Statute Details
- Title: Immigration (Section 57(1)(d) — Exemption) Order 2022
- Act Code: IA1959-S586-2022
- Type: Subsidiary Legislation (SL)
- Authorising Act: Immigration Act 1959 (powers under section 56)
- Citation: S 586/2022
- Enacting Formula / Maker: Minister for Home Affairs
- Date Made: 23 June 2022
- Commencement: 8 July 2022
- Status: Current version as at 27 Mar 2026
- Key Provisions: Section 1 (Citation and commencement), Section 2 (Definitions), Section 3 (Exemption)
- Core Concept: Exemption from specified obligations under section 57(1)(d) of the Immigration Act 1959 for hotel/boarding house/hostel operators and related persons, subject to strict conditions using the EVA System
What Is This Legislation About?
The Immigration (Section 57(1)(d) — Exemption) Order 2022 (“the Order”) is a Singapore subsidiary legislation instrument that creates a targeted exemption from parts of the Immigration Act 1959 for accommodation providers. In practical terms, it allows certain hotel, boarding house, hostel, and similar dwelling operators (and persons employed or engaged to work at such premises) to avoid the application of specific requirements in section 57(1)(d) of the Immigration Act—provided that they comply with an alternative, technology-driven process.
The Order is closely tied to the E-Visitor Authentication System (“EVA System”), which is owned by the Singapore Tourism Board. The exemption is not automatic. It is conditional on the accommodation provider taking “all reasonable steps” to verify that a guest’s physical facial features match the facial image in the guest’s passport, and on submitting specified data and images to the Immigration & Checkpoints Authority (“ICA”) through the EVA System within defined timeframes.
From a legal practitioner’s perspective, the Order matters because it operationalises compliance: it sets out the exact procedural steps, data fields, timing requirements, and even the technical/visual specifications for photographs. It also addresses how facial recognition technology may be used without undermining the “reasonable steps” standard, and it clarifies that the same passport must be used across the steps. The result is a compliance framework that is more prescriptive than many general “verification” obligations.
What Are the Key Provisions?
Section 1: Citation and commencement confirms that the Order is the Immigration (Section 57(1)(d) — Exemption) Order 2022 and that it comes into operation on 8 July 2022. This matters for determining which compliance regime applies to check-ins and submissions occurring on or after that date.
Section 2: Definitions provides two important clarifications. First, it defines the “EVA System” as the E-Visitor Authentication System owned by the Singapore Tourism Board. This definition anchors the exemption to a particular system and therefore to a particular workflow and data submission channel to ICA.
Second, Section 2(2) expands the meaning of “a person employed to work at a hotel, boarding house, hostel or other like dwelling place” to include a person engaged to work under a contract for services. This is significant for liability and compliance planning: it ensures that not only employees but also contractors (for example, outsourced front-desk staff or service providers) fall within the scope of the exemption conditions and related compliance expectations.
Section 3: Exemption is the heart of the Order. It states that section 57(1)(d)(ii) and (iii) of the Immigration Act 1959 does not apply to specified persons (owners, managers, or persons in charge of relevant accommodation premises, and persons employed/engaged to work there) if all conditions are fulfilled by any or any combination of such persons.
The conditions are structured around three main obligations: (1) facial feature matching before occupancy, (2) submission of specified information before occupancy, and (3) submission of three images within 24 hours after occupancy.
Condition (a): “All reasonable steps” for facial matching before occupancy requires that before the person is allowed to occupy a room, all reasonable steps are taken to ensure that the person’s physical facial features match the photograph in the passport. The Order further clarifies in Section 3(2) that the use of facial recognition technology does not, by itself, constitute taking all reasonable steps unless two additional requirements are met:
- Use in the check-in process: the facial recognition technology must be used at the premises as part of the check-in process; and
- Error rate limitation: it must only incorrectly match a person’s facial features to the passport photograph in no more than one out of every 200 persons.
This is a notable legal threshold. It converts a potentially vague “reasonable steps” standard into a measurable performance constraint for facial recognition systems. For operators, it implies that they must be able to demonstrate that the system used meets this operational accuracy benchmark (or otherwise that their process satisfies the “reasonable steps” requirement without relying solely on facial recognition).
Condition (b): Submission of specified particulars before occupancy requires that, before the person is allowed to occupy a room, the accommodation provider submits through the EVA System the following information to ICA:
- Passport particulars presented at check-in: full name, nationality, passport document number, date of birth, gender;
- Accommodation booking identification number for the person’s room booking;
- Hotel licence number (where the room is in a hotel under the Hotels Act 1954), being the licence number granted by the Hotels Licensing Board;
- Check-in date; and
- Expected check-out date.
Practically, this condition requires operational integration between booking systems, hotel licensing records, and the EVA System workflow. It also means that incomplete or incorrect data submissions could jeopardise the exemption.
Condition (c): Submission of three images within 24 hours requires that within 24 hours of allowing the person to occupy the room, three images be submitted through the EVA System to ICA:
- (i) a digitally scanned copy of the full passport page containing biodata;
- (ii) a photograph of the person’s face taken at check-in that complies with the Order’s photograph specifications; and
- (iii) either (A) the image extracted from the electronic microchip for electronic machine-readable passports, or (B) a digitally scanned copy of the person’s photograph in the passport if the passport is not such an electronic microchip passport.
This condition is time-bound and image-specific. It also creates a compliance dependency on passport type: operators must be able to determine whether the passport contains an electronic microchip and then capture the correct image source accordingly.
Additional operational clarifications in Section 3 include:
- Same passport requirement (Section 3(3)): for the purposes of the facial matching and image submission steps, the same passport must be used for all steps. This prevents “mix-and-match” scenarios where, for example, a passport is scanned at one stage but a different passport is used for another stage.
- Check-in location requirement (Section 3(4)): the check-in must take place within the premises of the accommodation provider where the person is seeking accommodation. This limits remote or off-site verification practices.
- Photograph specifications (Section 3(5)): the Order sets detailed requirements for the face photograph, including colour, sharp focus, full frontal head-and-shoulders framing, no obstruction by hair, no sunglasses, direct eye contact, no hats/head coverings except those worn habitually for religious reasons or custom (and even then facial features must remain clearly visible).
These specifications are legally relevant because failure to meet them could mean the exemption conditions are not satisfied, exposing the operator to the underlying obligations in section 57(1)(d) of the Immigration Act.
How Is This Legislation Structured?
The Order is short and structured into three substantive parts:
- Section 1 (Citation and commencement): identifies the instrument and its effective date (8 July 2022).
- Section 2 (Definitions): defines “EVA System” and clarifies that “persons employed to work” includes persons engaged under contracts for services.
- Section 3 (Exemption): sets out the exemption from section 57(1)(d)(ii) and (iii) of the Immigration Act 1959, and then enumerates the conditions (a) facial matching steps, (b) pre-occupancy data submission, and (c) post-occupancy image submission within 24 hours, plus technical clarifications and photograph specifications.
Notably, the Order does not contain separate “Parts” or complex schedules. Instead, it embeds the compliance framework directly within Section 3.
Who Does This Legislation Apply To?
The exemption is directed at accommodation providers and the people who perform check-in functions at those premises. Specifically, it covers:
- the owner, manager, or other person in charge of a hotel, boarding house, hostel, or similar dwelling place; and
- any person employed to work at such premises, including persons engaged under a contract for services.
Accordingly, the compliance burden is operational and organisational. It is not limited to immigration compliance officers; it extends to front-line check-in staff and contractors who capture passport and facial images and submit data through the EVA System.
The exemption is also conditional on the accommodation provider’s ability to perform the required steps using the EVA System and to ensure that check-in occurs on-site within the premises where the accommodation is provided.
Why Is This Legislation Important?
This Order is important because it creates a legally enforceable pathway for hotels and similar accommodation providers to manage immigration-related verification obligations efficiently while meeting ICA requirements. For practitioners advising accommodation businesses, the key takeaway is that the exemption is conditional and procedurally exact. If the conditions are not met, the exemption will not apply, and the underlying statutory obligations in section 57(1)(d) of the Immigration Act may be triggered.
From a compliance and risk perspective, the Order’s most consequential features are: (i) the “all reasonable steps” facial matching requirement; (ii) the quantified facial recognition error threshold (no more than one incorrect match out of 200); (iii) the mandatory pre-occupancy submission of specific passport and booking data; and (iv) the time-bound submission of three images within 24 hours, including strict photograph specifications. These elements are likely to be central in any investigation, audit, or enforcement action following a non-compliant check-in.
For legal counsel, the Order also has contractual implications. Since it covers persons engaged under contracts for services, operators should ensure that outsourcing arrangements with check-in vendors, security contractors, or front-desk staffing agencies include clear obligations to comply with the EVA System workflow, photograph standards, and timing requirements. Failure by contractors could undermine the operator’s ability to show that “all of the following conditions are fulfilled” by any or any combination of the persons covered.
Related Legislation
- Immigration Act 1959 (notably section 57(1)(d) and the enabling power referenced in the Order)
- Hotels Act 1954 (licensing framework; relevant for hotel licence number submission)
- Timeline (legislation versioning reference; the Order indicates current version as at 27 Mar 2026)
Source Documents
This article provides an overview of the Immigration (Section 57(1)(d) — Exemption) Order 2022 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.