What’s in this article
Malaysia has always been a top destination for expats and foreign workers given its quality of life, vast employment opportunities, and an attractive destination for company incorporation. If you are a work visa holder and looking to relocate your family to Malaysia, you must apply for the Malaysia Dependant Pass (DP).
When you’re living in Malaysia as a dependant pass, you are still eligible to establish a Malaysian-registered Company if, you register as a foreigner instead of a pass holder.
However, it is a different story when you wish to establish a Malaysian-registered Company or work in Malaysia as a dependent pass holder. According to the Immigration Department of Malaysia, a dependant pass holder in Malaysia will not be allowed to be an employee unless the employer needs to attain an Employment Pass (EP) for the employee.
For those who hold a Professional Work Permit (DP10) visa instead of an Employment Pass visa, you also have permission to work. However, the company that you are an employee with must be approved by either the Immigration Department or approving agencies like MDEC and MIDA.
Once your job has been approved, you do not need to change your Dependant Pass with an Employment Pass visa, as this will be done by the hiring company. Companies must file applications via the Malaysian Expatriate Services Division (ESD) website. This is available via the Immigration Department of Malaysia’s website.
What is a Dependent Pass in Malaysia & who can you bring with you?
As most people are aware, an Employment Pass (EP) holder in Category 1 or Category 2 is eligible to apply for a Dependant Pass (DP) to bring in some of their family members to Malaysia. This DP is normally for:
- Spouse
- Children (under 18 years old)
- Legally adopted children (under 18 years old)
- Parents of EP holder
For EP category 3, temporary employment pass, or professional visit pass holders, there is no option for applying for the Malaysia Dependant Pass.
Another group of individuals who are eligible to apply for dependant passes in Malaysia are Malaysia Student Pass holders. These are individuals who are currently taking their Master’s or PhD in Malaysia.
Requirements to apply for Dependant Pass in Malaysia
To apply for the Dependant Pass in Malaysia, the applicant will need to fulfil the following requirements and criteria:
- All pages of passports, including cover
- Recent passport photos
- Proof of family relationships such as:
- Marriage certificates for legal spouses
- Birth certificate for children or parents
- Custody letter for the child (if applicable)
- Adoption papers for the child (if applicable)
- Copy of Employment Pass or Student Pass
- Copy of the Form IMM.12 and IMM.38 for Malaysia visa application
- Personal bond (for student pass holders)
- Letter of confirmation from the educational institution (for student pass holders)
All documents above must be in English and must have approval as a Certified True Copy (CTC) by the embassy or consulate of your family members’ respective country in Malaysia or the Malaysian Embassy/Consulate in your family members’ country.
As such, the work visa application is subject to the requirements and conditions imposed by the Immigration Department of Malaysia.
How to Apply for a Dependant Pass in Malaysia?
There are two ways where you can apply for a Malaysia dependant pass.
- Apply during your EP application
- Apply after your EP is approved and you are physically in Malaysia
For both ways, your employer will need to apply on your behalf.
Student pass holders can only apply for dependant passes after the pass is issued. Similar to EP holders, the sponsor will apply the dependant pass for your family via the EMGS website.
Steps to apply for Dependant Pass in Malaysia
- Apply through the educational institution. A valid student pass is a must for this.
- The Immigration Department and Education Malaysia Global Services (EMGS) review the application.
- Your institution’s international students’ office will inform you of the application’s approval or disapproval.
- Upon application approval, EMGS will issue the Long-Term Social Visit Pass (LTSVP) to your institution.
What is a Malaysia Employment Visa
The Malaysia Employment Visa (also known as the Malaysia Work Permit Visa) is given to qualified foreign nationals who are hired by a Malaysian company for technical or managerial positions. It takes approximately 7-14 working days to be processed it can be valid for up to 60 months.
How Much Does a Malaysia Dependent Pass Cost?
The costs to apply for a dependant pass in Malaysia will include:
- Annual cost of dependant pass
- Processing fee
- Any other ad-hoc fees
Can Dependent Pass holders work in Malaysia?
Companies in Malaysia must obtain an Employment Pass for a Dependant Pass (DP) holder before hiring them for work.
As such, the work visa application is subject to the requirements and conditions imposed by the Immigration Department of Malaysia.
Can Dependent Pass start a business in Malaysia?
The Company Act 2016, allows foreigners to incorporate a Company and become a sole owner as long as they have a legitimate local residential address. Some of the business structures available are:
- Private Limited Company (Sdn. Bhd.) – Most preferred
- Public Limited Company (Berhad)
- Subsidiary
- Branch
Being a dependant pass holder in Malaysia gives you the advantage of:
- Having a local residential address
- Being physically present in Malaysia
- Having a local contact number
- Having the knowledge of whom to approach for advice
- Having knowledge of how business is run in Malaysia
However, the business establishment will be based on having you as a foreign director instead of a dependent pass holder. Once you have established the business in Malaysia, you may appoint a third-party Human Resource (HR) provider or hire your in-house HR to apply for the employment pass on your behalf.
The Company can hire you legally as a foreign employee once they ensure an Employment Pass (EP) for you.
Key Points to Note About Being a Dependent Pass Holder
It is important to note that consent in writing must be by the Immigration Department before employment can commence. The process of converting a Dependant Pass to an Employment Pass may have varying timelines. This could be due to several factors, including more time needed for the verification of official documents. You must also obtain an endorsement on your passport from the Immigration Department before you can start working.
FAQs
Malaysia’s company laws allow people of any nationality to set up a Sdn Bhd company there. Conversely, foreigners may not start a sole proprietorship or partnership in Malaysia.
Although a Sdn Bhd has everlasting business continuity, it may nevertheless be dissolved. Of course, all the steps of company dissolution must be completed before such may take place.
All Sdn Bhd companies are required to have shareholders before they many conduct business operations. It is illegal for such a company to operate if it does not have any shareholders.
If i am holding a dependent pass and a company tried to apply an employment pass for me but unfortunately got rejected. Will it jeopardize or forfeit my dependent pass or it will still be retained?
what happen to dependant visa of expat after they divorce?
Hi, you can cancel the dependent pass after they divorce.
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