APPROVAL FOR MARRIAGE TO FOREIGNERS (Entitlement to stay in Singapore)

Dr Koh Lam Son asked the Minister for Community Development what steps he will take to dispel the general misconception that an approval for marriage, by the Registrar of Marriages, to a foreigner will entitle the latter to stay in Singapore.

The Minister for Community Development (Mr Wong Kan Seng): Mr Speaker, Sir, before a foreigner contracts marriage with a Singapore citizen or permanent resident, it is made very clear to him or her by the staff of the Registry of Marriages that marriage does not automatically confer on the foreigner the right to remain permanently in Singapore.

The documents which I have asked the Clerk to circulate are brought to the attention of the foreigners. There are two categories of foreigners.

Work permit holders require the approval of the Commissioner for Employment to marry a Singapore citizen or permanent resident. In the approval letter he is informed by the Commissioner that marriage to a Singaporean does not automatically confer on the foreign spouse the right to remain or reside permanently in Singapore. If you look at paragraph 3 of Annex A (Cols. 603 - 604) you can see that paragraph quite clearly stated. paragraph 3 of Annex A (Cols. 603 - 604)

For a non-Work Permit holder an Immigration Notice, ie in Annex B (Cols. 605 - 608), informing that marriage does not confer automatic residency is given to the foreigner. Annex B (Cols. 605 - 608)

In a letter to the marriage applicants calling for their attendance, the Registrar of Marriages also makes the same point. That is in paragraph 3 also of Annex C (Cols. 609 - 610). paragraph 3 also of Annex C (Cols. 609 - 610)

From the documents and notices issued, there can be no doubt that foreigners who are affected are fully aware of their position before they contract marriage with Singapore citizens or permanent residents.

Mr Tan Soo Khoon (Alexandra): Sir, is the Minister suggesting that married couples under such circumstances should live apart?

Mr Wong Kan Seng: Mr Speaker, Sir, I have made no such suggestion. The question simply asks whether a foreigner who marries or intends to marry a Singaporean, when registering with the Registrar of Marriages, is clearly told that the approval of marriage does not automatically confer on him the right to remain permanently in Singapore. That is all I said. I have made no such suggestion.

Mr Tan Soo Khoon: If the foreign spouse does not have the right to live in Singapore, how then can the married couple live together? That is my question.

Mr Wong Kan Seng: That is a question of permanent residence or residing in Singapore, which is clearly under the purview of the Immigration Department. I would reserve the privilege of answering this question to my colleague, the Minister for Home Affairs.

Mr Chiam See Tong: What is the rationale of the Government in allowing a couple to marry and then to separate them?

Mr Wong Kan Seng: Mr Speaker, Sir, under our marriage laws, the Registrar of Marriages will register any marriage. We cannot stop any person from wanting to register the marriage here. But whether a foreigner who marries a Singaporean is allowed to remain here or not is a totally different thing altogether. That is a question of residence which is clearly under the purview of the Home Affairs Ministry which, as I have just said, is a question which I would prefer my colleague to answer. I think that privilege should be reserved to him.

Mr Chiam See Tong: Mr Speaker, the Minister has not answered my question. I asked what is the rationale? On the one hand, the Immigration authorities cleared and allowed the Registrar of Marriages to register ---

Some hon. Members: No.

Mr Chiam See Tong: As I understand it, all foreigners who want to marry Singaporeans must get the clearance of the Controller of Immigration.

Some hon. Members: No.

Mr Chiam See Tong: That is what I have experienced, a foreigner getting married in Singapore.

Some hon. Members: No.

Mr Chiam See Tong: But that is my experience. I have not got proof here. But before a foreigner can marry a Singapore citizen, he must get the clearance of the Controller of Immigration, be he a Malaysian or any foreigner, a Filipino girl or a girl from the Riau Islands. Normally clearance is given. So he gets married, and now you want to separate them.

Mr Ng Kah Ting (Punggol): Mr Speaker, Sir, before the Minister answers, could I suggest to the Minister that he should attempt to answer the question and not pass the buck to another Minister.

Mr Wong Kan Seng: Clearly I cannot speak on behalf of my colleague. This is a matter under the Home Affairs Ministry. Does the Member really expect me to answer his question?

Mr Ng Kah Ting: In that case, could he and his colleague, the Minister in charge, work together so that either of them is able to stand up and answer the question?

Mr Wong Kan Seng: We always work together in all these issues. I think the point is whether the question that was asked by the Member for Telok Blangah has solicited the right answer. He has. I have given the answer. If he were to ask a different question, like residence, that is a totally different question. Another question can be raised and it will be answered.

Prof. Jayakumar: In order not to prolong this debate, Mr Speaker, Sir, Members will recall that at a sitting not long ago the question of Immigration policy, in particular the question of permanent residence for foreign spouses, whether or not they are holders of work permits, has been raised and the policy has been fully explained in this House. If any Member feels that the policy has not been fully explained, the proper course is for the Member to direct the question to the Ministry of Home Affairs, and I can assure Members that the full answer will be given if they consider that the full answer has not been given before.

Dr Augustine H.H. Tan (Whampoa): Mr Speaker, a supplementary question for the Minister for Community Development. Is he aware that there are people who go abroad to seek brides without knowing that when they try to bring them back to Singapore they are subject to this restrictive immigration rule?

Mr Wong Kan Seng: If a Singaporean wants to register a marriage with a foreigner, the right thing to do before he goes overseas to find a foreign bride is to check with the Registry of Marriages, or to check with the Immigration Department, if he or she intends to bring her or him back to Singapore.

Dr Koh Lam Son (Telok Blangah): Mr Speaker, Sir, I have asked this question because I believe there are genuine cases of people who are ignorant of this non-compliance between the two Ministries. The Minister has given us two sets of forms, one set is in four languages whereas the other set is only in one language. I am wondering whether this could be the cause of it. Because I have heard of cases where they are genuinely ignorant of the fact that the granting of permission to marriage does not automatically allow the foreigner to stay in Singapore.

Mr Wong Kan Seng: This set of form in Annex B is given to anyone who wants to register his marriage. So it cannot be the case where a person wanting to register his marriage went to the Registrar of Marriages and was not told of the conditions. The form is in four languages and even after signing it, the Registry staff would explain to the applicant as to the implication of his application. So if he can refer to me a particular case of a person who has not understood the condition, I will have it investigated.

Dr Koh Lam Son: May I request that this form can be done in the four languages too.

Mr Wong Kan Seng: It is in four languages.

Dr Koh Lam Son: Can the letter from the Registrar of Marriages be in four languages too?

Mr Wong Kan Seng: Sir, there is no need for the letter to be in four languages because before a marriage is registered the person has already received a form and that form clearly is in four languages. If you were to write letters in four languages, I think what it will mean is that you will have to write all official correspondence in four languages.