A bill for amendments to the Immigration Act was introduced by Second Minister for Home Affairs Josephine Teo for its first reading in Parliament on Aug. 2, 2023.

The amendments are aimed at better enabling the Immigration & Checkpoints Authority (ICA) to digitalise and automate immigration processes, respond more effectively to new challenges such as pandemics, strengthen border controls against undesirable individuals and allow more efficient administration of immigration passes and permits issued to foreigners and Permanent Residents (PRs).

All travellers will not need to show their passports when leaving S'pore

The proposed amendments state that all travellers, including foreign visitors, will not need to produce their passports when departing Singapore from 2024.

Instead, the passenger's digital identity and flight information will be processed to produce a unique token, MHA said in a press release.

The token will then be retrieved via a passenger's biometrics to verify his identity and flight details at multiple automated checkpoints, such as bag-drop, immigration and boarding.

This means that a passenger's departure clearance at the airport will be contactless and automated.

The ministry added that to facilitate the initiative, the amended act will also empower the Home Affairs Minister to authorise disclosing passengers' and crews' information to the airport operator for various specific uses.

Such data will be retained by the airport operator for a short time and purged thereafter, with "appropriate safeguards" in place to ensure data security.

The bill will also allow for digital versions of permits and passes to verify immigration status.

The law previously only allowed physical copies to be used.

MHA added that this supports the National Digital Identity Initiative and the move for all government processes to accept digital passes issued by the government for identity verification.

Offence to give false information to ICA even if the action is done outside Singapore

The bill will further enhance ICA's powers to obtain information on, screen and assess travellers before arriving in Singapore.

It will also improve ICA's capability to prohibit travellers from travelling in or transiting through Singapore.

ICA will therefore be provided with the powers to collect advance information on passengers and crews across all modes of entry into Singapore, as well as require all travellers to furnish particular about themselves upon arrival if the need arises.

The bill will also clarify that giving false or misleading information to ICA is an offence, even if the information was given while the person was outside Singapore.

ICA can issue No Boarding Directives to people who pose a threat to either public health or security

ICA will also be empowered by the bill to issue No-Boarding Directives (NBD) to transport operators, to deny the boarding of undesirable individuals, such as those who pose a threat to Singapore's safety and security.

Such directives prevent these individuals from travelling to Singapore in the first place instead of only being turned back at the country's checkpoints upon arrival.

The bill will also introduce penalties against transport operators who fail to comply with an NBD or submit accurate, complete, timely advance information on crew and passengers.

MHA also noted that currently, the Immigration Act allows the Minister for Home Affairs to prohibit the entry of foreigners on security grounds.

However, the act is not explicit that such powers can be applied on public health grounds.

Hence, the bill will allow the minister to prohibit the entry or transit of foreigners on both public security and public health grounds without having to cancel their PR status or immigration pass.

ICA will have power to arrest people for non-immigration offences regardless of location

MHA highlighted that currently, ICA officers only have the power to arrest people within the vicinity of an authorised area such as a checkpoint.

ICA officers currently only have detention powers for vehicles involved in immigration offences.

If a person or a vehicle is involved in a non-immigration offence outside an authorised area, and the offence is detected at a checkpoint, ICA relies on the police to conduct the arrests and detention.

The proposed amendments will therefore provide ICA officers with the power to detain people and vehicles involved in non-immigration offences regardless of where the offences take place, pending the arrival of the respective law enforcement agency.

MHA added that these powers for ICA are particularly relevant at the land checkpoints, as ICA has taken over-protective security functions there from the Singapore Police Force (SPF) since January 2023.

The Home Affairs Minister will also be empowered under the amendments to make regulations for custodial management measures at immigration depots, where people detained by ICA are held.

PRs to be given 6 months period to apply for their REP if they are outside Singapore without a valid REP

The amendments will also clarify when a PR is deemed to have lost PR status if he is overseas without a valid Re-Entry Permit (REP).

According to MHA, PRs hold two permits: the Entry Permit, which allows a PR to enter or remain in Singapore and is issued when PR status is first granted, and the REP, which is issued for a fixed validity period and allows a PR to re-enter Singapore during that period.

A PR overseas without a valid REP would be deemed as having lost his PR status.

Currently, the Immigration Act provides a PR with a grace period of one month after the REP has expired to apply for reinstatement of his PR status.

MHA further noted that ICA has been exercising flexibility and allowing some people who have missed this deadline to have their PR status reinstated if they have legitimate reasons, such as overseas hospitalisation.

This means the PR effectively lost his status during the period between the REP expiry and PR reinstatement.

As part of the amendments, should a PR be outside Singapore without a valid REP, he will be given a prescribed period to apply for a REP before PR status is lost.

This prescribed period will be set as six months in subsidiary legislation and will give PRs sufficient time to remedy the situation.

Should the PR successfully apply for a REP before the end of this period, he will remain a PR.

If he fails to do so, or his REP application is unsuccessful, his Entry Permit will be cancelled, and PR status will be lost.

Should this person wish to be a PR again, he will need to make a fresh application for PR.

The bill will also 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.

The ministry added that this would align the treatment of such PR-related decisions with decisions on other immigration passes, such as the 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 government's prerogative," MHA said.

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

Finally, 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 processes where ICA must first allow representations by permit holders before the changes are introduced.

The ministry added that imposing such conditions aims to ensure that PRs and pass holders comply with Singapore's laws and do not engage in undesirable behaviour.

"Where such conditions are breached, permits or passes can be cancelled," MHA said.

Top photo via Changi Airport Facebook