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Malaysia Employment Pass Guide Part 2

Following Malaysia Employment Pass Guide Part 1, we will now continue exploring even more information about the Malaysia Employment Pass Guide Part 2.  

The Employment Pass is different from the Professional Visit Pass, which only allows foreign professionals to provide services or undergo practical training with a Malaysian company (preferably a Sdn Bhd) on behalf of the overseas company. Under the professional visit pass, the foreign professional is here for temporary employment, and will have to return to their country of origin after a maximum of 12-months. Foreigners who wish to remain longer prefer to apply to be an Employment Pass holder. 

Before a foreigner can become an Employment Pass holder in Malaysia, the approval must be given by the Expatriate Committee (EC) or the other relevant authorities. Only after approval has been granted can the foreigner then fill the position and apply for this Malaysian work visa. All Malaysia Employment Pass applications will be reviewed and issued at the Immigration Department of Malaysia. Malaysia’s Immigration Department is a department with the Ministry of Home Affairs. Overseeing the work visa Malaysia regulations and issuance is one of the functions of the ministry, among other responsibilities.  

Prior approval is needed because the Malaysian government currently has restrictions imposed on the number of foreign workers a Malaysian-based company can employ. If a company wants to hire foreigners, they must prove to the government why the foreigner is vital and important to the position.  

They must also provide reasons why a local is unable to fill the position. Companies must request a quota from the Immigration Department before proceeding with the work pass application. Only then will they be applied to apply for Employment Pass Malaysia visas for their chosen candidates. 

Once the foreigner has successfully obtained their Employment Pass Malaysia, they can only work for company which has been named in their Employment Pass application. If the foreigner wishes to change companies, they will be required to lodge a new Employment Pass application and obtain approval for a new Malaysia work permit.  

 

Factors That Determine a Successful Employment Pass Malaysia Application

Malaysia has stringent rules when it comes to foreign employment. Quotas need to be met and eligibility criteria needs to be strictly complied with. A company must be able to justify why they need to recruit foreign talent instead of sourcing locally. It is a good idea to keep the following key criteria in mind to ensure a successful EP application outcome:  

 

  • Complete and Updated CV: Ensure that the resume provided is the most detailed and up to date copy. Your qualifications and details of past employment must be clearly status, along with the responsibilities you held in your past post.  

 

  • Salary Requirements: You must meet the minimum salary requirements for the Employment Pass category you intend to apply for. Failure to do so will mean your application is rejected.  

 

  • Qualification Requirements: Your requirements must meet the criteria outlined in the Employment Pass category you intend to apply for. This includes work experience requirements. 

 

  • Applications Forms: Ensure that the application forms submitted are complete and comply with all the Immigration Department’s requirements. This avoids any unnecessary delays with the application process.  

 

  • Getting Prior Approval: The employer must get prior approval from the Expatriate Committee (EC) or any of the relevant authorities before applying for an EP visa. The employer must prove that you are a vital and necessary addition to the business.  

 

  • Checking the Eligibility Criteria: The employer must check beforehand if the company is eligible to hire expats, and for an Employment Pass visa application. If your company is not eligible, you will not be granted a successful application.  

 

How to Apply for an Expat Post in Malaysia 

Foreigners who work in Malaysia are known as expats. These expats will need to meet the minimum criteria to be eligible to enter the country for job postings in Malaysia. These eligibility criteria also determine your Employment Pass eligibility. 

First, to qualify for an expat position, you would need to meet the following criteria: 

  • Hold a degree (minimum) with 3-years’ work experience in a relevant field 
  • Hold a diploma (minimum) with 5-years’ work experience in a relevant field 
  • Hold a technical certificate or equivalent. Must have at least 7-years’ experience in a relevant field 
  • Shareholders must be appointed as the director of the company. They must also hold a key position within the company. 

A foreigner will only be allowed to work with the company which has been specified in their Employment Pass. If at any time the foreigner intends to change employers, they would have to lodge a new Malaysia work visa application, subject to approval. 

 

Different Types of Visas You Could Apply via the Employment Pass 

  • Dependent Pass (DP) 
  • Applicant must be the legal spouse of the EP holder; OR 
  • Applicant must be a child below the age of 18-years (biological or adopted children of the EP holder). Disabled children are eligible regardless of age.  
  • Applicant must be the legal spouse of the EP holder 

 

  • Long-Term Social Visit Pass  
  • Applicant must be a child of the EP holder, above 18-years and unmarried 
  • Applicant must be the parents or parents’ in-law of the EP holder 
  • Applicant must be a common-law spouse of the EP holder 

 

  • Professional Visit Pass (PVP) 
  • Applicant must have acceptable professional skills or qualifications. 
  • Applicant is eligible for practical training with a Malaysian-based company on behalf of their overseas company. This arrangement is temporary, for a period of up to 12-months.  
  • Applicant is eligible to provide services in Malaysia. This arrangement is temporary, for a period of up to 12-months.  
  • Expats can only work for the company which has been named in their PVP.  
  • Not eligible for Dependant Pass application. 

 

Visa Conditions that you must abide to while living in Malaysia 

Employment Pass Category I 

  • Allows the holder to work in West Malaysia (with the hiring company). 
  • Applicant can hire foreign maid(s). 
  • Children under 18-years and legal spouses are eligible for the DP visa. 
  • Unmarried children over 18-years are eligible for the Long-Term Social Visit Pass.  
  • Parents and parents’ in-law are eligible for the Long-Term Social Visit Pass. 
  • Renewal will be considered depending on requirements. 

 

Employment Pass Category II 

  • Allows the holder to work in West Malaysia (with the hiring company). 
  • Applicant can hire foreign maid(s). 
  • Children under 18-years and legal spouses are eligible for the DP visa. 
  • Unmarried children over 18 years are eligible for the Long-Term Social Visit Pass. 
  • Parents and parents’ in-law are eligible for the Long-Term Social Visit Pass. 
  • Renewal will be considered depending on requirements. 

 

Employment Pass Category III 

  • Allows the holder to work in West Malaysia (with the hiring company). 
  • Holder will not be eligible to bring dependants. 
  • Holder will not be eligible to hire foreign maids. 
  • Visa will be subjected to review. Upon approval, it may be renewed for a maximum of 2-years. 

 

Dependent Pass (DP) 

  • Allows the visa holder to live in West Malaysia. 
  • Employment is prohibited. 
  • Holder must request special permission from the Immigration Department of Malaysia to undertake activities for social and welfare purposes. 

 

Long-Term Social Visit Pass 

  • Visa holder can stay in Malaysia for a period of no-less than 6 months. Extensions may be granted depending on applicant’s eligibility 
  • One-time application and change of partner is not allowed for common law spouse. 
  • Granted to foreign husbands and wives of local Malaysians (valid for 5-years) 

Eligible for paid employment (business or professional) without converting to Employment Pass or Temporary Visitor’s Pass. 

 

Steps to Applying for Your Employment Pass Malaysia 

The Employment Pass application process can be summarised into the following steps: 

Step 1: Submitting your application for approval with the Approval Agencies and/or Regulatory Bodies (refer to All You Need to Know About Employment Pass in Malaysia Part 1 for details regarding Approval Agencies and Regulatory Bodies) 

Step 2: Application is reviewed and a supporting letter issue. If documents are incomplete, you will need to amend and fulfill the requirements. 

Step 3: Application submitted to Immigration Department Malaysia. If rejected, client can either appeal or amend and fulfill the requirements needed. 

Step 4: Once Steps 1 to 3 are approved; an Employment Pass application can be launched with the Immigration Department. If rejected, you will need to amend and fulfil the needed requirements. 

Step 5: Once Employment Pass application is approved, make the payment and receive an EP sticker in your passport. 

 

Why Paul Hype Page will be the best Employment Pass solution for you 

With years of experience under our belt, Paul Hype Page can help you apply for your Malaysia Employment Pass quickly and efficiently. Our scope of services will cover all your business needs under one roof. When you choose Paul Hype Page, you are choosing the fastest way to your future. 

Paul Hype Page is Singapore’s foremost expert in company formation. We assist entrepreneurs and help them get set up in Singapore and Malaysia. We comply with the government of Singapore’s terms, as well as all existing statues, laws and regulations so you can focus on what matters most – running your business.

Don’t leave your Employment Pass application to chance

There is always a risk when an application does not go smoothly. In Paul Hype Page & Co, we deal with numerous Malaysia work visa applications on a daily basis and this degree of engagement provides us with deeper insights on the application process. As our liaisons work closely with the Malaysian government and the Immigration Department of Malaysia, we are in good position to discern the requirements and will ensure your visa application is completed with best chance of success and within the shortest time frame.

Call us at + (603) 2181 8105 or contact us now for a free consultation.