICA’s ability to manage potential safety and security threats and situations such as pandemics. It will enhance ICA’s powers to obtain information on travellers upstream, screen and assess travellers prior to arrival, and prohibit travellers from arriving in or transiting through Singapore, the Ministry said.

Through the Bill, ICA will be able to:

1. Collect advance passenger/crew information across all modes of entry, and
2. require all travellers to furnish particulars about themselves upon arrival if the need arises.

The Bill will also clarify that it is an offence to give false or misleading information to ICA even when the information was given while the individual was outside Singapore.

Apart from the above, the Bill will also:

• Authorise ICA to issue No-Boarding Directives (NBDs) to direct transport operators to deny the boarding of undesirable individuals, particularly those who pose a threat to Singapore's safety and security, in complement to pre-arrival screening.

"This prevents them from travelling to Singapore in the first place, instead of only being turned back at our checkpoints on arrival. The Bill also introduces penalties against transport operators who fail to submit accurate, complete, and timely advance passenger/crew information, or comply with an NBD," MHA highlighted.

"Currently, the IA allows the Minister for Home Affairs to prohibit the entry of foreigners on security grounds, but it is not explicit that such powers can be applied on public health grounds. The Bill will allow the Minister to prohibit the entry or transit by foreigners on public security or public health grounds, without having to cancel their PR status or immigration pass," it added.

#3 Strengthen border controls against undesirable persons

Currently, ICA officers only have powers of arrest for persons involved in immigration offences, or non-immigration offences committed within or in the vicinity of an authorised area (e.g., a checkpoint); and powers of detention for vehicles involved in immigration offences. When a person or vehicle involved in a non-immigration offence outside an authorised area is detected at the checkpoints, ICA relies on police officers to carry out arrests/detention.

With the Bill, ICA officers are given the powers to detain persons or vehicles involved in non-immigration offences, no matter where they took place, pending the arrival of the respective law enforcement agency (or their appointed auxiliary police officers). These powers, it said, are particularly relevant at the land checkpoints, as ICA has taken over protective security functions there from the Singapore Police Force since January 2023.

The Bill also empowers the Minister to make regulations for custodial management measures at immigration depots, where persons detained by ICA are held.

 #4 Allow more efficient administration of immigration passes and permits issued to foreigners and Permanent Residents

The fourth area the Bill focuses on is in enhancing the administration of immigration passes and permits for foreigners and Permanent Residents (PRs).

It involves the following:

First, the Bill seeks to make clear when a PR is deemed to have lost PR status if they are overseas without a valid Re-Entry Permit (REP). For context, PRs in Singapore hold two permits: the Entry Permit which is issued when PR status is first granted to enter or remain in Singapore, and the REP which is issued for a fixed validity period and allows a PR to re-enter Singapore during that period.

A PR who is overseas without a valid REP would be deemed as having lost their PR status. Currently, the IA provides a PR with a grace period of one month after the REP has expired to apply for reinstatement of his PR status. MHA noted that notwithstanding, ICA has been exercising flexibility and allowing some of those who miss this deadline to have their PR status reinstated if they have legitimate reasons (e.g., overseas hospitalisation). However, this means that the PR had effectively lost their PR status during the period between the REP expiry and PR reinstatement.

In that vein, the Bill seeks to amend the IA as follows:

• If a PR is outside Singapore without a valid REP, they are given a prescribed period to apply for an REP before PR status is lost – as opposed to the current practice, in which PR status is lost at the point at which a PR is overseas without a valid REP). MHA intends to set this period at six months, in subsidiary legislation. This is intended to give PRs sufficient time to remedy the situation.
• If said PR applies for an REP before the end of the prescribed period, and is successful, they will remain a PR.
• However, if the individual fails to apply for an REP before the end of the prescribed period, or has applied for an REP but is unsuccessful, their Entry Permit will be cancelled, and PR status lost.
• If a person who has lost PR status wishes to be a PR again, they will need to make a fresh application for PR.

"We encourage all PRs to apply to renew their REP in a timely manner, before it expires," MHA said.

Second, the Bill will remove the right to make statutory appeals to the Minister for decisions made by ICA on the grant and revocation of PR status, and the variation of conditions attached to PRs’ permits. MHA elaborated: "This will align the treatment of such PR-related decisions with decisions on other immigration passes (e.g., long-term visit passes) and citizenship, for which there is no statutory right of appeal.

"Foreigners have no right to demand to enter or stay in Singapore; this must be the prerogative of the Government."

The Ministry added that even with the removal of statutory appeal, PR applicants and PRs may continue to seek ICA’s reconsideration of its decisions, particularly if there are new facts that were not previously submitted to ICA.

Third, the Bill will simplify the process for imposing or varying conditions on permits, by allowing ICA to simply notify permit holders of the change. This is in contrast to the current process, in which ICA must first allow representations by permit holders before the changes are introduced. Similar provisions for imposing or varying conditions on passes will also be introduced.

MHA affirmed that the aim of imposing such conditions is to ensure that PRs and pass holders comply with our laws and do not engage in undesirable behaviour. Where such conditions are breached, permits or passes can be cancelled.

Photo: Derek Teo / Shutterstock