If the Employment Pass is to be sponsored by the Singapore company you intend to establish, the usual sequence is to incorporate the Singapore company first and then submit the Employment Pass application.
An Employment Pass application is made by the employer or its appointed employment agent. Your proposed Singapore company therefore needs to exist before it can act as the employer sponsoring your Employment Pass. MOM also has a separate sponsorship route for certain overseas companies without a Singapore-registered office; this is different from an Employment Pass sponsored by the Singapore company you are proposing to incorporate.
Why is a resident director needed first? Singapore law requires every Singapore company to have at least one director who is ordinarily resident in Singapore from the time it is incorporated. If you are based overseas and do not yet meet the local residency and work-pass requirements to act as the company's resident director, another qualifying individual must fulfil this requirement at incorporation.
This could be a co-founder, business associate or another suitable individual who meets the requirements. Alternatively, Apexia can provide a nominee resident director service, subject to client due diligence, risk assessment and acceptance requirements.
For a typical private company limited by shares, the principal incorporation requirements include:
A company secretary must also be appointed within six months after incorporation. The secretary does not have to be appointed before the company can be incorporated.
Can the nominee resident director be replaced after the Employment Pass is obtained? Potentially, yes, but obtaining an Employment Pass should not automatically be treated as confirmation that you can act as the company's qualifying resident director. You must satisfy ACRA's local residency requirements and comply with any conditions imposed by your work pass. FIN holders should check with MOM or the relevant pass issuer before accepting the directorship and obtain any necessary approval before the change is made.
Once you are eligible to fulfil the resident-director requirement yourself, the company may appoint you accordingly and, subject to the terms of the nominee arrangement, arrange for the nominee resident director to resign. The company must nevertheless have at least one qualifying resident director at all times.
Do you have to come to Singapore? The company incorporation and Employment Pass application can generally be handled while you are outside Singapore. MOM confirms that the Employment Pass candidate does not need to be in Singapore when the application is submitted. However, once the Employment Pass is approved, the candidate must be in Singapore for the pass to be issued and may also be required to attend registration for fingerprints and a photograph.
Apexia can assist with the Singapore company incorporation process and coordinate the related corporate, immigration and compliance requirements.