Sectors Restricted from Employment Pass Application
Malaysia has tough laws when it comes to immigration. As such, foreigners are restricted from working in certain sectors in the country. There are some sectors in Malaysia that is reserved strictly for locals only. The following sectors are not allowed to apply for an EP in Malaysia:
- Textile industry
- Non-exclusive restaurants
- Supermarkets and mini markets (less than 3,000sq)
- Convenience stores
- Jewellery shops
- Medical hall (traditional and alternative medicine)
- Wet market stalls
- Pavement stores
- National strategic interest
- Fuel stations (both with and without convenience stores)
Malaysia Employment Pass Application and Timeline
The EP registration process in Malaysia involves three stages. The first is the registration, the second stage is projection of expatriate’s recruitment for the coming year, and the final stage is the submission of the EP application.
ESD (Expatriate Services Division) is a requirement for companies who intend to employ expats. Companies can submit all the expat-related information required online to help facilitate the application process. This is a required step, as companies must receive approval before they can hire foreigners. ESD registration must be completed before lodging the EP application.
Stage 1: Registration
Before submitting your EP, you must create an ESD account with the Immigration Department of Malaysia (under Ministry of Manpower). You may log onto the website to do so. Complete all the necessary information needed and upload your required documentation. Submit your application and wait for Immigration to inform you if further information is needed.
During the registration process, once you have submitted your details and documentation, you will need to wait for updates on the status of your application. You will be notified via the system. Upon approval, a Letter of Understanding must be completed and printed out. Once done, you will then need to make an appointment with ESD to complete the registration process and gain full access to the ESD website.
After successful registration, you will then submit your expatriate application via ESD online. You will be notified of the status of your company via the system.
Stage 2: Projection of Expat Recruitment
To ensure that a company’s estimation and planning for the number of expat talents coming in is realistic, a company must submit a projection of its expat talent requirements to the ESD. Once submitted, ESD will take five working days to process the submission under the Client Charter.
All EP applications for expats will be assessed on an individual basis. The applications will also be subjected to approval based on the merits of application.
Stage 3: Submission of EP Application
Since expats are not allowed to apply for their own work passes, the hiring company will be responsible for the application. Once the ESD registration has been complete, companies can submit their EP applications via the website too. EP passes will be processed within 5 working days once all the documents are received. Once approved, the work pass will be issued.
*Note: If an application is rejected by the Securities Commission, an appeal may be lodged 14-days after receiving notice of the decision.
Documents Required for Employment Pass Application
To apply for your work visa in Malaysia, you will need to provide the following documents:
- A copy of the company’s profile
- A copy of the company’s phone bill
- A copy of theMyKad/Passport belonging to the company director
- Tenancy/Sale and Purchase Agreement
- SSM Form 49
- SSM Form 9
- SSM Form 24
- Copy of the e-SSM printout
- Copy of the Local Authorities License if applicable
- Other business licenses where applicable
- Copy of the latest financial report from the company
- Exemption letter from the minimum salary requirement (Category EPIII)
- Other documents which may be requested
*Note: Form 49,9 and 24 must be certified true copies